The Brooks Act establishes qualifications-based selection procedures for certain federal architecture and engineering contracts.
Definition
The Brooks Act is a United States federal law that establishes a qualifications-based process for selecting providers of certain architecture and engineering services for federal agencies. Under the process, agencies evaluate and rank firms based on professional qualifications, then negotiate compensation with the most qualified firm. If negotiations do not result in a satisfactory agreement, the agency proceeds under the applicable process to the next firm. For civil engineering owners, the framework helps explain why qualifications, relevant project experience, and staff credentials are central to certain federal pursuits. The law does not govern every engineering procurement, and state or local rules, funding conditions, agency procedures, and solicitation instructions may differ. It is not a guarantee of award or a rule that fees never matter; compensation is negotiated after ranking in covered selections. The federal implementation is reflected in FAR Part 36, and firms should read the solicitation to understand the specific submission and evaluation requirements.
How owners use it
- Identify whether a federal opportunity is covered by qualifications-based selection procedures.
- Match project examples and staff credentials to the stated evaluation factors.
- Example: A firm ranked first among 4 shortlisted teams proceeds to fee negotiation; the ranking alone does not establish a contract fee.
- Distinguish federal QBS pursuits from procurements that request price as part of initial evaluation.
