Laws Related to Architect-Engineer (A-E) Services
Laws
Some of the laws which pertain to architect-engineer contracting are as follows:
- The Brooks Act (Public Law 92-582)
- Title 10 U.S.C. Section 2807 (Notification to Congress)
- Title 10 U.S.C. Section 2855 (Set-asides)
- Title 41 U.S.C. Section 254 (6% Statutory Fee Limitation)
The Brooks Act
The Brooks Act provides the policy and procedures for awarding architect-engineer contracts for the Federal Government. The Brooks Act requires:
- Public announcement of for all architectural and engineering services
- Firms submit qualifications statements annually
- Firms selection based on demonstrated competence and qualifications
- Discussion with and a ranking of at least three firms in order of preference
- Negotiation with the highest qualified firm
- If a satisfactory agreement cannot be reached with firm number one, negotiate with firm number two in descending order until agreement
- Negotiate contracts for fair and reasonable prices
The Brooks Act procedures require A-E services must be performed by a "professional architect-engineer firm." A firm is considered a "professional architect-engineer firm" if, according to the Brooks Act:
- It is an individual, firm, partnership, corporation, association, or other legal entity (and),
- It is permitted by law to practice the professions of architecture or engineering.
In order for a firm, or individual, to be permitted by law to practice the profession of architecture or engineering, it must be:
- "Licensed" by the state in which it is practicing, or
- A registered professional in the state that they are practicing, or
- Practicing in a state which recognizes the professional registration of another state.
Title 10 U.S.C. Section 2807
This law requires a notification to Congress before awarding certain architect-engineer contracts.
Title 10 U.S.C. Section 2855
This law concerns small business set-asides for certain architect- engineer contracts.
Title 41 U.S.C. Section 254
This law addresses the award of contracts using procedures other than sealed-bid procedures. The law also addresses barred contracts; fee limitations and advance notification. The 6% statutory fee limitation on architect-engineer contracts is contained in this law.