Reference Checks When Selecting Consultants

What role should references from previous client play in evaluating and selecting consultants on public projects, particularly architects and engineers, where the “most qualified” firm must be selected? Should references actually be an evaluation criterion?

Clearly, a public agency has an interest in ensuring that the consultant to be selected has a good track record. However, since selections are often done through an evaluation committee, checking references becomes somewhat problematic if it is to be one of the selection criteria. Does that mean that each member of the committee should contact each of the references for each of the firms submitting qualifications or proposals? That quickly becomes a logistical and time-consuming nightmare.

My suggestion is that reference checks not be part of the evaluation criteria, but that they be used to help validate the information provided by the firms. To help explain what I mean, I’ve included sample language below that I include in Requests for Qualifications (RFQs). The same would apply for Requests for Proposals (RFPs) with the language being adjusted as appropriate.

“The Owner reserves the right to conduct reference checks for the highest scoring firm(s) either after qualifications have been evaluated, and/or after interviews have been held. In the event that information obtained from the reference checks reveals concerns about the firm’s past performance or their ability to successfully perform the work of the contract to be executed based on this RFQ, the Owner may, at its sole discretion, determine that the firm is not the most qualified firm and may select the next highest-ranked firm whose reference checks validate the ability of the firm to successfully perform the work of the contract to be executed based on this RFQ. In conducting reference checks, the Owner may include itself as a reference if the firm has performed work for the Owner, even if the firm did not identify the Owner as a reference.”