[Congressional Record Volume 148, Number 148 (Friday, November 15, 2002)]
[Extensions of Remarks]
[Pages E2082-E2083]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         CELEBRATING 30 YEARS OF QUALITY IN FEDERAL PROCUREMENT

                                 ______
                                 

                             HON. TOM DAVIS

                              of virginia

                    in the house of representatives

                      Thursday, November 14, 2002

  Mr. TOM DAVIS of Virginia. Mr. Speaker, on Sunday, October 27, a 
milestone in Federal procurement was observed. That day marked the 30th 
anniversary of President Nixon's signing of the ``Brooks Act'' 
qualifications based selection (QBS) process into law as Public Law 92-
582.
  This law, which prescribes the process by which Federal agencies 
select contractors for architecture, engineering and related services 
(``A/E services''), is codified in 40 USC 541 et. sq. for civilian 
agencies and, by reference, also applies to military agencies (10 USC 
2855). Regulations implementing the law are found in part 36 of the 
Federal Acquisition Regulations.
  Named for its sponsor, our respected former colleague, the Honorable 
Jack Brooks of Texas, the Brooks Act provides for selection of firms 
for A/E services on the basis of demonstrated competence and 
qualifications, with negotiation of a fee that is fair and reasonable 
to the government.
  Agencies publicly announce their requirements for A/E services, firms 
submit their qualifications (including resumes of personnel, past 
performance, experience and background), agencies review the competing 
firms' qualifications, a short list of most qualified firms is 
established and agencies conduct interviews, and the most qualified 
firm is selected for specific contract negotiations of the precise 
scope of services to be performed and negotiation of a fee that is 
``fair and reasonable to the government'' based on the government's own 
estimate of the project cost.
  QBS has been a trendsetter. When it was enacted in 1972, the QBS law 
was a radical exception to the government's overwhelming reliance on 
awarding contracts based on the lowest bidder. Indeed, QBS was a 
precursor to the trend that came in the 1990s to migrate from lowest 
bid to best value procurement. Moreover, contractors' past performance 
is a major factor in the evaluation and selection process--again 
something used in A/E contracting since 1972, but which became 
commonplace in other areas of Federal procurement in the 1990s.
  The Federal government annually spends billions of dollars on 
construction of facilities and has capital assets of hundreds of 
billions. This investment is highly dependent on A/E services for 
feasibility studies, design, operation and maintenance. It has been 
said that A/E services accounts for less than 1/10th of 1 percent of 
the life-cycle cost of a facility, but the quality of the A/E services 
performed determine what the life cycle cost will be.
  The wisdom of Congress in passing, and President Nixon in signing, 
the ``Brooks Act'', and of Congress in preserving this law for the past 
30 years, has provide the American public with quality, cost effective 
and efficient A/E services on projects that stand the test of time.
  The wisdom of the law is also demonstrated by the degree to which it 
has been emulated. The QBS process is included in the Model

[[Page E2083]]

Procurement Code for State and Local Government written, published, 
endorsed and advocated by the American Bar Association, and the process 
has been enacted in ``min-Brooks Act'' statutes by more than 30 State 
Legislatures. As a local government official, I can personally attest 
to the value of this process in projects ranging from design of schools 
to hazardous waste site remediation, from water and wastewater 
facilities to geographic information systems (GIS) for growth 
management and transportation planning.
  Today, Americans have the cleanest water, the safest and most 
attractive and functional public buildings, the most accurate maps, the 
safest roads, and many other aspects of the quality of life and our 
built environment because of the work of professional architects, 
engineers, surveyors and mappers who have worked on Brooks Act 
contracts. It is improtant that Congress pause at this moment to 
reflect on the success of this law. It has provided enormous benefits 
and effectiveness, and paid huge dividends to the taxpayers of our 
Nation.
  Mr. Speaker, the Brooks Act has enjoyed wide bipartisan support over 
the years. This is a law that works. I congratulate our Nation's 
architects, engineers, surveyors and mapping professionals who have 
completed millions of dollars worth of projects as contractors to 
government agencies, as well as the dedicated public servants in the 
design professions who have been responsible for awarding these 
contracts and performing the inherently governmental responsibilities 
for oversight of that work. The Brooks Act fosters a true public-
private partnership that should stand as a model for how government and 
the private sector can work together to build a better America.

                          ____________________