Interviews under Brooks Act

[medwar]

We have an A/E procurement under the Brooks Act, and our contracting team says interviews are mandatory. I've spoken with another contracting team that says that is not true. Can someone point me to the good word under the FAR? 

Thank you!

[ji20874]

Read FAR Subpart 36.6.

Note that the proper term is discussions, not interviews.  Further note that these discussions are not discussions as that term is used in FAR Subpart 15.3.

[joel hoffman]

18 hours ago, ji20874 said:

Read FAR Subpart 36.6.

Note that the proper term is discussions, not interviews.  Further note that these discussions are not discussions as that term is used in FAR Subpart 15.3.

See FAR 36.602-1(c) and 36.602- 3(c).

Note that the USACE (US Army Corps of Engineers) refers to these discussions as “interviews” in Engineer Pamphlet 715-1-7, ARCHITECT-ENGINEER CONTRACTING IN USACE. I believe that was to avoid confusion with the discussion procedures in FAR 15.3. That may be why medwar’s office refers to the process as “interviews”.

ji is correct that these “discussions” aren’t those discussions described in FAR Subpart 15.3. 

Here is the relative guidance in Chapter 3, paragraph 3.10 “Selection Board”:

“a. General. The functions of a selection board are described in FAR 36.602-3. A selection board evaluates the highly qualified firms identified by the preselection board and recommends at least three firms considered as most highly qualified, in order of preference. If a preselection board was not held, then the initial phase of the selection board will be conducted and documented similar to a preselection board.

b. Review of Preselection Report. If a selection board considers the preselection board report inadequate, then it will document the reasons and return the report to the preselection board for appropriate action. A selection board need not return the preselection report because it considers some of the firms to be less than highly qualified, provided a sufficient number of highly qualified firms remain.

c. Determination of Most Highly Qualified Firms. All members must personally evaluate the SFs 330 of all of the highly qualified firms. The firms that demonstrate higher aggregate qualifications relevant to the primary selection criteria are considered to be the most highly qualified firms. Secondary selection criteria will not be considered prior to the interviews in determining which firms are most highly qualified. At least three most highly qualified firms must be recommended if a single contract will be awarded. If more than one contract will be awarded from the same synopsis, then sufficient firms must be recommended to ensure that at least two most highly qualified firms remain “in reserve” when negotiations commence on the final contract.

d. Interviews.

(1) Interviews (discussions) will be held with all of the most highly qualified firms as required by FAR 36.602-3(c). All firms will be interviewed by the same method (telephone, video teleconference, or in person). For a routine project, at least one member will conduct the interview. For a major project, the majority of the members will conduct the interview. For a very significant project, presentations by the firms are recommended, which should be attended by all members in accordance with FAR 15.102. Firms will be given sufficient advance notice to allow responsible representatives to participate in the interviews or presentations.

If the selection board cannot recommend at least three most highly qualified firms as required by the Brooks A-E Act, then the scope of the contract should be revised to increase competition and again synopsize the contract.

(2) All firms will be asked similar questions about their experience, capabilities, capacity, organization, management, quality control procedures, and approach for the project, as appropriate. All questions must relate to the announced selection criteria. Information obtained from an interview that influenced the final ranking will be documented in the selection report.”

[medwar]

Thank you both. I appreciate the help.

[Vern Edwards]

On 12/13/2022 at 1:30 PM, medwar said:

We have an A/E procurement under the Brooks Act, and our contracting team says interviews are mandatory. I've spoken with another contracting team that says that is not true. Can someone point me to the good word under the FAR? 

See 40 USC § 1103(c). An agency shall "conduct discussions" with at least three firms. "The agency head shall conduct discussions with at least 3 firms to consider anticipated concepts and compare alternative methods for furnishing services."

According to FAR 36.602-3(d), an A-E selection selection board "shall" hold "discussions... regarding concepts and the relative utility of alternative methods of furnishing the required services."

Neither the statute nor the FAR mentions "interviews."

The rules about discussions in FAR 15.306 do not apply to A-E selections.  See Accura Engineering and Consulting Services, Inc., B-420854, October 12, 2022.

[joel hoffman]

1 hour ago, Vern Edwards said:

According to FAR 36.602-3(d), an A-E selection selection board "shall" hold "discussions... regarding concepts and the relative utility of alternative methods of furnishing the required services."

Note that FAR 36.602-3(d) refers to the selection report for the selection authority, including a “description of the discussions and evaluation conducted by the board to allow the selection authority to review the considerations upon which the recommendations are based.”

FAR 36.602-1(c) and 36.602- 3(c) require discussions with at least three of the most highly qualified firms…