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Outside of an acquisition following Brooks Act procedures (40 U.S.C. 1101-1104), is there a permissible method for contracting for service contractors to perform on-site engineering reviews, construction phase inspections, preparation &/or review of As-Built drawings, or similar services? I view these items as “services of an architectural or engineering nature, or incidental services, that members of the architectural and engineering professions (and individuals in their employ) may logically or justifiably perform, including studies, investigations, surveying and mapping, tests, evaluations, consultations, comprehensive planning, program management, conceptual designs, plans and specifications, value engineering, construction phase services, soils engineering, drawing reviews, preparation of operating and maintenance manuals, and other related services." FAR 2.101; 40 U.S.C 1102(2)(C ). Accordingly, it is my position that they must be procured by qualifications based selection under the Brooks Act, FAR 36.602-1 and applicable agency FAR supplements. That said, I’ve noted some single award Indefinite-Delivery/Indefinite-Quantity Contracts (IDIQs) for services (that it has been suggested I use) where “engineering technicians” and “design & construction project managers” are acquired for in-house/on-site support via IDIQ Task Orders. On making inquiries with the PCOs for these contracts, they have acknowledged to me that their IDIQs were either competed under FAR 15, or were direct awards under the 8(a) program. Under both scenarios, I am also of the understanding that specific selection criteria from FAR 36.6 were not utilized, even in the case of the FAR 15 procurement’s tradeoff analysis. Additionally, if engineering related services are acquired to provide on-site government support (but not through the statutory authorization of the Brooks Act), does the government convert an otherwise authorized service acquisition into a contract for personal services under FAR 37.104? Any thoughts would be appreciated.
