The rules governing how contractors are selected differ dramatically between public and private projects. Public owners -- governments, school districts, transit authorities -- are bound by procurement statutes that mandate competitive bidding, public advertisement, and award to the lowest responsible bidder. Private owners can select contractors however they choose: competitive bid, negotiated contract, invitation-only bid lists, or sole-source selection.

This distinction affects every aspect of the architect's role during the bidding phase. On a public project, the architect must follow statutory procedures for advertisement, document distribution, bid opening, and evaluation. Failure to comply can invalidate the entire procurement and expose the public owner to legal challenges. On a private project, the architect has flexibility to advise the owner on the selection method that best serves the project.

Sealed bid procurement is the standard method for public construction. Bids are solicited publicly, received sealed, and opened at a specified time and place. The contract is awarded to the lowest responsible and responsive bidder -- not simply the lowest price, but the lowest bidder who meets the qualifications and bid requirements.

Public projects also carry requirements for minority, women, and disadvantaged business enterprise (MBE/WBE/DBE) participation. Federal projects subject to 49 CFR Part 26 set a national DBE goal of 10%, though agencies can set project-specific goals. The architect should be aware of these requirements because they affect the bidding documents and contractor compliance.

The Brooks Act governs procurement of architectural and engineering services on federal projects, requiring qualifications-based selection where price is excluded from the evaluation. This applies to the architect's own selection, not to the construction contractor selection, but understanding the distinction is critical for the exam.