NSPE Files Lawsuit to Protect Qualifications-Based Selection

By Consulting Specifying Engineer Staff May 11, 2006

In an effort to safeguard qualifications-based selection (QBS) at the federal level, the National Society of Professional Engineers (NSPE) has filed a lawsuit against the United States.

The lawsuit seeks to force federal agency compliance with the Brooks Act, as enacted by Congress in 1972 and amended in 1988. The Brooks Act requires federal agencies to use QBS procedures when procuring architectural, engineering, surveying, mapping and other services. However, federal agencies have repeatedly ignored the amended act, treating surveying and mapping services as outside the scope of the Brooks Act.

“The lawsuit is about the integrity of the law and whether federal agencies can simply ignore the clearly expressed will of Congress,” says NSPE deputy executive director and general counsel, Arthur Schwartz.

NSPE has filed the lawsuit in cooperation with the Management Association for Private Photogrammetric Surveyors (MAPPS) and the Council on Federal Procurement of Architectural and Engineering Services (COFPAES). As the national society of licensed professional engineers that promotes the ethical and competent practice of engineering, NSPE and its members have a vital stake in the adherence to the Brooks Act and the state and local laws that help uphold it.

A copy of the complaint may be found at https://www.nspe.org/media/NSPE-MAPPS-Complaint.PDF .