What Is the Brooks Act?
The Brooks Act is the federal law that makes agencies pick architect-engineer firms on qualifications, then negotiate a fair price with the best-qualified firm, instead of choosing on price.
Brooks Act in plain English
It's also called qualifications-based selection. The agency announces the work, ranks firms on competence and qualifications from their SF 330s, and negotiates with the top firm. It applies to architect-engineer services, such as building design and engineering studies.
Because price comes last, your past projects and your team carry the whole first round. A weak SF 330 can't be saved by a low fee.
Example: three engineering firms are ranked for a bridge inspection contract. The agency negotiates only with the first. If they can't agree on a fair fee, it ends those talks and starts with the second.
Related terms
- A/E (architect-engineer) services: Architect-engineer (A/E) services are design and engineering work, such as building design, surveying and engineering studies. Agencies choose A/E firms on qualifications first and negotiate the price after.
- SF 330 (Architect-Engineer Qualifications): The SF 330 is the standard government form architect-engineer firms use to show their qualifications for a federal design or engineering contract. It replaces a price proposal in the first round.
- Contracting officer: A contracting officer is the government official with authority to enter into, manage and end contracts. Only a contracting officer can bind the agency.
Put it to work
Looking for another term? Browse the full glossary or the government contracting glossary guide.
Cyrus Hakimi writes and edits these definitions, using AI tools to help research and draft them, from the FAR, SBA rules and SAM.gov documentation. They're general information, not legal advice. Rules and thresholds change, so confirm the numbers on the official source before you act.