Are State contracts with SUE providers subject to the provisions of the Brooks Bill if Federal-aid highway funds are used?
Yes. On Federal-aid highway projects, SUE providers must be selected by evaluating and ranking interested firms based on their qualifications to perform the requested work, and then, starting with the highest ranked firm, negotiating with them until a firm is retained. The Brooks Bill is applicable to SUE because Title 23 U.S.C., Section 112(b)(2)(A) requires Brooks Bill procedures to be used for each contract for program management, construction management, feasibility studies, preliminary engineering, design, engineering, surveying, mapping, or architectural related services with respect to a Federally funded construction project performed by or supervised by a State transportation department. The FHWA considers SUE to be an engineering process for obtaining accurate and comprehensive information about underground utilities and for using that information in the development (i.e., planning, preliminary engineering, design, etc.) of highway projects. There are exceptions. For example,
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