Under the 1972 Brooks Act, contracts for architecture and engineering services that are directly related to a construction project and that utilize federal funding must foster open competition. This is achieved by advertising, ranking, selecting, and negotiating contracts based on demonstrated competence and qualifications for the specific engineering and design services being procured, all while ensuring a fair and reasonable price.
Current FHWA procurement regulations outline a process known as QBS for acquiring professional
engineering services. This well-established method prioritizes the qualifications and competence of the
firm over the cost during the initial selection phase. QBS looks to a firm’s track record, expertise,
specialized abilities, creativity, and demonstrated project delivery success specifically and uniquely
relevant to the project for which these services will be provided. FHWA’s proposed rule would eliminate
the requirement to use the QBS method for projects awarded directly to a non-STA (e.g., local or
municipal agency). QBS would only apply to an STA or its subrecipient.
Read ARTBA's comments on the proposed rule.