The Brooks A&E Act National Oceanic & Atmospheric Administration Acquisition & Grants Office
January 24, 2006
Acquisition of Surveying and Mapping
A&E – Statute and Regulation
Methodology
Government -Industry Relations
The 2005 Review
Common Ground
A&E – Statute and Regulation
Unique acquisition procedure -Subpart 36.6 of the FAR
Selection based on qualifications
Price negotiated after selection
Mandated by statute -Brooks Architect-Engineers Act of 1972
Significant amendments in 1988
Public Works Act of 1939 -Changes from World War II buildup
Comptroller General Report of 1967
Brooks Architect Engineers Act 40 U.S.C.§1101 Definitions of A&E Services
professional services of an architectural or engineering nature, as defined by state law, if applicable, that are required to be performed or approved by a person licensed, registered, or certified to provide the services described in this paragraph;
(B) professional services of an architectural or engineering nature performed by contract that are associated with research, planning, development, design, construction, alteration, or repair of real property; and
(C) other professional services of an architectural or engineering nature, or incidental services, which members of the architectural and engineering professions (and individuals in their employ) may logically or justifiably perform, including studies, investigations, surveying and mapping, tests, evaluations, consultations, comprehensive planning, program management, conceptual designs, plans and specifications, value engineering, construction phase services, soils engineering, drawing reviews, preparation of operation and maintenance manuals, and other related services.
Brooks Architect Engineers Act Federal Acquisition Regulation Subpart 2.1 Definitions of A&E Services
Professional services of an architectural or engineering nature, as defined by state law, if applicable, that are required to be performed or approved by a person licensed, registered, or certified to provide those services;
Professional services of an architectural or engineering nature performed by contract that are associated with research, planning, development, design, construction, alteration, or repair of real property; and
Those other professional services of an architectural or engineering nature, or incidental services, that members of the architectural and engineering professions (and individuals in their employ) may logically or justifiably perform, including studies, investigations, surveying and mapping, tests, evaluations, consultations, comprehensive planning, program management, conceptual designs, plans and specifications, value engineering, construction phase services, soils engineering, drawing reviews, preparation of operation and maintenance manuals, and other related services.
Brooks Architect Engineers Act Federal Acquisition Regulation Subpart 36.6 Implementation Definitions of A&E Services
Professional services of an architectural or engineering nature, as defined by state law, which the State law requires to be performed or approved by a registered architect or engineer.
Professional services of an architectural or engineering nature associated with design or construction or real property.
Other professional services of an architectural or engineering nature, or services incidental thereto (including studies, investigations, surveying and mapping, tests, evaluations, consultations, comprehensive planning, program management, conceptual designs, plans and specifications, value engineering, construction phase services, soils engineering, drawing reviews, preparation of operating and maintenance manuals and other related services) that logically or justifiably require performance by registered architects or engineers or their employees.
Professional surveying and mapping services of an architectural or engineering nature. Surveying is considered to be an architectural and engineering service and shall be procured pursuant to section 36.601 from registered surveyors or architects and engineers. Mapping associated with the research, planning, development, design, construction, or alteration of real property is considered to be an architectural and engineering service and is to be procured pursuant to section 36.601. However, mapping services that are not connected to traditionally understood or accepted architectural and engineering activities, are not incidental to such architectural and engineering activities or have not in themselves traditionally been considered architectural and engineering services shall be procured pursuant to provisions in Parts 13, 14, and 15.
Methodology
Acquisition of A&E takes 240 -360 days
Pricing is by analysis
Acquisition of non A&E takes 60 -120 days
Pricing is by competition
Quality is unchanged between A&E and Non A&E
How Did we Get Here?
1789 Constitution, Article 8
1795 Purveyor of Public Affairs Act
1861 Civil Sundry Appropriations Act
1947 Armed Services Procurement Act
1949 Federal Property & Admin. Services Act
1974 Office of Federal Procurement Policy Act
1985 Competition in Contracting Act
1994 Federal Acquisition Streamlining Act
1996 Federal Acquisition Reform Act (Clinger-Cohen)
Federal Acquisition System
The vision for the Federal Acquisition System is to deliver on a timely basis the best value product or service to the customer, while maintaining the public’ s trust and fulfilling public policy objectives.
All participants in the System are responsible for making acquisition decisions that deliver the best value product or service to the customer. Best value must be viewed from a broad perspective and is achieved by balancing the many competing interests in the System. The result is a system which works better and costs less.
Federal Acquisition System Goals
Satisfy the customer in terms of cost, quality, and timeliness of the delivered product or service by
Maximizing the use of commercial products and services;
Using contractors who have a track record of successful past performance or who demonstrate a current superior capability to perform; and
Promoting competition
Minimize administrative operating costs;
Conduct business with integrity, fairness, and openness;
Fulfill public policy objectives
Government -Industry Relations Have Improved
Industries that do business with the federal Government moved beyond adversarial relations with the passage of the Competition in Contracting Act in 1984.
They embraced business partnerships with the passage of the Federal Acquisition Streamlining Act of 1994.
COFPAES
Council on Federal Procurement of Architectural & Engineering Services
Proponent of Brooks A&E Act and Maintenance of FAR Subpart 36.6
The 2005 Review of A&E
Conducted by the Defense Acquisition Regulations Council and the Civilian Agency Acquisition Council