Study on Procurement of Architectural and Engineering Services for Public Works: Case for Qualifications-Based Selection

The findings of a recent study on the procurement of professional architectural and engineering (A/E) services in New York City are outlined in an attempt to evaluate some of the claims put forward by proponents and opponents of qualifications-based selection (QBS) of such services. QBS is a federally mandated requirement enacted by the U.S. Congress in 1972, in recognition of the need for improvements in the way in which professional A/E services are procured. The law, commonly referred to as the "Brooks Act," requires that architects and engineers be selected on the basis of their professional qualifications and subject to negotiation of a fair and reasonable compensation of such services. New York State is one of the states that adopted QBS (a total of 41 states had adopted it as of the end of 2001); but the New York State law does not cover local jurisdictions, and New York City continues to use competitive pricing as its primary method of selecting A/E contractors, citing the numerous advantages of the current system as well as the disadvantages of the proposed QBS method. The present study was based on past literature as well as recently procured projects in New York City (1997 to 1999), as presented by the New York City Mayor’s Office of Contracts during a public hearing on QBS (December 1999).