The Brooks Act -- who you know and what you know

One of this blog's readers sent me an email with a simple question: "Do you know about the Brooks Act?" It is perhaps the most important element in considering who wins architectural and engineering projects at the federal level -- and in many states -- and creates a major barrier to entry for outsiders, and a real competitive advantage and power-base for design firms with solid Washington connections and relationships.

I discovered this 'old' (2002) reference to the Brooks Act on the American Society of Civil Engineers site. If you are thinking of competing for federal work as new infrastructure funds are available, read it carefully.

Brooks A/E Act Turns 30

This week marks the 30th Anniversary of the Brooks A/E Act, mandating the use of Qualifications Based Selection (QBS) for federal procurement of A/E design services. Rep. Jack Brooks (D-TX) introduced the Architect-Engineer Selection Act after a GAO report pointed out that there was no statutory basis for use of the QBS method of selection. The bill was signed into law on October 27, 1972 (Public Law 92-582).

Congress later expanded the act to include surveying and mapping as well as architecture and engineering services. Since 1972 the QBS method of procurement has been extended to include highway, mass transit and airport grant programs as well as prime and subcontracts under the Superfund program. In 1988, Congress amended the Brooks Act and supplied a new definition of covered services.

The Brooks Act has set the model for procurement acts in over 35 states as well as the ABA Model Procurement Code for State and Local Government.

So what does that tell you?:

You are not going to walk in the door and pick up Washington business unless you know -- and have relationships -- there.

Say as an outsider you submit a bid; you might have the lowest price because your cost structures are really under control -- or you are simply desperate to win the work. Your bid will be passed over for the design firm or contractor with a solid work experience and credentials, and these subjective measures will be strongly influenced by personal relationships and experience between the design professional or contractor and government officials -- in other words, they will almost inevitably select incumbents they like, over strangers they don't know.

With several years experience in the Washington, D.C marketplace (I broke the 'rules' and as a Canadian started Washington Construction News in 2000 -- the former print publication has evolved to become The Design and Construction Report), I've seen how insiders get the business, and outsiders wonder why they lose -- and how insiders in one element can be outsiders in others. Take one contractor who almost always wins certain military contracts, but can never get any business at the Post Office. "The building designs and standards are virtually the same," the contractor told me as we drove around Washington's suburbs. "But we can't get our foot in the door."

So, how do you break in and get this work?

1. You should waste no time establishing relationships with AEC firms connected already in the Washington area. Here, your membership in local Society for Marketing Professional Services or relevant trade association chapters may be helpful. You'll learn which members are already established in Washington, and can begin building your connections with them. This is vitally important in gathering intelligence and connections for opportunities where local procurement is possible
2. If you have lots of money, and know your way around, you could buy or joint venture with an established AEC firm/consultant serving the DC area. Their value has risen in recent weeks, of course, so be prepared to pay. Alternatively, you could hire (at some cost) key people with knowledge of the local industry.
3. In your local market, get to know the movers and shakers within the federal system; then connect the dots and find out which companies have established relationships, and figure out a way to connect the dots. One Florida based architect, for example, won a major design project after receiving a call from "Washington" -- then used local knowledge and skill to capture and exploit the opportunity.
4. Naturally, you should be wary of scams -- some consultants will purport to have Washington connections which are more flim-flam than substance.

(Blatant sales message to follow . . .)

You may find value in participating in The Design and Construction Network (http://mydcn.com) and promoting your business through the Design and Construction Report. The DCR evolved out of relationships established in the Washington, D.C. area and the network traces its roots and home base to the national capital area. You may find the connections you need to build or enhance relationships for federal government work both in the D.C. area and your own region through connnections developed here.

AGC: Lets build America's future

The Associated General Contractors (AGC) is co-ordinating a lobbying campaign to encourage infrastructure development. Not surprisingly, I hope all blog readers will respond to support this initiative, and hyperlink it and email references to encourage further support.

Here is the announcement:

AGC launched a new national effort to ensure that Congress and the President-elect understand the vital need for investing in all components of infrastructure as part of the pending stimulus package. The centerpiece of this effort is, frankly, you. As you will see from the advertisement below, AGC is encouraging people to sign up to indicate their support for badly needed new investments in water and wastewater infrastructure, transportation and schools and public buildings. AGC will share this list with members of Congress when they return to work on January 6th, and also will provide it to the President-elect’s transition team.

We need your help in ensuring that the full breadth and depth of our support is reflected in this list. So I am asking each of you, please, to reach out to your employees, your suppliers, your subcontractors your local government and business community leaders. Encourage them to log on to www.agc.org/letsbuild and sign up. So far, we have collected more than 1,000 names, and with your help spreading the word, we can make sure Congress and the new Administration understand the value and wisdom of new infrastructure investments.

With more than 770,000 construction workers out of work over the last two years, our sector has been one of the hardest hit by the country’s financial challenges. With your help we can make sure our members are put back to work now, building America’s future. After all, the infrastructure projects our members build will not only put people back to work, they will serve as a crucial foundation for future economic growth.

To join the campaign, visit www.agc.org/letsbuild. For more information, contact Brian Turmail at (703) 837-5310 or turmailb@agc.org.