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ACEC News / Advocacy

February 7, 2020

ACEC Notches Wins in Challenges to NAVFAC Solicitations

By Dan Hilton

This week, ACEC was successful in challenging two Naval Facilities Engineering Command (NAVFAC) solicitations requiring pricing for the procurement of engineering services rather than qualification-based selection, a clear violation of the Brooks Act.

Several ACEC member firms had raised questions concerning NAVFAC’s incorrect use of the NAICS Code 541330 – Engineering Services, for these solicitations. A further ACEC review of the scopes of work in the solicitations showed that engineering services, as defined in FAR Subpart 36.6, were not required and in fact environmental consulting services were called for.

As ACEC noted to NAVFAC, continuing this procurement under the wrong NAICS Code causes confusion and inefficiency and could set a dangerous precedent of including price as a selection factor for engineering services. This could also jeopardize public safety and project performance on future contracts that may include such services.  Following ACEC’s intervention, NAVFAC decided to change the NAICS Code to 541620 – Environmental Consulting Services, and is issuing updated amendments to reflect this change in the solicitations.

Dan Hilton is ACEC Director Procurement Advocacy and International Affairs

 


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