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  • Question

    Do I follow the Brooks Act for competition among GSA Contractors/schedule What type of vehicle will I award agains the GSA Contract Schedule


    Answer

    For either GSA schedule or in house multiple award IDIQ type contracts,  you have only completed part of the required competition. In Architect-Engineer Contracting, we must always identify the best qualified firm before negotiating price. 

    The term "best qualified"  is often mis-understood.  This term means that this one firm has a unique set of skills that are matched to the specific design requirement that the government is interested in purchasing.  When we are awarding a design services contract as a stand alone  we use the full Brooks Act proceedures. 

    In the case of a MATOC, IDIQ or other schedule mechanism, the initial government-contractor selection process completed some of the requirements for competition against a generic SOW. 

    However, now there is a very specific design requirement and the government must 1) establish that this specific requirement fits within the general scope of the IDIQ contrac; and then 2)finish the Brooks Act competition requirements  in order to select the "best qualified" firm.

    Failure to complete the second step violates the Brooks Act.


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