The Brooks Act, also known as the Selection of Architects and Engineers statute is a
United States federal law
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as ...
passed in 1972 that requires that the
U.S. Federal Government
The federal government of the United States (U.S. federal government or U.S. government) is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, a city within a fed ...
select
engineering
Engineering is the use of scientific principles to design and build machines, structures, and other items, including bridges, tunnels, roads, vehicles, and buildings. The discipline of engineering encompasses a broad range of more speciali ...
and
architecture
Architecture is the art and technique of designing and building, as distinguished from the skills associated with construction. It is both the process and the product of sketching, conceiving, planning, designing, and constructing building ...
firms based upon their competency, qualifications and experience rather than by price.
Method
The method described would be to evaluate all possible candidates and narrow them down to the three best choices. Then the selection process would commence negotiations with the firm deemed most qualified. If the State and firm are unable to agree on a
fair and equitable price for their services, the State would then cease talks with that firm and move to the firm deemed second most qualified. If the State would be unable to agree with that firm, they would move to the third in a similar fashion. If the State is unable to agree on a price with that firm, they would be required to open up their selection criteria to more firms.
Still potential for selection based on price
While the intent is for the State to select the firm that is most qualified and should produce the best results as a result of this fact, there remains the potential to still make a selection based upon price. If you cannot reach a "Fair & Reasonable Price" vs. your estimate, you move on to the next best technical proposal.
See also
*
Qualifications-Based Selection Qualifications-Based Selection (QBS) is a procurement process established by the United States Congress as a part of the '' Brooks Act'' and further developed as a process for public agencies to use for the selection of architectural and engineering ...
External links
The Brooks Act: How to use Qualifications Based Selection American Council of Engineering Companies (ACEC) website.
1972 in law
United States federal government administration legislation
United States federal legislation articles without infoboxes
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