Brooks Act

The Brooks Act, also known as the Selection of Architects and Engineers statute is a United States federal law passed in 1972 that requires that the U.S. Federal Government select engineering and architecture firms based upon their competency, qualifications and experience rather than by price.

Then the selection process would commence negotiations with the firm deemed most qualified.

If the State would be unable to agree with that firm, they would move to the third in a similar fashion.

While the intent is for the State to select the firm that is most qualified and should produce the best results as a result of this fact, there remains the potential to still make a selection based upon price.

If you cannot reach a "Fair & Reasonable Price" vs. your estimate, you move on to the next best technical proposal.