Brooks Act Procedure for Selecting Architectural or Engineering Firms

Pursuant to a procurement protest filed by a professional engineers association, the Department of Energy (DOE) requested an opinion regarding the applicability of a procedure set out in the Brooks Act to the procurement of services from engineers to review and analyze engineering-related reports prepared by grant applicants. The Brooks Act procedure, which must be followed in procurements of professional architectural and engineering services, does not include price competition. The DOE solicitation in question required that the contractor's review team be comprised of degreed engineers and indicated that the selection decision would include consideration of the competitor's price. In the view of GAO, the Brooks Act did not apply in this situation. The Act applies to the procurement of services which require professionally licensed firms for design and consultation relating to Federal construction or related projects. A contracting agency is free to decide that a particular award need not be restricted to professional engineering firms. GAO saw no basis for questioning the DOE judgment that the services of a licensed professional engineer were not required for the assistance sought under this solicitation. Accordingly, the Brooks Act procedure would not apply in this instance.