Request for Reconsideration Alleging Improper Procurement Procedures

An association requested reconsideration of a decision which denied its protest that the Brooks Act procurement procedures should have been used in the procurement of centrifuge testing. GAO had stated that the procedures did not apply because, even though engineers would be used in the contract, the agency had reasonably concluded that it was not necessary for the contractor to be a professional engineering firm to successfully perform the contract. The association felt that the decision should be modified, because it would permit Federal agencies to obtain architectural and engineering services from firms which are legally prohibited from providing them under State and local law. The protester continued to insist that only licensed or registered engineers may lawfully respond to work statements which call for the use of licensed engineers. Although the association disagreed, GAO held that its prior decision was consistent with the intent and purpose of the Brooks Act. Accordingly, the prior decision was affirmed.