All architect and engineering projects procured by the federal government using federal funds must be procured in accordance with qualifications-based selection procedures detailed in Federal Acquisition Regulations Part 36.6. However, when a mix of federal and state and/or local funds is used to fund an infrastructure project, the rules governing QBS become less clear. Following is an overview of major Federal grant programs and the regulations governing the selection of engineering services. Under streamlined acquisition procedures, contracts under $100,000 are not required to be procured using Brooks Act procedures.
| Environmental Protection Agency |
EPA's Code of Federal Regulations (CFR) 40, 31.36 allows for grantees to use of qualifications based selection for a/e services though it does not mandate that grantees use QBS. This includes all state revolving fund programs, Brownfield programs and special development corporations established through EPA grants. |
| Housing and Urban Development |
24 CFR 85.36 allows for grantees to use qualifications-based procurement for a/e services though it does not mandate that grantees use QBS. This includes programs for Housing Development Authorities and Community Development Block Grants. |
| Federal Highway Administration |
States are required to follow the Brooks Act (QBS) if federal funding is used for specified activities, including program management, construction management, feasibility studies, preliminary engineering, design, engineering, surveying, mapping, or architectural related services.
State DOTs are not required to use QBS if they use state funding for engineering work, even if federal dollars are used for other portions of the project.
Section 307 of the National Highway System Designation Act of 1995 requires states to follow the standard Federal Acquisition Regulations, including QBS. Section 174 of the 2006 Transportation Appropriations Act requires that contracts funded in whole or in part with Federal-aid highway funds shall be performed and audited in compliance with the FAR. Two states (Minnesota and West Virginia) were exempted.
http://www.fhwa.dot.gov/programadmin/consultant.html |
| Federal Transit Administration |
QBS is required on all a/e service contracts.
http://www.fta.dot.gov/funding/thirdpartyprocurement/bppm/grants_financing_6189.html#BM6_5 |
| Federal Aviation Administration |
QBS is required on all a/e service contracts funded in whole or in part with Airport Improvement Program funds, but not for projects funded solely with Passenger Facility Charge funds collected by airports.
http://www.faa.gov/documentLibrary/media/advisory_circular/150-5100-14D/150_5100_14d.pdf |
| Federal Emergency Management Agency |
All a/e contracts made directly with FEMA are required to be procured using QBS. However, any state that receives a grant from FEMA must have its procurement process approved. For professional engineering services, this requires proof that the state has a QBS law. FEMA reserves the right to disapprove a grant if QBS is not properly followed. 44 CFR 13.36 |
| Department of Interior |
All a/e contracts procured directly with the Department of Interior or one of its agencies must be procured using QBS. Grant programs to state, local and tribal entities are governed by the following rules:
Bureau of Reclamation, the Bureau of Land Management and the Utah Reclamation Mitigation and Conservation Commission are governed by 43 CFR 12.76 which allows grantees to procure using QBS but does not mandate its use.
The Bureau of Indian Affairs mandates that all a/e contracts made directly with BIA are to be procured using QBS. However, tribal governments may use their own procurement procedures under guidelines spelled out in 25 CFR 276.12.
The Forest Service and the National Park Service are governed by 36 CFR. All programs funded through these agencies must adhere to QBS procedures.
The US Geological Survey requires that all directly funded projects and grant programs follow Federal Acquisition Regulations, which includes QBS. This is detailed in 30 CFR 402.12 |
| Department of Defense |
All a/e contracts made directly with DOD are to be procured using QBS. This includes work for NAVFAC, the Air Force, the Corps of Engineers military construction program and the National Guard. However, any grant recipients may use QBS thought it is not mandatory. This is detailed in 32 CFR 33.36. |
| General Services Administration - Public Buildings Service |
QBS is required when procuring a/e services |
| Department of Agriculture |
All contracts directly with the Department of Agriculture must be procured using QBS. However, the following applies to USDA grant programs:
Rural Utility Service (Water and Waste): 7 CFR 1780.39(b) requires that engineering and architectural services be procured using qualifications based selection.
Rural Utility Service (Telecommunications) 7 CFR 1753 does not require grantees to procure using QBS.
Rural Utility Service (Electric System Construction) 7 CFR 1726 does not require grantees to use QBS.
Natural Resource Conservation Service requires QBS to be used all projects that are directly funded. However, 7 CFR 3016.36 does not specify that states must use QBS. |
