Most federal competitions weigh price alongside other factors from the start. Architect-engineer services are different. Under a law passed in 1972, agencies select design firms based on demonstrated competence and qualifications, then negotiate a fair and reasonable fee with the firm they rank highest. For engineering and design firms planning their summer pursuits, understanding that process is the foundation of every federal A-E submission.
Where the law came from
The Brooks Act, named for Representative Jack Brooks of Texas, wrote into federal law a selection method that professional design organizations had long advocated: qualifications-based selection. The reasoning is that the quality of design work drives the cost and performance of a building or facility for decades, and that fee competition can push firms toward minimal effort at the stage where thoughtful design matters most. Many states later adopted similar laws for their own design procurements. The 1972 law is distinct from an earlier Brooks Act of 1965 concerning federal computer purchases, which was later repealed.
How the selection process works
The FAR implements the Brooks Act in Subpart 36.6. In general terms:
- The agency publicly announces its requirement, typically on sam.gov, describing the project and the evaluation criteria.
- Interested firms submit qualifications, generally on Standard Form 330, which describes the team, key personnel, relevant projects and capabilities.
- An evaluation board reviews the submissions against the announced criteria, which commonly include specialized experience and technical competence, professional qualifications, capacity to accomplish the work in the required time, past performance and knowledge of the locality.
- The board holds discussions with at least three of the most highly qualified firms and ranks them.
- The agency negotiates a contract with the top-ranked firm. If the two sides cannot agree on a fair and reasonable price, negotiations end and the agency moves to the next firm on the list.
Price is not part of the initial evaluation, and firms should not include fee information in their qualifications unless the announcement specifically calls for it.
Writing a strong SF 330
The SF 330 is the heart of an A-E submission. Treat it as a proposal, not paperwork. Choose example projects that match the announced criteria closely, and explain your firm’s role in each. Show that the people who will actually do the work have done similar work, and make the organization chart and the resumes agree. Many announcements ask for a specific number of example projects or set page limits; follow them exactly.
Part II of the form, which describes a firm’s general qualifications, can be kept current and submitted to agencies so they have your information on file. Updating it once a year is a sensible habit.
A few points to remember
The law sets a statutory limit on fees for certain design work, which the FAR describes. Agencies often award indefinite-delivery A-E contracts and then issue task orders, so being selected for an A-E contract may be the start of a long relationship. And because selections turn on qualifications, every completed project, positive performance evaluation and well-documented capability strengthens your position for the next announcement. The current rules are in FAR Part 36 at acquisition.gov.