Resource
On October 19, 2026, ACEC submitted consolidated comments to four proposed rules as part of the Administration’s overhaul of the Federal Acquisition Regulation (FAR).
We praised the FAR Council for adopting several of our recommendations from 2025, but raised concerns over critical gaps that could weaken QBS. Our comments make four points. First, Brooks Act selection criteria belong in the FAR itself to ensure consistent application across the agencies. Second, the rule should clearly define when A/E services are dominant, ensuring that QBS applies in the procurement. Third, award transparency and debriefings should be required, not optional. Finally, Other Transaction Authority (OTA), especially in military infrastructure, must remain the exception, not the norm, even as collaborative delivery methods expand.
Taken together, these recommendations, along with other clarifications around other FAR references, maintain trust and certainty in the procurement process. QBS is federal law, not just acquisition policy, and federal law has not changed.