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GAO responded to a congressional query concerning a GAO attorney's statement, which appeared in a civil engineering magazine, that federal agencies do not have to obey the Brooks Act when procuring design and consultant services in connection with federal construction projects. GAO concluded that the article misstated the GAO position and distorted the attorney's comments. Brooks Act procedures must be used in these situations and, if called upon, GAO would ensure that the procedures are used. However, GAO defers to the judgment of agencies to determine how broadly to apply Brooks Act procedures unless an agency clearly violates the act.

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