By John Boling
On August 17, 2022, the Council on Federal Procurement of Architectural & Engineering Services (COFPAES) cited legislative language IIBEC secured in a fiscal year (FY) 2023 appropriations bill to call on the General Services Administration (GSA) to take specific actions to protect the qualifications-based selection (QBS) process. IIBEC is a member of COFPAES and helped coordinate the effort.
As previously reported, IIBEC was able to secure language in the 2023 spending bill that provides annual funding to the General Services Administration (H.R. 8294) directing the agency to ensure that future procurement contracts do not violate the Brooks Act—commonly known as the QBS process for architecture, engineering, and related services.
Brian Pallasch, chief executive officer and executive vice president of IIBEC, stated, “The QBS process has been found to reduce overall costs of projects, and equally as important, it ensures that the public’s health and safety is protected. It is the cornerstone upon which the design profession has been doing business with the federal government for nearly 50 years.”
IIBEC, along with the other members of COFPAES, has long been concerned that GSA Schedule contracts (also referred to as Multiple Award Schedule [MAS] and Federal Supply Schedule [FSS]) include architecture, engineering, and related services (A&E) that fall within the definition of A&E design services in the Brooks Act and the Federal Acquisition Regulation [FAR]. Including A&E services in the schedules allows those companies to sidestep QBS and is in conflict with law by focusing on price and not qualifications.
The letter calls on GSA Administrator Robin Carnahan to review the schedules to ensure that any contract that provides an opportunity for government agencies to acquire A&E design services based on price—rather than through the QBS process required by the Brooks Act and FAR—be revised to prohibit such use and to ensure full compliance with the law and regulation. COFPAES and its members will be monitoring GSA to determine if they are complying with the Congressional intent and will offer assistance if requested.
As noted in IIBEC’s policy statement on the issue, “QBS is essential to fostering fair and impartial purchasing of BEC [building enclosure consultant] services that impact public health and safety in the built environment. Preserving the health, safety, and welfare of the public is a moral, ethical, and legal requirement for a procurement agency as well as for BEC professionals. IIBEC supports enforcement of federal, state, provincial, and local laws that mandate professionals be selected via QBS. Privately funded projects that are not subject to the procurement requirements of government agencies, or that do not utilize taxpayer funds, would also benefit from QBS for procuring professional BEC services.”
Why should you advertise with IIBEC?
