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B-215021 1 (1984-06-27)

handle is hein.gao/gaobachjm0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES 605 WASHINGTON D.C. 20548 B-215021 June 27, 1984 The Fonorable Jack Brooks Chairman Committee on Government Operations House of Representatives Dear Mr. Chairman: This responds to your April 12, 19P4 letter concerning an article in Civil Enoineerinq magazine reqardinq certain statements about the Prooks Act, Pub. L. No. 92-582, by a senior attorney in our Office of General Counsel at the October 1983 loss prevention seminar of the Association of Soil and Foundation Engineers (ASFF). You ask whether the attorney was quoted correctly and, if so, whether his views--rarticularly his purported comment that federal acencies do not have to obey the Brooks Act if they don't want to--represent the views of the General Accountina Office (GAO) on implementation of the statute. The article misstates our view on the act and distorts the attorney's comments. The services involved in the Civil Fnaineerinq arti- cle, and in our ongoin disagreement with ASFF about the applicability of the Brooks Act, are not those that the Act's leqislative history identifies as intended to be encompassed by the statute. The history illustrates that the services contemplated by the Brooks Act are desian and consultant services traditionally obtained in connection with federal construction and related proqrams, includina alteration and renovation prolects. There is no question that the Brooks Act's procedures must be used in these situations, and if called upon we would insure that those procedures were used. ASFE, however, is not concerned with desiqn and con- sultant services and, indeed, we seldom receive a bid pro- test that an aaency is not usina the Act's procedures to secure them. Instead, the central issue in the bid oro- tests filed'hy ASFE has been how far beyond the clearly contemplated services a federal aaency must applv the Brooks Act before the aqencv will run afoul of the laws

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