Loul Posted February 5, 2013 Report Share Posted February 5, 2013 When the FAA went from the FAR to their new AMS regulations, the 1996 DOT Appropriations Act exempted the FAA from some Federal Laws and Regulations, amoung them the Brooks Automatic Data Processing Act. However, now the FAA is saying that they are also exempt from the Brooks Act for Architecture and Engineering contracts. However, I am unable to find any Act, regulation or other documentation exempting them from following the Brooks Act and Qualifications-Based Selection (QBS) when solicitating Architecture & Engineering services. I did find a requirement that the FAA is required to follow the Brooks Act for A&E contracts funded by grants and Airport Improivement Funds, but nothing for direct FAA contracts funded with appropriated dollars. Does anyone in the group know of where the FAA waiver from having to use the Brooks Act for A&E contracting lies? I appreciate the help. Thank you Link to comment Share on other sites More sharing options...
ji20874 Posted February 5, 2013 Report Share Posted February 5, 2013 The FAA's procurement guidance at T3.8.2 Service Contracting, 18 : Architect-Engineer Services, looks to me like it follows the Brooks Act. Link to comment Share on other sites More sharing options...
Guest Vern Edwards Posted February 5, 2013 Report Share Posted February 5, 2013 loul: Who, exactly, told you that the Brooks Act concerning architect-engineer contracts (40 U.S.C. 1101 et seq.) does not apply to FAA? Who in the FAA told you that? Did you ask them for a reference to statute or regulation? 49 U.S.C. 40110(d)(2) lists the acquisition laws that do not apply to the FAA, and I see no mention of 40 U.S.C. 1101 or of anything that obviously covers it. Link to comment Share on other sites More sharing options...
Loul Posted February 6, 2013 Author Report Share Posted February 6, 2013 That you both for your response. The comment was made by a Contracting Officer, I do not know who specifically as it was made to a member of an organization of which I am a member. The comment we received was simply that the legistation authorizing the FAA AMS relieved us of the requirement to follow the Brooks Act. We felt that this was not the case, and after reviewing the appropriate legistation, felt the FAA was wrong. We do intend to go back and ask for the reference, but before we did, we just wanted to make sure we had not missed something that would have made us look foolish or misinformed. Again, I thank you both for your answers and useful information. Link to comment Share on other sites More sharing options...
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