APPENDIX E: THE BROOKS BILL

PUBLIC BUILDINGS—SELECTION OF ARCHITECTS AND ENGINEERS

PUBLIC LAW 92-582: 86 STAT.1278

An Act to amend the Federal Property and Administrative Service, Act of 1949 in order to establish Federal policy concerning the selection of firms and individuals to perform architectural, engineering, and related services for the Federal Government.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That:

The Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.) “is amended by adding at the end thereof the following new title:

“TITLE IX—SELECTION OF ARCHITECTS AND ENGINEERS

“Definitions

“Sec. 901. As used in this title—

“(1) The term ‘firm' means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the professions of architecture or engineering.



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ON THE RESPONSIBILITIES OF ARCHITECTS AND ENGINEERS AND THEIR CLIENTS IN FEDERAL FACILITIES DEVELOPMENT APPENDIX E: THE BROOKS BILL PUBLIC BUILDINGS—SELECTION OF ARCHITECTS AND ENGINEERS PUBLIC LAW 92-582: 86 STAT.1278 An Act to amend the Federal Property and Administrative Service, Act of 1949 in order to establish Federal policy concerning the selection of firms and individuals to perform architectural, engineering, and related services for the Federal Government. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That: The Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.) “is amended by adding at the end thereof the following new title: “TITLE IX—SELECTION OF ARCHITECTS AND ENGINEERS “Definitions “Sec. 901. As used in this title— “(1) The term ‘firm' means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the professions of architecture or engineering.

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ON THE RESPONSIBILITIES OF ARCHITECTS AND ENGINEERS AND THEIR CLIENTS IN FEDERAL FACILITIES DEVELOPMENT “(2) The term 'agency head' means the Secretary, Administrator, or head of a department, agency, or bureau of the Federal Government. “(3) The term 'architectural and engineering services' includes those professional services of an architectural or engineering nature as well as incidental services that members of these professions and those in their employ may logically or justifiably perform. “Policy “Sec. 902. The Congress hereby declares it to be the policy of the Federal Government to publicly announce all requirements for architectural and engineering services, and to negotiate contracts for architectural and engineering services on the basis of demonstrated competence and qualification for the type of professional services required and at fair and reasonable prices. REQUESTS FOR DATA ON ARCHITECTURAL AND ENGINEERING SERVICES “Sec. 903. In the procurement of architectural and engineering services, the agency head shall encourage firms engaged in the lawful practice of their profession to submit annually a statement of qualifications and performance data. The agency head, for each proposed project, shall evaluate current statements of qualifications and performance data on file with the agency, together with those that may be submitted by other firms regarding the proposed project, and shall conduct discussions with no less than three firms regarding anticipated concepts and the relative utility of alternative methods of approach for furnishing the required services and then shall

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ON THE RESPONSIBILITIES OF ARCHITECTS AND ENGINEERS AND THEIR CLIENTS IN FEDERAL FACILITIES DEVELOPMENT select therefrom, in order to preference, based upon criteria established and published by him no less than three of the firms deemed to be the most highly qualified to provide the services required. NEGOTIATION OF CONTRACTS FOR ARCHITECTURAL AND ENGINEERING SERVICES “Sec. 904. (a) The agency head shall negotiate a contract with the highest qualified firm for architectural and engineering services at compensation which the agency head determines is fair and reasonable to the Government. In making such determination, the agency head shall take into account the estimated value of the services to be rendered, the scope, complexity, and professional nature thereof. “(b) Should the agency head be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, at a price he determines to be fair and reasonable to the Government, negotiations with that firm should be formally terminated. The agency head should then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the agency head should terminate negotiations. The agency head should then undertake negotiations with the third most qualified firm. “(c) Should the agency head be unable to negotiate a satisfactory contract with any of the selected firms, he shall select additional firms in order of their competence and qualification and continue negotiations in accordance with this section until an agreement is reached.” Approved October 27,1972.

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ON THE RESPONSIBILITIES OF ARCHITECTS AND ENGINEERS AND THEIR CLIENTS IN FEDERAL FACILITIES DEVELOPMENT