§ 35.937-12Subcontracts under subagreements for architectural or engineering services.
(a) Neither award and execution of subcontracts under a prime contract for architectural or engineering services, nor the procurement and negotiation procedures used by the engineer in awarding such subcontracts are required to comply with any of the provisions, selection procedures, policies or principles set forth in § 35.936 or § 35.937 except as provided in paragraphs (b), (c), and (d) of this section.
(b) The award or execution of subcontracts in excess of $10,000 under a prime contract for architectural or engineering services and the procurement procedures used by the engineer in awarding such subcontracts must comply with the following:
(1)Section 35.936-2 (Grantee procurement systems; State or local law);
(2)Section 35.936-7 (Small and minority business);
(3)Section 35.936-15 (Limitations on subagreement award);
(4)Section 35.936-17 (Fraud and other unlawful or corrupt practices);
(5)Section 35.937-6 (Cost and price considerations);
(c) The applicable provisions of this subpart shall apply to lower tier subagreements where an engineer acts as an agent for the grantee under a management subagreement (see § 35.936-5(b)).
(d) If an engineer procures items or services (other than architectural or engineering services) which are more appropriately procured by formal advertising or competitive negotiation procedures, the applicable procedures of § 35.938 or of part 33 shall be observed.
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