40 U.S.C. § 1103
Section 1103 · Selection procedure
Amended 1 time on record
Applied in 4 court decisions — leading case BBF Engineering Services, PC v. State of Mich. (2014)
Most recently applied in BBF Engineering Services, PC v. State of Mich. (July 2014)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) In General.—These procedures apply to the procurement of architectural and engineering services by an agency head.
(b) Annual Statements.—The agency head shall encourage firms to submit annually a statement of qualifications and performance data.
(c) Evaluation.—For each proposed project, the agency head shall evaluate current statements of qualifications and performance data on file with the agency, together with statements submitted by other firms regarding the proposed project. The agency head shall conduct discussions with at least 3 firms to consider anticipated concepts and compare alternative methods for furnishing services.
(d) Selection.—From the firms with which discussions have been conducted, the agency head shall select, in order of preference, at least 3 firms that the agency head considers most highly qualified to provide the services required. Selection shall be based on criteria established and published by the agency head.
Editorial notes U.S. Code · Office of the Law Revision Counsel
SectionSource (U.S. Code)Source (Statutes at Large) 1103 40:543. June 30, 1949, ch. 288, title IX, §903, as added Pub. L. 92–582, Oct. 27, 1972, 86 Stat. 1279. In subsection (b), the words “engaged in the lawful practice of their profession” are omitted as unnecessary because of the definition of “firm” in section 1102 of the revised title.
In subsection (c), the words “compare alternative methods for furnishing services” are substituted for “the relative utility of alternative methods of approach for furnishing the required services” to eliminate unnecessary words.