Is the qualifications-based selection and negotiation procedure consistent with competitive procedures?
A Yes, the generally accepted concept that public procurement should be a on a competitive basis is fully met by the qualifications-based selection and negotiation procedures. It is highly competitive among the firms seeking the assignment. In fact, in the 1984 Competition in Contracting act, Congress explicitly declared that “competitive procedures” for Executive Branch agencies includes procurement of architectural or engineering services under the Brooks Act, which is the legislation mandating the use of qualifications-based selection for projects using Federal funds.