PROFESSIONAL TECHNICAL ADVISORY BOARD

Transcription

1 Introduction Design professionals should be selected on specialized experience and qualifications. The Owner needs to utilize a qualification-based selection process to obtain the best firm at the least overall cost. Not only does it make the best business sense, in New Mexico it is the law. APPLICABLE LAW Procurement for professional services in New Mexico is guided by New Mexico Procurement Code (Section ). The Procurement Code authorizes agencies to conduct multiple step procurement for Request for Proposals (RFP) based procurements. This means that the agency can review the proposals submitted and select finalist(s) based on qualifications. In addition, pursuant to Chapter 81, Laws of 2006, any prospective contractor (engineer or architect) seeking to enter into a contract with any state agency or local public body must file a Campaign Contribution Disclosure Form with that state agency or local public body. This form must be filed by the prospective contractor with their response to the request for proposals. The prospective contractor must disclose whether they, a family member or a representative of the prospective contractor has made a campaign contribution to an applicable public official of the state or a local public body during the two years prior to the date on which the contractor submits a proposal. A sample form along with a Campaign Contribution Form Requirements Matrix is found in the Appendix. It may also be obtained at PROFESSIONAL TECHNICAL ADVISORY BOARD The New Mexico Procurement Code (Section ) also states that if the local public body does not have licensed professional staff, i.e. engineers, architects, surveyors, etc. that a professional technical advisor be appointed by the appropriate New Mexico professional society. The Professional Technical Advisory Board (PTAB) was created for this reason. Professional Technical Advisory Board (PTAB) PTAB is made up of professionals from: American Consulting Engineers Council of New Mexico (ACEC/NM); National Society of Professional Engineers/Professional Engineers in Private Practice; American Institute of Architects, (AIA) Albuquerque Chapter; New Mexico Society of Architects; New Mexico Professional Surveyors; and New Mexico Chapter of the American Society of Landscape Architects (NM ASLA). PTAB serves as a clearinghouse to receive requests for assistance from communities throughout New Mexico. Once a request is received, a Professional Technical Advisor (PTA) is assigned to the Community to educate and provide assistance with Qualification-Based Selection and Requests for Proposals. A Community must allow sufficient time for the PTA assignment process to be completed. A minimum of four weeks prior to the advertising date is suggested. This allows for the selection of the appropriate PTA for a specific project. Remember, all PTAs are professionals who are volunteering their time and whose firms are excluded from proposing on the project because of their role as the PTA. The PTAB was formed to provide assistance, at no cost to the Community, to successfully complete the above process. The PTAB assigns a technical advisor to answer questions and provide references to other sources of assistance if needed. 1

2 History of QBS Federal: In 1972 the U.S. Congress recognized the merits of competition based on qualifications. Congress established Public Law (the Brooks Act), which declares it to be the policy of the federal government to base all procurements for architectural and engineering services on demonstrated competence and qualifications for the type of professional services required at a fair and reasonable price to the government. Currently over 46 states have adopted similar laws. In addition, the American Bar Association has endorsed this qualification ranking/negotiation technique in its "Model Procurement Code for State and Local Governments." New Mexico: In the early 1970 ties, the New Mexico Legislature passed the QBS law in New Mexico. New Mexico is one of 46 states that currently have a QBS statute. What is QBS? QBS stands for Qualifications Based Selection, which is the preferred method for selection of professional services. QBS is a negotiated, competitive procurement process for selection based on qualifications and competence in relation to the work to be performed. QBS is an objective, fair process/procedure designed to help an owner find the most qualified engineer for their project. It is a competitive selection process based on qualifications and competence in direct relationship to the work to be performed. Studies have shown that use of QBS for public projects can be more efficient and less costly than using alternative selection processes. The QBS Process By utilizing QBS professional service firms are weighed first on competence, creativity and performance, and second on negotiation of a fair and reasonable fee. The process begins with the owner establishing evaluation criteria and soliciting statements of qualifications from professional service firms. The owner reviews these statements on the basis of qualifications, experience, reputation, current workload, and any other project specific factors. The owner then selects the three to five most qualified firms to make brief presentations explaining their unique approach to the project. On the basis of these presentations, the owner ranks the most qualified firms numerically in order of preference. The owner and the top-ranked firm then negotiate a scope of services, which specifies the full range of services the firm will provide, the personnel it will commit to the project, and the schedule describing when the work is to be completed. When an agreement is reached on the scope of work, the owner and professional proceed to negotiate a fee that is fair and reasonable to both parties. If an agreement on 2

3 compensation is reached, a contract is consummated. If an agreement cannot be reached, negotiations with the top ranked firm are terminated, and the owner attempts to negotiate a contract with the second ranked firm. The process can be repeated as necessary until the contract is negotiated. 3

4 Refer to the flowchart below for a graphical representation of this process. Note: Agencies may have specific requirements that vary from the QBS Process shown above. 4

5 Benefits of Using QBS Saves the owner time and money through an organized approach that gets the engineer on board early enough to improve project planning. By using their expertise and professional knowledge the engineer is better able serve the owner to achieve project goals and maximize budget dollars. High quality engineering services are only a small percentage of the project cost, yet greatly influence the success of the entire project. Helps engineering firms respond better to the owner s needs because they know how to better prepare and plan for interviews based on a uniform set of criteria and information shared with all firms. Encourages the development of a productive partnership and team effort between the public owner and the selected engineer, thus fostering improved communication. QBS promotes improved project quality by assuring that both the client and engineer clearly understand the scope of work required. The Professional Technical Advisory Board (PTAB) The Professional Technical Advisory Board (PTAB) and its trained Professional Technical Advisers offers assistance to public owners in implementing a QBS program. Professional Technical Advisors are licensed professionals: engineers, architects, surveyors or landscape architects that meet stringent criteria. Helpful information, guides and forms are available in the Orange Book, the Owner Manual. PTAB MANUAL: The Owner Manual for Qualification-Based Selection (Orange Manual) (recently revised to include the Campaign Contribution Disclosure Form) is available to assist communities in the selection and hiring of design professionals in compliance with the New Mexico State Procurement Code. It contains a complete explanation of the QBS process and guidelines for proceeding from project inception, to concluding a contract for professional services. Also available is a sample Request for Proposal (PDF download, Word Document download) to be used with modification by the Owner to suit the individual circumstance and evaluation criteria (Sample Evaluation Criteria.). Assistance by the PTAB, for either the Orange Book or the services of the Professional Technical Advisor, is available at no cost to the owner. Send requests for assistance to ptab@acecnm.org, call , or fax your RFP to For more information on QBS or to request a presentation on QBS, contact ptab@acecnm.org. 5