2014 US Code
Title 40 - Public Buildings, Property, and Works (Sections 101 - 18304)
Subtitle I - Federal Property and Administrative Services (Sections 101 - 1315)
Chapter 11 - Selection of Architects and Engineers (Sections 1101 - 1104)
Sec. 1104 - Negotiation of contract

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Metadata
Publication TitleUnited States Code, 2012 Edition, Supplement 2, Title 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
CHAPTER 11 - SELECTION OF ARCHITECTS AND ENGINEERS
Sec. 1104 - Negotiation of contract
Containssection 1104
Date2014
Laws In Effect As Of DateJanuary 5, 2015
Positive LawYes
Dispositionstandard
Source CreditPub. L. 107-217, Aug. 21, 2002, 116 Stat. 1130.
Statutes at Large References86 Stat. 1279
116 Stat. 1130
Public and Private LawsPublic Law 92-582, Public Law 107-217

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40 U.S.C. § 1104 (2014)
§1104. Negotiation of contract

(a) In General.—The agency head shall negotiate a contract for architectural and engineering services at compensation which the agency head determines is fair and reasonable to the Federal Government. In determining fair and reasonable compensation, the agency head shall consider the scope, complexity, professional nature, and estimated value of the services to be rendered.

(b) Order of Negotiation.—The agency head shall attempt to negotiate a contract, as provided in subsection (a), with the most highly qualified firm selected under section 1103 of this title. If the agency head is unable to negotiate a satisfactory contract with the firm, the agency head shall formally terminate negotiations and then undertake negotiations with the next most qualified of the selected firms, continuing the process until an agreement is reached. If the agency head is unable to negotiate a satisfactory contract with any of the selected firms, the agency head shall select additional firms in order of their competence and qualification and continue negotiations in accordance with this section until an agreement is reached.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1130.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
1104 40:544. June 30, 1949, ch. 288, title IX, §904, as added Pub. L. 92–582, Oct. 27, 1972, 86 Stat. 1279.

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