presented by mike coppa architect / engineer procurement process chapter 3 construction and...
TRANSCRIPT
Presented byMike Coppa
Architect / Engineer Procurement Process
Chapter 3
Construction and Professional Services Manual
September 15, 2012
General Policy on Procuring A/E Services
Virginia Public Procurement Act, §2.2-4300 to 2.2-4377
State policy is to contract with a single firm:◦ Firm may have full ”in-house” capability, or
◦ Firm may subcontract for other disciplines
Person having overall responsibility:◦ Must be a licensed Architect or Professional Engineer
◦ Shall be registered/licensed by the Virginia Department of Professional and Occupational Regulation (DPOR)
Procurement of Related Services
• Professional Services:– Architects, Engineers– Surveyors– Geotechnical engineers
• Nonprofessional Services:– Cost Consultants– Testing services– Project administrators– Inspectors/clerk of the works– Value Engineering Services
Project Scope of Work
Identify:
◦Services required
◦Criteria/limitations/parameters
◦Describe the product(s) expectedReference applicable standards:
◦Construction & Professional Services Manual (September 15, 2012)
◦Applicable VUSBC edition, now 2009 Edition
◦Applicable accessibility standards, now 2010 ADA Standards for Accessible Design, published September 15, 2010
◦NCAA, JCAHO, & others
Advertisements for Professional Services
• Agency Procurement Office Notice Bulletin Board
• Legal Notice, Statewide Newspaper
• Electronically via eVA
– eVA website is: http://eva.virginia.gov
– What is eVA? – Electronic Procurement– How do I Register? – See eVA Website
Find solicitationsand awards
ADDRESS: http://eva.virginia.gov
Registeras a newVendor
Seecurrent
TransactionFee
Schedule
eVA Supplier Transaction Fees (as of 05/01/2012)
eVA Registered, DMBE-Certified Small Businesses
0.75%, Capped At $500 Per Order
eVA Registered Businesses That Are NOT DMBE Certified Small Businesses
0.75%, Capped At $1,500 Per Order
Businesses That Are Not eVA Registered But Agree To Pay The Transaction Fee
0.75%, Capped At $1,500 Per Order
Registration
• Architect/Engineers desiring to provide services to the Commonwealth must:
• sign up with eVA to be awarded contracts
• pay the appropriate transaction fees
Benefits
Benefits
Single Vendor Registration - register one time
Push Technology - notification of business opportunities
Single Source - one place to access business
opportunities and procurement information
Electronic Ordering- standardization to do business with
electronic commerce efficiencies
Requests for Proposal (RFP)
Identify:
◦General nature of the project
◦Architectural and engineering services sought
◦Factors which will be used for evaluation
◦Unique capabilities/qualifications demanded
◦Method for negotiation of fees
◦SWaM criteria consistent with the Agency SWaM plan
RFP will NOT ask proposers to furnish cost or manhour estimates with their “qualification” proposals
Small Businesses and Businesses Owned By Women and Minorities (SWaM)
• Proposals with Fee > $100,000:– RFP response should describe past efforts to
utilize services from these types of firms– Failure to do so will be non-responsive– See formats on Forms Center
• Contracts with Fee > $100,000– Periodic involvement reports are required– Final actual involvement report is required
• Executive Order # 33 (2006)– Agencies should refer to this Order for policy
directives on SWaM participation
Standard Formats for Responses to RFPs
A/E Firm Data Forms:◦Standard formats for responding to RFPs
reduce effort/expense by A/E to respond to RFP provide uniform format for Owner’s evaluation
◦Use of these standard formats is REQUIRED◦Electronic versions are available from the
DGS Forms Center◦Firms interested in Emergency and Small
Purchase Procurements should file generic copies with targeted agencies
A/E Firm Data Forms:
• AE-1 Synopsis of Responding Firm• AE-1a Continuation Page for Form AE-1• AE 2 Consultants/Other Office Data• AE-3 Project Staffing Plan• AE-4 Personnel Qualifications• AE-5 Representative Project Data• AE-6 Supplemental Information
( these forms are in Excel format )Open AE Data Forms
Standard Formats for Responses to RFPs
Qualifications Based Selection of A/E’s
Post Public NoticeIssue RFPReceive & Evaluate ResponsesSelect A/E’s Fully Qualified and Suited for
the ProjectInterview and determine “Best Suited” A/E Request Fee proposal and negotiate scope
of work and associated feePost Notice and Award Contract
Agency Building Committee
• VCCO• Owner - Facilities Management• Owner - Operations and Maintenance• End User• OAG and BCOM participate only when
requested by the Agency, but:– BCOM representative participates on
Design Build and Construction Management panels
– OAG representative provides guidance to Building Committee.
Notice of Intent to Award
• Once fee negotiations are complete, the Agency shall post a Notice of Intent to Award (or Notice of Award, if award has been approved.
• Notice must be provided a minimum of 10 days prior to award of the contract at the place the Agency normally posts notices.
• Agency must also post Notice on their website and on DGS’s central procurement website - eVA
General Procedures for A/E Selection
Category A, Emergency Selection Procedures◦ for bona fide emergencies
Category B, Small Purchase Procurement◦ for services with total fee < $50,000
Category C, Standard Professional Procedures◦ for services with total fee > $50,000◦ may be used for smaller fee contracts
Term Contracts◦ for multiple small projects◦ one year period
Category A - Emergency Selection
Agency head provides written determination of emergency and designates selection committee
If services are not available from an A/E under a Term Contract, contact one or more capable firms
Negotiate with selected firm to provide work on a LUMP SUM or UNIT COST (hourly rate) basis with a “NOT TO EXCEED” amount
File signed CO-3.2 with BCOM, noting that work is being awarded on an emergency basis
Open CO-3.2
Category B - Small Purchase (fees < $50,000)
• Agency shall advertise/post notice at least once a year requesting qualifications from interested A/Es
• RFQ format should be similar to an RFP• Require A/Es to provide forms AE-1 to AE-6• Agency should allow A/Es to update forms
and accept them on a continuing basis• Sort forms by qualifications/capabilities• May consider “Set Asides”• Identify firms which are “fully qualified”• Select not less than 3 firms to interview
Category B - Small Purchase (cont’d)
• Conduct telephone or personal interviews• Consider qualifications, workload, location,
capabilities, past performance, SWAM certification, and other factors
• Consider number and value of prior contracts
• Rank order A/Es relative to the above factors• Negotiate fee using COMPETITIVE
NEGOTIATION procedures• Award contract and post notice of same• File signed Form CO-3.2 with BCOM
Category B - Small Purchase( fees < $5,000 )
• If total fee will be less than $5,000, VCCO is allowed under the “small purchase” process to contact only one firm from the list of fully qualified A/Es who have expressed an interest
• Repeated selection of the same A/E firm under the “small purchase” process is not allowed
• Consider SWAM Certification & qualifications
Category C - Standard Procedures (fees > $50,000)
• Draft an RFP using the content described earlier
• Advertise/post using the media described earlier
• Receive, evaluate, and rank the proposals
• Look up the A/E’s on the DPOR website to verify proper registration and license
• Look up the A/E’s on the DPS website to assure that they are not enjoined or debarred
Category C - Standard Procedures (fees > $50,000)
• Assure top ranked firms are “fully qualified”
• Select not less than 3 of the top ranked firms for interviews
• Conduct the interviews, avoiding discussion of fees, rates, design costs, etc.
• After the interviews, re-rank the firms based upon interview responses, prior data submitted, references, past performance, and suitability
Category C - Standard Procedures (cont’d)
Negotiate fee using COMPETITIVE NEGOTIATION procedures◦ Compliance with CPSM requirements is not negotiable◦ Hourly rates must be provided for additional services
If an agreement cannot be reached with the A/E, negotiations must be terminated in writing prior to moving on to negotiations with the next firm
Award contract and post notice of sameFile signed Form CO-3 and the associated MOU
with BCOM
Open CO-3
A/E Interviews
• Schedule interviews• Agenda: 5 - 25 - 15 -
5 • Hear from:
– Project Manager– Key Designer
• Focus on approach to THIS PROJECT
• Questions / clarifications
• Why should we select you?
Term Contracts(Code of Virginia, §2.2-4301,
Competitive Negotiations)
Term Contracts
Effective/useful tool for:◦Planning and scoping for projects◦Maintenance projects◦Small renovations◦Emergency situations◦Multiple small projects
Limitations:◦one-year term, plus 4 one year renewal options◦do not use for any project exceeding
$2,000,000 in total project cost
Term Contracts (cont’d)
RFPs:◦ An agency may issue separate RFPs for similar work◦ An agency may have several term contracts,
however, only one term contract may be awarded to any one firm
◦ An A/E under term contract with an Agency is not prohibited from responding to single project RFPs issued by the Agency
◦ Agency must treat each RFP separately --- responses, evaluations, Selection Panel interviews
◦ Multiple contract awards from a single RFP are allowed if stated in the RFP.
Project Order/Contract Award:– 1st Project Order shall be issued at contract
execution
– There is no guarantee that additional orders will be issued during the contract term
Project Order Fees:◦ lump sum basis◦ if lump sum not feasible, hourly basis with a “not-to-
exceed” amount◦ fee for any single Project Order shall not exceed
$200,000◦ aggregate total of fees for all Project Orders shall not
exceed $1,000,000 in a Term.
Term Contracts (cont’d)
Contract Term:◦ Relates to the period in which new Project Orders may
be issued◦ Calculated as the earlier of:
one year from the date of the A/E Term Contract, or when the cumulative total of fees for all Project
Orders reaches the maximum fee amount, or when the Contract is terminated in writing by the
owner◦ When the “term” has concluded, no new Project
Orders may be issued by the Owner or accepted by the A/E, however, all existing Project Orders shall survive beyond the term until the work is completed
Term Contracts (cont’d)
Renewals:◦ are allowed only if option to renew was indicated in RFP◦ are at the sole discretion of the Owner◦ are allowed for 4 additional one year terms ◦ the Renewal Contract Term begins on the earlier of:
when Agency exercises option at end of term year or
when Agency exercises option to renew because dollar limit is approached
◦ a new aggregate limit of $1,000,000 applies, regardless of the amount of Project Orders issued during previous term
◦ any unused amounts from previous term are forfeited and do not carry over into the next term
Term Contracts (cont’d)
• Draft an RFP using the content described earlier
• Advertise/post using the media described earlier
• Receive, evaluate, and rank the proposals
• Look up the A/E’s on the DPOR website to verify proper registration and license
• Look up the A/E’s on the DPS website to assure that they are not enjoined or debarred
Term Contracts Selection Procedure
• Select not less than 3 of the top ranked firms for interviews
Conduct the interviews, avoiding discussion of fees, rates, design costs, etc.
After the interviews, re-rank the firms based upon interview responses, prior data submitted, references, past performance, and suitability
Negotiate with the selected A/E:◦ special terms and conditions
◦ hourly rates
◦ offer first Project Order for fee proposal
Term Contracts Selection Procedure (cont’d)
• After receipt of fee proposal for first Project Order, negotiate fee and, if successful, award Contract
• If an agreement cannot be reached with the A/E, negotiations must be terminated in writing prior to moving on to negotiations with the next firm
• Award contract• File signed contract (Form CO-3.1), the
associated MOU, and the initial Project Order (Form CO-3.1A) with BCOM
Open CO-3.1 Open CO-3.1A
Term Contracts Selection Procedure (cont’d)
Miscellaneous
• BCOM is available to provide assistance to agencies
during the A/E procurement process
• Copies of the standard forms (CO-3, 3.1, 3.1A, and
CO-3.2) are available on the DGS “Forms Center”.
• The Terms and Conditions of the AE Contract (CO-3a)
shall be made a part of all contracts for professional
services.
• Neither the Forms nor the Terms and Conditions may
be modified without the approval of Agency’s legal
council and the Director of DEB.
Presented byMike Coppa
Architect / Engineer Procurement Process
Chapter 3
Construction and Professional Services Manual
September 15, 2012