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The following comments are submitted on behalf of the American Council of Engineering Companies (ACEC) – the business voice of the U.S. engineering industry. Founded in 1906, ACEC is a national federation of fifty-one state and regional organizations representing nearly 5,500 engineering companies and nearly 600,000 engineers, surveyors, architects, and other specialists nationwide. 85% of our member companies have one hundred employees or fewer and 74% of our member companies have fifty employees or fewer. ACEC member companies drive the design of America’s infrastructure and built environment.
ACEC is pleased to provide input and seek clarifications on the proposed rule Increasing Small Business Participation on Multiple Award Contracts by the Small Business Administration (SBA) as published in the Federal Register on Friday, October 25, 2024. The proposed rule would revise sections of SBA’s regulations (13 CFR Part 125) to apply the “rule of two” to multiple-award contract task and delivery orders. As an association with many small businesses and other than small businesses working under multiple award contracts, we do not express support or opposition to the proposed rule. Rather, we seek to point out inconsistencies and clarifications necessary to avoid potential unintended consequences if the rule were to be finalized in the current form.
“Rule of Two” is Inconsistent with Architectural and Engineering (A/E) Services Procurement Laws and Regulations
ACEC recognizes the intent of the “rule of two” is to increase the use of small businesses. Federal Acquisition Regulation (FAR) subpart 36.6 and 40 U.S.C. chapter 11 (commonly known as the Brooks Architect Engineer Act or Brooks Act) require at least three most highly qualified offerors be identified in order to select one to proceed with the work…Continue Reading