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B-207849 1 (1982-07-20)

handle is hein.gao/gaobadkmw0001 and id is 1 raw text is: 



                                   ..x   THE COMPTROLLER GENEMAL
                 DECISION                 nw THM UNITMO SMTKU
                                       #W$ WASHINGTON, U. C. 205401



                 FILE: B07849                  DATE; July 20, 1982

                 MATTER OF: Department of Energy Request for Decision

                 DIGEST;
                     Brooks Act procedure for selecting archi-
                     tectural or engineering (A-E) firms to
                     perform A--E services does not apply where
                     the contracting agency reasonably detor-
                     mines that a contract for technical sup-
                     port services can be pe~rformed by persons
                     who simply have engineering training and
                     does not require a professionaly licensed
                     A-E firm.


                     The Department of Energy (DOE) has requested our
                opinion regarding the applicability of the procedure
                sat out in the Broo;s Act (40 U.S.C. § 541 at se
                (1976)) to the procurement of services from engineers to
                review and analyze engineering-.related reports prepared
                by grant applicant0.  The Brooks Act procedure, which
                must be followed in procurements of professional archi-
                tectural and engineering (A-E) aervices, does not in-
                clude price competition.  DOE's solicitation (request
                for quotations 82-04), which requires that the con-
                tractor's review team be comprised of dogreed engi-
                neers (persons who have completed formal engineering
                training), indicates that the selection deciston will
                include consideration of the competitor's prices.  DOE's
                request follows the filing with DOE of a protest by the
                American Consulting Engineers Council that the procure-
                ment improperly does not conform to the Brooks Act pro-
                cedure.

                     In our view, the Brooks Act does not apply 4n this
                situation.

                     The Brooks Act applies to the procurement of ser-
                vices which uniquely or to a substantial or dominant
                extent logically require performance by a profession-
                ally licensed and qualified A-E firm.  Such services
                essentially consist of design and consultant sorvices
                typically relating to Federal construction or related
                projects. tinnemanj Ejg.r oering--reconsideration,



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