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  • Question

    Are Architecture and Engineering (A&E) requirements as prescribed under FAR 36.6 and the Brooks Act, subject to the set-aside restrictions as described under the Small Business Act and FAR part 19, specifically 19.203(c), as I'm being told by my local Small Business Office?


    Answer

    Looking at your background, you have another issue. According to the Brooks act you are to award A/E contracts to the most "Qualified Offeror".  You will evaluate each offereor and rank them. You will negotiate with the your  number 1 and you can't come up with aggreement then you can move down the list. 
    I see that you are planning on awarding 3 IDIQ contracts with this one solicitation.  You cannot do this.  How can you have 3 Most qualified offerors here for the same work to be done. According to the Brooks act it should be the 1 most qualified offeror. 

    Architect-engineer contracts may* be set-aside for:
    * Small Businesses
    * Section 8(a) businesses
    * HUBZone Small Businesses
    * Service Disabled Veteran-Owned Small Businesses
    * Women Owned Small Business
    (*New Rule as of May 2011 See FAR 19.203)

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