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I know that under Brooks Act the agency must make a selection without consideration of fee, but are agencies allowed to evaluate hours by task and employee as part of their selection? It's seems like this would go against Brooks Act, since the agency can rate offerors with the lowest hours higher. Similarly, they could identify senior versus mid-level employees to further estimate which would offeror would most likely cost less to rate that offeror more favorably.
Answer
Evaluating the hours and the employee categories by task is a necessary part of the technical evaluations of Architect-Engineer proposals. Doing so provides the Government with insight into a firm's understanding of the Government's requirements and the firm's capabilities to address them. It's up to Government evaluators to comply with the intent of the Brooks Act and analyze technical proposals only with an eye towards technical qualifications, and not price considerations.
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