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B-201395.3 1 (1982-06-23)

handle is hein.gao/gaobadkky0001 and id is 1 raw text is: 5</ J14P /, THU CVIIPTFIOLLUR 'JENgRAL DECISION OF THE UNITED STATES -I/S WASHNGTON. C)., C. 0054 FILEt B-201395,) DATE: June 23l 1982 MATTER C)F:' Assoiation of Soil and Foundation Engineers-- Second Request for Reconsideration DIGEST: Brooks Act procedure for selecting arehi- P tectural or engineering firms does not apply to a procurement, even though engineers will be used to perform part of the work, where the prime contractor itself does not have to be an engineering firm to perform the contract successfully. Prior decision is affirmed, The Association of Soil and Foundation Engineers (ASFE) has requested reconsideration of our decision in Association of Soil and Foundation Engineers-- r.$cio-isderation, B-20l-s72, May 6, 1982, 61 Comp. Gen, , 82-1 CPD There we affirmed our decision in Aso.iatlon of Soi- ard Foundation Engineers, U-201395, July 17, 1981, Ll-2 CPD 43, where wie had denied ASFE's protest that Brooks Act (40 US,C. 5 541., et seq. (1976)) procurement procedures should have been used by the Federal Highway Administration (FIUWA) in procuring centrifuge testing of model pile group founda- tions. We stated that the Brooks Act procedures did not apply because, even though eng.neers would be used in performing the contract, FIIA had reasonably concluded that it was unnecessary for the contractor itself to be a professional engineering firm in order to pertorm the contract successfully. According to ASFE, our decision should be modified because it would permit federal agencies to obtain archi- tectural and engineering (%-U) irvives from firms which are legally forbidden to provide them under state and local law. ASFE continues to insist that the scope of the Brooks Act should be interpreted so thlt only licensed or registered engineers may lawfully respond to work state- ments which call for the use of licensed engineers to any extent. ,I :5 *1 qt ,*~

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