EP 1180-1-1
1 Aug 01
U.S.C. 541-544). This change is predicated upon the unique characteristics of the surveying and
mapping procurement process as well as the unique characteristics of employment within this industry
sector. As provided by applicable statute (33 U.S.C. 569b), the Corps is required to procure surveying
and mapping services by means of the qualification-based selection process of the Brooks Architect-
Engineer Act (40 U.S.C. 541 - 544). The Brooks Act requires the selection of the most highly qualified
firms based on demonstrated competence and professional qualifications, and negotiation of a fair and
reasonable price, starting with the most highly qualified firm. Surveying crews are generally permanent
employees who operate out of a certain branch or home office. These workers are seldom hired on a
local basis for a specific project. Their compensation is primarily determined by the location of their base
office, and not the location of their work assignments which may cross various counties on a daily or even
hourly basis. This, in combination with the indefinite nature of surveying and mapping contracts, has
created an administrative burden for both the Corps and contractors in attempting to reconcile such
features with a SCA wage determination keyed solely to the exact place of performance.
c. In response to the above concerns, the DOL has agreed to the following revision in their SCA
wage determination issuances for surveying and mapping service contracts. Once the most highly
qualified firms have been identified and the home or base office from which the affected personnel will be
dispatched can also be identified, the Contracting Officer should then submit the required SF 98, Notice
of Intention to Make A Service Contract to the DOL. The DOL's new policy requires Contracting
Officers to annotate the SF 98 to reflect the unique features of surveying and mapping services
procurement based on the Brooks Act procedures. For example, Box 5, Place of Performance, will
indicate the firm's home or base office. The wage determination furnished will therefore be based on this
location. Box 6, Services To Be Performed, should indicate that the procurement is an indefinite delivery
contract for the acquisition of surveying and mapping services through the Brooks Act.
3-13. Architect-Engineer (A-E) Services. The DOL has also indicated that A-E contracts substantially
performed through the use of service employees may also be subject to the SCA. The DOL has
previously advised USACE that A-E contracts may be subject to the SCA. In this regard, the DOL has
published a list of illustrative services which are subject to the SCA at 29 CFR 4.130. (A less detailed
listing is set forth at FAR 22.1003-5). Although A-E services are not specifically cited by DOL, the list
does include computer services, drafting and illustrating, exploratory drilling (other than part of
construction), surveying and mapping (not directly related to construction). COs are therefore advised to
be cognizant of the extent and nature of non-professional service employees required under A-E
contracts.
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