Architect-Engineering Firm Wins GAO Protest Alleging Misevaluation of Qualification Statements under $2 Billion Brooks Act Procurement
Client Alert | 1 min read | 12.11.20
Government procurements for architect-engineering services do not follow the typical Federal Acquisition Regulations (FAR) rules applied to the purchase of other goods and services. Instead, these services are procured under the authority of the Brooks Act, according to special procedures designed to identify the most qualified firms; specifically, the Two-Phase Design-Build Selection Procedures set forth in FAR subpart 36.3, and Architect-Engineer Services Contract Procedures set forth in FAR subpart 36.6. But those procedures provide no exceptions from bid protest. In the protest of Evergreen JV, B-418475.4, Sept. 23, 2020, the disappointed offeror argued that the Air Force failed to evaluate its qualifications according to the qualitative evaluation criteria identified in the Agency’s synopsis. GAO sustained the protest. For more, click here.
Contacts
Insights
Client Alert | 6 min read | 04.18.25
On April 11, 2025, the U.S. Department of Justice (DOJ) issued guidance regarding the implementation and enforcement of the newly enacted final rule, “Preventing Access to U.S. Sensitive Personal Data and Government-Related Data by Countries of Concern or Covered Persons,” now referred to as the Data Security Program (DSP). The release included an Implementation and Enforcement Policy, a Compliance Guide, and Frequently Asked Questions (FAQs). Collectively, these documents are designed to help entities subject to the DSP understand and comply with the obligations set out under the Final Rule.
Client Alert | 2 min read | 04.18.25
Client Alert | 2 min read | 04.17.25
Client Alert | 5 min read | 04.15.25
Is Section 230 Going to Change? The FTC, DOJ and FCC Signal Significant Change for Online Businesses
