360 FW 1, Appendix 1
Summary of Authorities for Engineering and Construction Requirements


Date:  April 26, 2007

Series: Engineering and Construction

Part 360: Engineering and Construction Management

Originating Office: Division of Engineering



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The Brooks Act: Federal Government Selection of Architects and Engineers, (P.L. 92-582).


Governs the Federal Government contracting for professional Architect-Engineer (A-E) services. The Act declares that we must acquire these services based on demonstrated competence, capability, and qualifications at fair and reasonable prices, rather than based solely on price competition.

Executive Order 12699, Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction.

Requires that we design and construct all new Federal buildings in accordance with current seismic safety standards.

Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et. seq.), as amended.

Limits the cost of Title 2 services (production of architectural and engineering plans, design, drawings, and specifications) to 6 percent of the estimated construction cost of a project.

Public Contracts and Property Management, Government Furnished Quarters (41 CFR 114 – 51) and Office of Management and Budget (OMB) Circular A-45, Rental and Construction of Government Quarters.

Provides regulations and procedures on Government-furnished quarters and the construction of family housing.

Public Buildings Amendments Act of 1988 (P.L. 100‑678).

Requires that construction of new or alterations to existing Federal buildings comply with nationally recognized building and safety codes, and consider local zoning laws and ordinances.

Highways, Highway Bridge Replacement and Rehabilitation Program and National Bridge Inspection Program (23 U.S.C. 144 and 151) and Federal Highway Administration; Bridges, Structures, and Hydraulics (23 CFR 650).

Establishes a Federal highway bridge replacement and rehabilitation program. We must inspect bridges on public highways and roads biennially.

E.O. 13423, Strengthening Federal Environmental, Energy, and Transportation Management.

Sets goals for agencies to meet to improve energy efficiency and environmental practices when performing their missions and constructing and renovating buildings.

National Dam Inspection Act (P.L. 92-367).

Authorizes the Secretary of the Army, through the U.S. Army Corps of Engineers, to initiate a dam safety inspection program throughout the United States. Secretarial Order No. 3048, February 28, 1980, established dam safety responsibilities within the Department of the Interior in accordance with the President’s memorandum of October 4, 1979, which directed Federal agencies to adopt and implement a Federal Dam Safety Program.

OMB Circular No. A-131, Value Engineering.

Requires Federal departments and agencies to use value engineering as a management tool, where appropriate, to reduce program and acquisition costs.

Architectural Barriers Act of 1968, as amended (42 U.S.C. 4151 – 4157).

Requires that Federal agencies make any building or facility constructed with Federal funds accessible and useable by individuals with disabilities.


Section 502 of the Rehabilitation Act of 1973, Architectural and Transportation Barriers Compliance Board (29 U.S.C 792).

Requires that Federal agencies make programs and activities they conduct, administer, and maintain accessible.

Accessibility Guidelines for Buildings and Facilities (36 CFR 1191).

Provides guidelines for facilities we design, build, and alter with Federal funds or lease after May 8, 2006.

Energy Policy Act of 2005 (P.L.109-58).


Establishes Federal programs that target energy savings in public facilities; establishes renewable energy initiatives; and revises requirements governing Federal agency use of alternative fuels by dual-fueled vehicles.




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