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FILE; B-201395.2 DATE: 114y 61 1982
MATTER OF: Association of Soil and Foundaton
Engineers--Reconsideration
DIGEST:
Broocs Act provides a procerOure which must
be used when an agency is selecting an
architectural or engineering (A-E) firm to
perform A-N services, This procedure is
not applicable in procuring a research con-
tract, even though the contractor is expected
to use engineers, where it is unnecessary for
the contractor itself to be a professional
engineering firm to successfully perform the
contract.
The Association of Soil and FoundatiQn Engineers
(ASFE) requests reconsideration of our decision in
Association of Soil and Foundation Engineers, B-201395,
July 17, 1981, 81-2 CPD 43. In that decision, we denied
ASFE's protest that Brooks Act (40 U.S.C, § 541, et 0.'
(1976)) procurement procedures should have been used
.,1 under request for proposals (RFP) DTFH61-81-R-00034,
issued by the Federal Highway Administration (FHWA),
'* Department of Transportation, for centrifuge testing ci
* i model pile group foundations.
In its request,-for reconsideration$ ASFE states
, that the RFP specifically estimated that 2600 profes-
Ssional hours of geotechnical engineering would be
neededl also, ASFE argues that mechanical engineering
and electrical engineering were needed to perform the
contract. Pointing to the Maryland statutes relative
to engineering as being typical of all State statutes
on the subject, ASFE argues that under State statutos
,, only a licensed engineer may offer to perform engineering
I!, services. Therefore, ASFE argues that our decision should
. have held that Brooks Act proced~ures applied to this pro-
' curement.
'I,
~'. *1
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