What is an On-Call A/E Contract? Public agencies often have ongoing needs for architectural and engineering services. Rather than go through a separate selection process each time the need for such services arises (whether through a project-specific advertisement and selection process, or selection from among firms on an established roster), some agencies will advertise for on-call services.
Features of an On-Call A/E Contract: Features on an On-Call A/E Contract include the following:
- Public advertisement soliciting statements of qualifications
- Issuance of a Request for Qualifications (RFQ)
- Established evaluation criteria publicized in the RFQ
- Scope of work defined for a specific discipline or focus within an A/E discipline
- Selection of the most qualified firm
- Negotiation of fully loaded hourly rates and markups
- Execution of an On-Call contract
- Negotiation of scope and amount for specific assignments
- Execution of work orders for specific assignments
- Maximum dollar threshold by policy for each work order
- Maximum dollar amount by policy for the life of the On-Call A/E Contract
On-Call A/E Contracts vs. A/E Roster: Some public agencies will establish an A/E Roster consisting of the qualifications of firms who have expressed an interest in doing business with the agency. Depending on specific agency policies, rather than advertising for each need for A/E services, the agency will conduct an informal evaluation process (not advertised) and select a firm from the Roster. On the other hand, an On-Call A/E Contract is an advertised solicitation for anticipated work, while firms on the A/E Roster are not evaluated until a specific project comes up.
Advantages of an On-Call A/E Contract: One of the advantages of an On-Call A/E Contract is that it is more streamlined than selection from an A/E Roster since formal solicitation, selection, negotiation of basic rates, and contracting have already occurred. It is also more streamlined than a project-specific advertisement and solicitation in that solicitation and selection for multiple assignments occurs under just one solicitation process.
How Long Can an On-Call A/E Contract Last? If a public agency advertises for an On-Call Contract for Architectural and Engineering (A/E) services, how many years can the contract last? Public agencies who use On-Call A/E Contracts often do so in order to save administrative time and expense involved in frequent advertising and selection processes. A typical duration is one year with the option to extend it for up to two additional one year periods. In evaluating the duration of an On-Call A/E Contract, agencies should not establish such a long period of time such that no other firms have the option to compete for public contracts. New firms are constantly being formed and firms reorganize with different and experienced partners from other firms.
Advice from the State Auditor's Office: Recently, there was some confusion when the Washington State Auditor's Office went on record with one public agency and stated that an On-Call A/E Contract should be limited to one year only. Since then, the Auditor's Office has indicated that multi-year On-Call A/E Contracts are acceptable, but have outlined the following issues that should be addressed if an agency chooses to use an On-Call A/E Contract:
Advice from the State Auditor's Office: Recently, there was some confusion when the Washington State Auditor's Office went on record with one public agency and stated that an On-Call A/E Contract should be limited to one year only. Since then, the Auditor's Office has indicated that multi-year On-Call A/E Contracts are acceptable, but have outlined the following issues that should be addressed if an agency chooses to use an On-Call A/E Contract:
- Price Updates: There should be an annual update of price information from the consultant.
- Qualifications Updates: The consultant should update their qualifications on an annual basis. The update should include a statement that they are not debarred, and that they are up to date in their quarterly payments of workers compensation premiums to the Department of Labor and Industries.
- Prevailing Wages: To the extent that any of the work under the On-Call A/E Contract requires payment of prevailing wages, the consultant must file a Statement of Intent to Pay Prevailing Wages for the On-Call Contract, and an Affidavit of Wages Paid for each applicable task or work order under the On-Call Contract.
- Document Selection Process: If the public agency has selected more than one consultant for an On-Call Contract for the same type of work, the agency should document the process by which the selection for a particular task or work order was made.
Establish Agency Policies: If your agency selects A/Es through different processes (advertise specific project, select from a roster, use an on-call contract), it is important to have clear agency policies that identify when a roster or on-call contract may be used. These policies should address the dollar thresholds for the work along with other relevant factors.
What Laws and Regulations Apply? Public agencies need to carefully understand what federal, state, local, and agencies laws and policies apply in any circumstance. In Washington State, selection of A/E consultants is governed by chapter 39.80 RCW, and covers the disciples of architecture, engineering, landscape architecture, and land surveying. Selection of A/Es and related disciplines on federally funded projects is governed by the federal Brooks Act.
Your Opinion and Experiences: I'm interested in learning what you agency's policies are regarding use of On-Call A/E Contracts and A/E Rosters. Please leave a comment on the blog, contact me, or send me a copy of your policies.
Mike Purdy's Public Contracting Blog© 2011 by Michael E. Purdy Associates, LLChttp://PublicContracting.blogspot.com
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2 comments:
My question relates to the section of the Brooks act that allows for QBS for scopes that "Relate to A&E work". How far does this stretch? Our internal customers want to stretch as far as possible. Many agencies now use QBS for substantially planning efforts. Any insight would be appreciated.
I think that the Brooks Act is actually fairly expansive in terms of the type of work covered by it, and the best guide is the actual language of the act. Here's how the law defines A&E services:
(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.
Note item C in particular. If architects or engineers would typically be the ones who perform this work, even if it is a planning study, then the qualifications based selection requirements of the Brooks Act would apply (provided there are federal funds involved on the project).
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