U.S. Code » Title 40 » Subtitle SUBTITLE I— FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES › Chapter CHAPTER 11— SELECTION OF ARCHITECTS AND ENGINEERS

40 U.S.C. § 1102

Definitions

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In this chapter, the following definitions apply:(1)Agency head.—The term “agency head” means the head of a department, agency, or bureau of the Federal Government.(2)Architectural and engineering services.—The term “architectural and engineering services” means—(A) professional services of an architectural or engineering nature, as defined by state law, if applicable, that are required to be performed or approved by a person licensed, registered, or certified to provide the services described in this paragraph;(B) professional services of an architectural or engineering nature performed by contract that are associated with research, planning, development, design, construction, alteration, or repair of real property; and(C) other professional services of an architectural or engineering nature, or incidental services, which members of the architectural and engineering professions (and individuals in their employ) may logically or justifiably perform, including studies, investigations, surveying and mapping, tests, evaluations, consultations, comprehensive planning, program management, conceptual designs, plans and specifications, value engineering, construction phase services, soils engineering, drawing reviews, preparation of operating and maintenance manuals, and other related services.(3)Firm.—The term “firm” means an individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the profession of architecture or engineering.(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1129.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

1102

40:541.

June 30, 1949, ch. 288, title IX, § 901, as added Pub. L. 92–582, Oct. 27, 1972, 86 Stat. 1278; Pub. L. 100–656, title VII, § 742, Nov. 15, 1988, 102 Stat. 3897; Pub. L. 100–679, § 8, Nov. 17, 1988, 102 Stat. 4068.

In clause (1), the words “Secretary, Administrator, or” are omitted as unnecessary.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2006–2024 · leading case: Mgmt. Ass'n for Private Photogrammetric Surveyors v. United States, 467 F. Supp. 2d 596 (E.D. Va. 2006).
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Mgmt. Ass'n for Private Photogrammetric Surveyors v. United States, 467 F. Supp. 2d 596 (E.D. Va. 2006). · cites it 4× “40 U.S.C. § 1102 (1988). The challenged regulatory provision is the FAR Council’s interpretation and implementation of this 1988 Brooks Act amendment.”
Mgmt. Ass'n for Private Photogrammetric Surveyors v. United States, 492 F. Supp. 2d 540 (E.D. Va. 2007). “40 U.S.C. § 1102 (2). It is the scope and content of this language and the regulatory response to it that is at the heart of the parties’ dispute in this case.”
Amanda Allred v. Dep't of the Army (MSPB 2024). “40 U.S.C. § 1102 contemplates “professional services of an architectural or engineering nature, as defined by state law, if applicable, that are required to be performed or approved by a person licensed, registered, or certified to provide the services described,” to include…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.