By John Boling
On July 20, 2022, IIBEC’s advocacy on behalf of consultant members was rewarded when the US House of Representatives passed legislation that included IIBEC-backed language ensuring the General Services Administration’s (GSA) commitment to qualifications-based selection (QBS) of architects, engineers, and design professionals.
Specifically, H.R. 8294, a bill making appropriations for certain federal agencies, including the General Services Administration, for Fiscal Year 2023 includes a provision stating:
None of the funds made available in this Act may be used by the General Services Administration to award or facilitate the award of any contract for the provision of architectural, engineering, and related services in a manner inconsistent with the procedures in chapter 11 of title 40, United States Code, and subpart 36.6 of title 48, Code of Federal Regulations.
The law cited in the legislative text refers to the Brooks Act, which mandates the use of QBS for the selection of architecture, engineering, and design services for public projects. IIBEC, along with our coalition partners at the Council on Federal Procurement of Architectural and Engineering Services (COFPAES), has long argued that the GSA could do more to ensure QBS is strictly adhered to, especially on the schedules.
Brian Pallasch, chief executive officer and executive vice president of IIBEC, said, “We have worked with GSA to address the problem of the Federal Supply Schedule not adhering to QBS for the procurement of A/E services, and we are hopeful that this bill language will encourage GSA to finally address our concerns.
“Congressman David Price (D–NC) has been a stalwart supporter of our efforts, and he understands that using QBS is about spending tax dollars wisely and protecting the safety and health of the public. It is fitting that in his final year in Congress we have been able to secure bill language reinforcing that.”
The next step for the spending bill is to be merged with the Senate’s version before being presented to President Biden for his signature. While the Senate is not expected to complete any of its 12 spending bills before the November elections, when they do finally start negotiating with the House on a final spending package, IIBEC will work to ensure that the bill language approved by the House remains in the final bill. IIBEC will also work with our coalition partners to push GSA to fully address our concerns and protect our members and taxpayers.
