Overview
FAR 36.601 establishes the "Brooks Act" policy for acquiring architect-engineer (A-E) services, emphasizing a qualifications-based selection process rather than traditional price competition. It defines the scope of professional A-E services and mandates that selection be based on demonstrated competence and fair negotiation.
Key Rules
- Qualifications-Based Selection (QBS): Agencies must select A-E contractors based on professional qualifications and competence rather than the lowest bid. Price is negotiated only after the most qualified firm is identified.
- Public Announcement: All requirements for A-E services must be publicly announced to ensure transparency and competition.
- Exclusion of Standard Procedures: The procurement of A-E services is exempt from the solicitation and source selection procedures in FAR Parts 13 (Simplified Acquisition), 14 (Sealed Bidding), and 15 (Contracting by Negotiation).
- The "Dominant Extent" Test: If a contract includes both A-E and other services, the A-E procedures must be used if the work is "substantially or to a dominant extent" professional services requiring a licensed or registered architect or engineer.
- Sustainability Requirements: Statements of Work (SOW) must require A-E firms to specify the maximum practicable use of recovered materials and consider energy conservation and waste reduction in their designs.
- Scope of Services: A-E services include professional design, surveying, and mapping, as well as incidental services (like value engineering or soil tests) that logically require performance by registered professionals.
Practical Implications
- Shift in Proposal Focus: Firms must prioritize demonstrating their technical expertise, specialized experience, and past performance in proposals, as these factors—not price—determine their ranking in the selection process.
- Procurement Classification: Contracting Officers must carefully analyze SOWs to determine if the work requires a professional license; misclassifying A-E services as general services (or vice versa) can lead to procedural errors and potential protests.
- Design Standards: Government facility designs are legally mandated to incorporate "green" requirements, placing the burden of environmental compliance on the A-E firm's technical specifications.