Virginia Community College System Construction and Professional Services Manual November 2009

Virginia Community College System Construction and Professional Services Manual November 2009

Background The Restructured Higher Education Financial and Administrative Operations Act of the 2005 Session of the General Assembly provided for significant restructuring of operational authority for Virginia s institutions of higher education. This legislation granted institutions meeting certain criteria delegated authority in administrative areas including capital building projects, procurement and personnel. The Virginia Community College System (VCCS) met the criteria to obtain the delegated authority and in the first phase of restructuring (known as Level I) implemented policies and procedures in the capital outlay area for leasing, alternative construction procurement, and easement approval. In the 2008 General Assembly Session, legislation was approved to allow institutions meeting certain criteria to gain additional operational authority in two of the three functional areas of capital projects, procurement and information technology management. In this next phase of restructuring, known as Level II, qualified institutions interested in obtaining more delegated authority were entered into memorandum of understanding (MOU) with the appropriate Secretaries in the Governor s cabinet for each of the functional areas for which delegated authority was requested. After the legislation in 2008 was approved, the State Board for Community Colleges authorized the VCCS to seek Level II authority in the functional areas of capital outlay and information technology. On December 21, 2009, the MOUs delegating Level II operational authority to the VCCS for these two functional areas were approved by the Commonwealth. The VCCS is the first institution to be granted Level II delegated authority for capital projects. The Virginia Community College System Manual In accordance with the Act, the State Board for Community Colleges (State Board) adopted policy and procedures to comply with the Act, on November 12, 2009. In accordance with enacted State Board Policy, the Virginia Community College System (VCCS) hereby adopts the Commonwealth of Virginia Construction and Professional Services Manual - 2004 (CPSM), as revised and published by the Virginia Department of General Services (DGS), under the authority of 2.2-1132, Code of Virginia, and as further amended herein by the VCCS as the VCCS-CPSM Manual (referred to hereafter as the VCCS Manual). The VCCS Manual sets forth the standards, policies, terms, conditions, and procedures to be followed by the VCCS, including all departments and colleges, in procuring Capital Professional Services and construction services for all structures which are on property owned by the State Board, to include new construction, and renovations, modifications and additions to existing facilities to comply with the Policy of the Act. Organization of the VCCS Manual A. The VCCS Manual follows the general organization of the CPSM and incorporates all chapters guiding the acquisition, planning and construction of capital and non-capital Intro-1

construction projects. VCCS modifications to sections of the CPSM, in compliance with the Act, precede each chapter, and are identified as VCCS Amended Section in italics. B. Unless otherwise noted, the following delegation of authority of approvals and responsibility apply to the VCCS Manual: Referenced Paragraph Subject from 2004 CPSM Authorizations and Responsibilities 2004 CPSM Reference to be Modified VCCS Modifications to 2004 CPSM Delegation of Building Code enforcement Capital Outlay (CO) Forms Bid Form and General Conditions Bid Receipt Date DGS through DEB and DHCD through FM As published by DGS CO-7 and CO-7a Established by BCOM No change Established by the VCCS and BCOM* for Major Capital Projects Building Official Director, DEB No Change Responsibility for determining BCOM; applicable code and Code Director, DEB Interpretations No change Grant Code Modifications and variances to executive orders Director, DGS No Change affecting construction Authorization of Permits and Certificates of Use and Occupancy Director, DEB No Change Plan/Quality Assurance Reviews BCOM Plan/Code Reviews BCOM, DEB No change Fire Safety Reviews BCOM No change Fire Safety Shop Drawing Reviews BCOM System Office Capital Outlay Program Manager No change Building Efficiency Approval Approval of RFP postings less than 21 days Approval of Contractor Bid postings less than 30 days Requests to deviate or modify procedures/requirements Authorization to Specify New Materials, Equipment or Systems Director, DGS Director, BCOM Director, BCOM BCOM/Director, DEB Director, DEB Vice Chancellor for Administrative Services Associate Vice Chancellor for Facilities Management Services Associate Vice Chancellor for Facilities Management Services Capital Outlay Director/Associate Vice Chancellor for Facilities Management Services Associate Vice Chancellor for Facilities Management Services Intro-2

Referenced Paragraph Subject from 2004 CPSM Authorizations and Responsibilities 2004 CPSM Reference to be Modified VCCS Modifications to 2004 CPSM Independent Cost Estimator Permission to negotiate with low bidder Alternative Construction Delivery Method (Construction Management; Design Build) Modification of General Terms and Conditions/Bid Form/Contract Forms Approval of Liquidated Damages Authorization of Proprietary and Sole Source Specifications Informal Alternative Dispute Resolution; Submitted to and mediated by Budget/Scope Approval Authorization to Award a Construction Contract Scope Changes Change Order Approval, up to $50k or 25% (whichever is greater) Change Order Approval, in excess of $50k or 25% (whichever is greater) As required by the CPSM Manual and/or BCOM Director, BCOM Director, DEB Director, DEB Director, DEB Director, DEB Agency head or his Designee DEB/DGS/DPB Director, DEB Agency head or his Designee Governor or his Designee No Change Associate Vice Chancellor for Facilities Management Services Associate Vice Chancellor for Facilities Management Services Associate Vice Chancellor for Facilities Management Services where allowed by Statute Associate Vice Chancellor for Facilities Management Services Associate Vice Chancellor for Facilities Management Services Vice Chancellor for Administrative Services Associate Vice Chancellor for Facilities Management Services/ Vice Chancellor for Administrative Services Associate Vice Chancellor for Facilities Management Services Vice Chancellor for Administrative Services Associate Vice Chancellor for Facilities Management Services Chancellor DGS DEB DHCD FM BCOM BCOM* DPB Department of General Services Division of Engineering and Buildings Department of Housing and Community Development Facilities Management Bureau of Capital Outlay Management Approval per Acts of Assembly Department of Planning and Budget Intro-3

CHAPTER 1, VCCS AMENDMENT SECTION 100.0 GENERAL The Commonwealth of Virginia Construction and Professional Services Manual 2004 is written for those who have a basic knowledge and understanding of the building design and construction process and its terminology. State policies, standards and procedures for procurement of services, procurement of construction and contract management and administration differ from those used in the private sector and those used by agencies of the Federal Government. The policies stated herein are those of the Commonwealth of Virginia and are to be used by state agencies for construction on property owned by the Commonwealth subject to any delegations and/or authorizations which may be in effect for a particular agency. The CPSM, as revised and hereby amended (hereafter referred to as the VCCS Manual) consists of 17 Chapters and Appendices A through Z and contains policies, procedures and guidance that state agencies must follow in the planning, design, and execution of both capital outlay and non-capital outlay projects. The Construction and Professional Services Manual - 2004 for Architects and Engineers as revised and hereby amended (hereafter referred to as the A/E Manual) consists of the first 10 Chapters of the VCCS Manual and Appendices A through Z. The A/E Manual and all revisions thereto, shall be incorporated into the Contract Between the Owner and the Architect/Engineer in their entirety, except as amended or superseded in the Contract or an addendum thereto. Architects/Engineers (A/E) must follow these policies, procedures and guidance stipulated in Chapters 1 through 10 in providing services to state agencies in the planning, design, and execution of both capital outlay and non-capital outlay projects unless otherwise exempt in writing by the Contract or its MOU. SECTION 101.0 MANUAL DESCRIPTION The contents of the VCCS Manual are directive in nature. Deviations from the policy and procedures outlined within shall be requested by the college and must have prior approval of the Associate Vice Chancellor for Facilities Management Services (AVCFMS) or his Designee, the Director of the Division of Engineering and Buildings, Department of General Services, where warranted, or his Designee. 101.1 The VCCS Manual is designed to present the project acquisition process from advertisement for A/E services to project completion (occupied building). The VCCS Manual is arranged in a sequence that parallels this project acquisition process. The VCCS Manual including errata corrections will be posted on the VCCS Department of Facilities Management Services (FMS) Website, and the Bureau of Capital Outlay Management (BCOM) Website, where warranted, and may be downloaded and printed by the users. Division of Engineering and Buildings (DEB) Directives concerning construction and professional services, will be reviewed and revised as necessary by FMS and DEB Directives concerning the application of the Virginia 1-1

Uniform Statewide Building Code (VUSBC) to buildings on state property will be posted on the BCOM Website and the FMS Website when issued. 101.2 Revisions to the VCCS Manual will be issued electronically by posting on the FMS Website. Changes or revisions will be marked or identified in the VCCS Manual where they occur. The revision package will contain a summary sheet generally describing the changes or revisions made and the summary sheet will describe the marking or identification used with that revision. The summary sheet will be numbered and dated. The summary sheet will become a permanent part of the VCCS Manual and is to be placed after the Table of Contents and before this chapter and before any previous summary sheet. Paper copies of the revisions will not be issued. 101.3 The VCCS Department of Facilities Management Services is responsible for maintenance of the VCCS Manual and the A/E Manual. Suggestions for changes or clarifications, and questions should be addressed to: Virginia Community College System Department of Facilities Management Services 101 North 14 th Street, 16 th Floor Richmond, Virginia 23219 Or preferably e-mailed to: No printed copies will be made available. 101.4 Italics: The material that appears in italics in Chapters 1 through 10 of the VCCS Manual are instructions and/or guidance to the VCCS and are not part of the Contract between the Owner and the A/E. Chapters 11, 12, 13, 14, 15, 16 and 17 contain instructions and guidance to the VCCS. These Chapters are not part of the Contract between the Owner and the A/E. They appear in standard type rather than italics for ease of reading. Appendices A through Z are a part of both the VCCS Manual and the A/E Manual and shall be used by the A/E for their intended purposes in providing the services required by the Contract between the Owner and the A/E. SECTION 102.0 MANUAL ORGANIZATION The VCCS Manual is organized as follows: 102.1 Chapter 1 provides an introduction to and overview of the VCCS Manual and establishes the design and life cycle cost philosophy of the Commonwealth for its Capital Outlay Program. 1-2

102.2 Chapter 2 acquaints users of the VCCS Manual with the Capital Outlay, contractual and procurement terminology used in the VCCS Manual and its forms. 102.3 Chapter 3 contains the general terms and conditions for professional services contracts. 102.4 Chapter 4 describes the procedures used by agencies for procuring professional services. 102.5 Chapter 5 provides guidance on basic and additional A/E services as part of the standard contract for A/E services. 102.6 Chapter 6 contains guidance for calculating and determining fees for A/E services. 102.7 Chapter 7 contains applications of the VUSBC which as DEB Standards are mandatory to apply to the design of building construction on state property, technical design criteria, and DEB policy affecting the design and construction of state facilities. 102.8 Chapter 8 establishes the format for the preparation of design documents and other professional studies by A/Es for Agencies of the Commonwealth. It also contains submittal requirements and approval milestones in the design stages of Capital Outlay projects. 102.9 Chapter 9 describes DEB design, operation, maintenance and procurement guidelines for use in developing plans and specifications for construction and renovation of state facilities and which must be followed unless a waiver in writing is granted by the Director of the DEB. 102.10 Chapter 10 contains procedures for advertising projects, receiving and opening bids, awarding contracts, addressing informalities in bids, and handling bid protests. Chapter 10 also contains the procedures for construction administration, construction change orders, project completion, final inspection, facility occupancy and project close-out. NOTE: The following VCCS Manual chapters are not a part of the A/E Manual and are not a part of the A/E Contract. 102.11 Chapter 11 contains guidance for special procedures such as design build, construction management, prequalification of contractors and delegation of review. 102.12 Chapter 12 contains information on Building Official reviews, permits, certificates and approvals applicable to both Capital Outlay and Non-Capital Projects. 1-3

102.13 Chapter 13 contains requirements for developing Master Plans and Master Site and Utility Plans. 102.14 Chapter 14 contains guidance and procedures for agency planning of Capital Outlay projects and the approval process. 102.15 Chapter 15 contains guidance and procedures for utilization requirements, completion and submittal of the various CO forms applicable to construction for both Capital and Noncapital projects. 102.16 Chapter 16 provides guidance for selecting the Building Committee and describes the duties to be performed by the Committee. 102.17 Chapter 17 contains requirements for reports to be submitted by the Agency to BCOM. SECTION 103.0 CAPITAL OUTLAY vs. NON-CAPITAL OUTLAY PROJECTS 103.1 Capital Outlay Projects, as defined by the Department of Planning and Budget (DPB) Instructions, must be authorized by the General Assembly or by the Governor as provided for in the Acts of Assembly 4-4.00 CAPITAL PROJECTS (also called the Appropriations Act), and as further defined by The Restructured Higher Education Financial and Administrative Operations Act, Chapter 4.10. Capital Outlay Projects use an established authorization and approval sequence for the Design Phase of Project to include: Project Initiation (using the CO-2 or HECO-2), Schematic Design Approval Phase (using the CO-4 or HECO-4), Preliminary Design Approval Phase (using the CO-5 or HECO-5) and Working Drawing or Construction Documents Approval Phase (using the CO-6 or HECO-6). After receiving Bids, Construction Contract Award approval is made using the CO-8 or HECO-8. These forms are also used to track the cost of the project, the commitment of funds and the infusion or transfer of funds for the project. The approval authority for the forms is described in Chapter 14 of the VCCS Manual. 103.2 Non-Capital Outlay Projects, as defined by the Department of Planning and Budget Instructions, are usually small construction, renovation, repair or replacement projects which are funded by Agency resources and do not require authorization by the Legislature and the Governor. Non-Capital Outlay Projects in most cases do, however, involve work regulated by the VUSBC and require a Building Permit from the Building Official or his designee. The design phases and approval process for the Non-Capital Outlay Projects is left to the agency s discretion depending on the project scope. However, the construction documents are required to be approved by the code reviewing authority. The intended completion date and the Contractor s 1-4

name or work to be performed by agency forces must be submitted along with the Application for Building Permit (CO-17A). 103.3 The Construction Phase is similar for both Capital Outlay and Non-Capital Outlay Projects (depending on the project scope) for Building Permits, Change Orders, Project Substantial Completion, and Certificate of Occupancy. The exception is usually that Capital Outlay Projects require submission of revised CO-2 and CO-8 forms for increases in the Contingency amount and for infusions and transfers of funds from BCOM and DPB (See Chapter 14), while noncapital projects do not. The colleges are responsible for ensuring non capital projects, less than $500,000 in cost, are procured, reviewed and permitted in accordance with the requirements of the VCCS Manual. SECTION 104.0 DESIGN PHILOSOPHY The design goal is to create a capital investment that meets the user s functional requirement and provides the most economical life cycle cost. The Commonwealth s and the VCCS design philosophies envision a long and useful life for state buildings. These buildings will often be used for periods exceeding 50 years and, consequently, should be designed for durability, economy of operation and ease of maintenance. Further, 4-4.00 CAPITAL PROJECTS of the Appropriations Act states that Projects shall be developed to meet Agency functional and space requirements within a cost range comparable to similar public and private sector projects. Note that this does not say the best or most expensive nor the cheapest. Building system components should be selected on the basis of life cycle costs. If an increased first or initial cost can be documented to show a reduced life cycle cost for the Commonwealth and the VCCS, particularly for operating and personnel costs, then the design should incorporate the more expensive first cost feature or system. The VCCS must ensure its architects and engineers exercise discipline in their designs to avoid inefficient use of space in terms of floor area and building volume. Exterior design features and materials should be consistent with the architectural character of the surrounding buildings and site. Excessive or grandiose features which are not related to the function or the intended use of the facility shall be avoided. Projects must be designed by the A/E to meet the functional and space requirements within the Design not to exceed budget for the project. Acceptance of a particular design does not imply that other, more cost-effective designs are not acceptable. A former Chairman of the Art and Architectural Review Board (AARB) stated Good architecture can be achieved simply by good design, which implies sensitivity to scale, massing, proportion, materials, detail and even color - none of which necessarily cost more. 1-5

SECTION 105.0 FORMS CO- Forms are listed in Appendix C and CPSM Formats and Samples are included in the various Appendices to the VCCS Manual. Electronic copies of many of these forms, formats and samples are available for download at the DGS Forms Center (URL is http://forms.dgs.state.va.us or http://forms.dgs.virginia.gov) and where warranted, the FMS Website. A link to the Forms Center is also provided on the BCOM Website. More specific instructions are on the form download page. Visit the DGS Forms Center often to download the latest version of CO- forms. SECTION 106.0 INDEX This Manual is posted on the BCOM Website, (URL is http://bcom.dgs.virginia.gov) in.pdf format and is fully text searchable. The VCCS Manual, amending the CPSM, is available on the FMS Website at (www.vccs.edu/facilities) and is also a searchable document. Therefore, no index is provided for the VCCS Manual. 1-6

CHAPTER 2, VCCS AMENDMENT SECTION 202.0 DEFINITIONS The following definitions modify, amend, or clarify definitions included in the CPSM, as revised for Virginia Community College System (VCCS) capital projects. Unless amended herein, all existing definitions included within the 2004 CPSM apply. Whenever used in the VCCS Manual, including their appendices and the standard forms, the following terms have the meanings indicated, which apply to both the singular and plural and the male and female gender thereof: Agency Contracting Officer: The person designated in writing by the Agency Head as being delegated authority to award and sign contracts, change orders and other documents related to a capital outlay project for the Agency. May also be called the Chief Facilities Officer. Capital Project: The acquisition of any interest in land, including improvements on the acquired land at the time of acquisition, new construction of 5,000 square feet or greater or costing between $500,000 and $1 million, and improvements or renovations between $500,000 and $1 million dollars. The term shall not include any capital lease. General Conditions (GC): The General Conditions of the Construction Contract, G.S. Form E&B CO-7, latest edition. Also the General Conditions of the Design Build Contract, G.S. Form E&B CO-7CM for use with design build contracts. Maintenance Reserve Project: A single effort undertaking which involves major repair or replacement to plant, property or equipment, normally costing from $25,000 to $1,000,000. Examples of such projects include: (1) repair or replacement of damaged or inoperable equipment such as elevators, furnaces, plumbing fixtures, air conditioning and ventilation equipment. (2) repair or replacement of components of a plant such as masonry, ceilings, floor, floor coverings, roofs, sidewalks, parking lots, exterior lighting, boilers, and air conditioners. (3) repair or replacement of existing utility systems, such as electrical, water and sewer, and heating & cooling. When replacement of components of utility systems is required (e.g. transformers, distribution panels, cables, etc.), new components should be sized to account for future growth if the existing components are operating at or near capacity. (4) correction of deficiencies in property and plant that are required to conform with building and safety codes or those regulations associated with hazard corrections, including asbestos hazards when incidental to repair/maintenance. (5) correction of problems resulting from erosion and drainage. 2-1

Major Capital Project: The acquisition of any interest in land, including improvements on the acquired land at the time of acquisition, new construction of 5,000 square feet or greater or costing $1 million or more, and improvements or renovations of $1 million or more. The term shall not include any capital lease. Small Business: As used in this VCCS Manual for procurement and reporting of Small Business, Women Owned Businesses and Minority Owned Businesses, Small Business shall mean a Corporation, partnership, sole proprietorship, or other legal entity formed for the purpose of making a profit, which is independently owned and operated, has fewer than 250 employees and the average gross annual receipts for the preceding three years is less than $10,000,000. State Board for Community Colleges: The State Board is the State agency responsible for the establishment, control, administration, and supervision of all community colleges in the Commonwealth of Virginia. VCCS Manual: The short term used for the Construction & Professional Services Manual 2004 (called the Manual), Chapters 1 thru 17 including Appendices A thru Z, and all revisions thereto and further amended herein by the Virginia Community College System as the VCCS-CPSM Manual (called the VCCS Manual). 2-2

CHAPTER 3, VCCS AMENDMENT SECTION 301.0 GENERAL POLICIES ON ARCHITECTURAL AND ENGINEERING SERVICES Section 301.5 JOB POSTING REQUIREMENTS: The Virginia Workforce Network shall be used to post all jobs resulting from ARRA-funded project. Posting is not required where an employer, contractor or subcontractor of an ARRA funded state contract intends to fill the job opening created by ARRA funding with a present employee, a laid-off former employee or a job candidate from a previous recruitment. This requirement is not intended to prevent organizations and companies from also seeking needed employees by other means including industry specific employment programs. 1 SECTION 308.0 A/E LIABILITY INSURANCE, DESIGN ERRORS AND/OR OMISSIONS and RECORDS RETENTION 308.2 DESIGN ERRORS AND/OR OMISSIONS: The A/E shall be responsible for all costs resulting from its errors, omissions, and other breaches of the applicable standards of care established by the A/E Manual and/or under Virginia law including, but not limited to, its own costs for labor and other in-house costs, any resulting Contractor Change Order costs including the costs for demolition, cutting, patching, repairs, removal, or modification of Work that is already in place, any Contractor or Owner delay damages, and any judgments, fines or penalties against the Owner resulting from A/E errors, omissions, and other breaches of the applicable standards of care. However, the A/E shall not be responsible for the cost of the correct equipment or system which should have been originally specified, except the A/E shall be responsible for any increased costs, whether the result of inflation, reordering, restocking or otherwise, of incorporating the corrected Work into the Contractor's Contract Change Order. For the purposes of determining the A/E's share of such costs for Work which has not yet been performed, the cost of Work performed by Contractor's Change Order shall generally be presumed to be 15% greater than if the Work had been included in the Contractor's Contract. The A/E shall have the burden of disproving this presumption. When determining the A/E s contribution for Change Orders attributed to errors and omissions (where the work has not yet been done by the Contractor), the Owner / Agency should also take into account the actions and efforts of the A/E during the construction phase that were above and beyond the scope of its contract to assist the Owner in obtaining a timely, quality product. The Commonwealth of Virginia shall actively pursue reimbursement of costs resulting from the A/E's errors, omissions, or breaches of the applicable standard of care. Upon determination that there may be A/E financial responsibility involved, the A/E shall be contacted by the Owner. The A/E shall be advised of the design deficiency, informed that it is the Agency's opinion that the A/E may be financially responsible, and requested to provide a technical solution to the problem, including cost estimate. Upon notification of potential liability, the A/E should coordinate with the Owner to determine required technical support and timing to minimize delay costs. Pending final decision by the Owner, the A/E will be invited to attend all price negotiations with the Contractor for the corrective work. The A/E shall participate as a non-voting technical advisor to 3-1

the Owner's negotiator. If the A/E refuses to cooperate in the negotiations or disputes its responsibility, the Owner shall have the right to proceed with the remedial construction and/or change order negotiations without the A/E. All changes to the Contract Document, whether to correct errors or omissions, to accommodate unforeseen or differing site conditions, or Owner requested changes, must be made / documented by Change Order, using Form CO-11. A/E may be liable for full reimbursement to the Owner for construction related change orders resulting from errors or omissions. SECTION 310.0 OWNERSHIP OF DOCUMENTS AND MATERIALS Ownership of all materials and documentation including the original drawings and the Plans and Specifications and copies of any calculations and analyses prepared pursuant to the Contract between the Owner and the A/E, shall belong exclusively to the Owner. These materials and documentation, whether completed or not, shall be the property of the Commonwealth of Virginia whether the work for which they are made is executed or not. The A/E shall not use these materials on any other work or release any information about these materials without the express written consent of the Owner. Such material may be subject to public inspection in accordance with the Virginia Freedom of Information Act. Security-related documents and information are excluded from the Act unless a specific need to know can be shown. Trade secrets or proprietary information submitted by a bidder, offeror, or contractor in connection with a procurement transaction shall not be subject to disclosure under the Virginia Freedom of Information Act, provided the bidder, offeror, or contractor invokes the protections of 2.2-4342.F., Code of Virginia, prior to or upon submission of the data or other materials, identifies the data or materials to be protected and states the reason why the protection is necessary. The A/E shall provide the following documents to the Owner at the completion of the A/E's work: - original sealed and signed drawings - original copy of the specifications - copy of analyses made for the project - indexed copy of the calculations made by each discipline for the project - the Owner copy of all shop drawings, submittals, cut sheets, operation and maintenance instructions, parts lists, and other material related to the project. The Commonwealth of Virginia, as owner of the documents prepared for its projects, has the right to use the project documents as a prototype to demonstrate scope, size, functional relationships, etc., to an A/E designing a similar project. The A/E for the original project design shall not be responsible or liable to the Owner for any such use of the documents. The A/E for the similar project shall be responsible for providing a complete set of project and location-specific "Final Documents" with its seals and signatures which meet all applicable codes and standards in effect at the time those "Final Documents" are submitted. 3-2

SECTION 312.0 REQUIREMENTS FOR A/E SEALS AND SIGNATURES Working Drawing Sets submitted to the VCCS and BCOM for review are expected to be complete documents ready for bidding. All drawings except the cover sheet shall bear the seal of the responsible licensed professional. The Cover Sheet shall show a complete list of the drawings in the set, but a seal and signature are not required at this submission. 1 DEB Notice 073009, addition 301.5 3-3

CHAPTER 4, VCCS AMENDMENT SECTION 401.0 GENERAL POLICY ON PROCURING A/E SERVICES The Virginia Public Procurement Act (Code of Virginia, 2.2-4300 through 2.2-4377) sets forth the general parameters for the procurement of professional services. The sections in this chapter provide further definition of the requirements for procurement of professional services. The policy of the Commonwealth of Virginia is to contract with a single entity in acquiring the full range of disciplines necessary to provide the services identified for the project. The entity may be an Architectural & Engineering firm with in-house capabilities in all disciplines or it may be an Architectural firm or it may be an Engineering firm (or a Land Surveying firm) which subcontracts for disciplines not in-house. All of the above entities have an equal opportunity to compete for projects. Consideration will be given to the proposer which demonstrates it has the ability to meet the criteria in the RFP and is best suited to provide the services for the project. In any case the proposer will be referred to as the Architect/Engineer (A/E) and will be required to provide the complete services indicated in the contract with all disciplines coordinated. The person having overall responsibility for the project management and coordination of disciplines may be either a licensed Architect or Professional Engineer. A licensed Architect shall be in charge of planning and design of the Architectural aspects of the project. A licensed Engineer competent in that particular discipline shall be in charge of each discipline of the Engineering aspects of the project. The Architect or Engineer shall be registered and licensed by the Virginia Department of Professional and Occupational Regulation (DPOR) in accordance with requirements of the Code of Virginia. The Associate Vice Chancellor for Facilities Management Services (AVCFMS) shall serve as the Agency Contracting Officer, who shall be responsible for the administration and supervision of the agency s capital outlay and construction program. This designee shall be responsible for assuring that the Agency conforms to the policies and procedures in the VCCS Manual for the procurement and administration of professional and nonprofessional service contracts and for the procurement and administration of construction contracts. SECTION 402.0 PROCUREMENT OF RELATED SERVICES The following types of services are typically required for capital outlay projects and for building planning, construction and renovation projects: 402.1 Professional: Land surveyors, geotechnical engineers, soils engineers, or any service requiring the use of a licensed architect, engineer, or surveyor are by state law considered to be and shall be procured as Professional Services as outlined in this Manual. 402.2 Nonprofessional: Cost consultants, interior design services, soils testing, concrete testing, project management, project administration, inspection/clerk of the works, and other services which may be performed by either licensed or non-licensed architects, engineers or others are 4-1

considered to be Nonprofessional Services and shall be procured using procedures contained in Chapter 7 of the DGS, Division of Purchases and Supply, Agency Procurement and Surplus Property Manual. SECTION 403.0 PROJECT SCOPE OF WORK Once the Agency determines the need for professional services, a Scope of Work will be prepared to identify or outline the services required, to identify the criteria, limitations and parameters for the services, and to describe the product(s) expected. The Scope may range from very general to very specific and will usually reference the Manual, the State Budgeting Instructions, the Building Code and/or other standards for the specific related requirements. SECTION 404.0 REQUEST FOR PROPOSAL (RFP) The Request for Proposal (RFP) will indicate in general terms the nature of the project and the architectural and/or engineering services which are sought, show the factors which will be used in evaluating the responses, incorporate by reference the Manual including the contractual terms and conditions contained therein, and set forth specifically any additional contractual terms and conditions. The RFP will state any unique capabilities or qualifications which will be demanded of the A/E. Each respondent to the RFP agrees to provide all the architectural and/or engineering services with respect to the project that are set out in the Manual and the RFP. The RFP may specify the method to be utilized during negotiations in arriving at the fee amount for services; however, it will not call for Proposers to furnish estimates of manhours, labor rates, or cost for services with their qualification proposals. If no method is specified, the respondents may propose methods for negotiating the fee amount. Each respondent shall submit ARCHITECTURAL/ENGINEERING FIRM DATA (pages AE-1 through AE-6) in response to the RFP and include the data and qualifications of any A/Es to be associated with it on the Project. Responses which do not include the Forms AE-1 through AE-6 and/or do not include the requested information and data may be considered as Not Responsive to the RFP. Sample RFP Formats for A/E services are located in Forms Center website. URL is http://forms.dgs.virginia.gov. Proprietary information from respondents will not be disclosed to the public or to the competitors provided such proprietary information is appropriately properly identified, as required by Code of Virginia, 2.2-4342.F, in the RFP response. SECTION 405.0 ADVERTISEMENTS FOR PROFESSIONAL SERVICES 405.1 Notice: Public notice of the RFP shall be given a minimum of 10 days prior to the date set for receipt of proposals. Public Notice of RFPs for A/E services for Capital Projects and for Term A/E Contracts shall be posted for at least 21 days unless a shorter time but not less than 10 days is justified and approved in writing by the Agency s Contracting Officer. The written justification and approval shall be a part of the official procurement transaction record. 4-2

Public notice of any RFP shall be given by the following methods: 1) By posting a copy of the notice in a public area normally used by the Agency for posting such notices; and 2) By publication of a notice on the On- Line Bids page of eva, Virginia's central electronic procurement website. The URL is http://vbo.dgs.state.va.us, and 3) By publication of the notice in a newspaper of general circulation statewide and/or in the general area of the project. The public notice will show the name, address, phone and fax number to be used to obtain a copy of the RFP. SECTION 406.0 and MINORITIES SMALL BUSINESSES and BUSINESSES OWNED BY WOMEN On proposals for Contracts with a fee, or accumulation of fees, expected to exceed $100,000, the A/E shall be required to submit with the RFP response, a report of past efforts to utilize the goods and services of such businesses and plans for involvement on the proposed contract. By submitting such information with their proposal, proposers certify that all information provided is true and accurate. If a proposer fails to submit all information requested, the purchasing agency may require prompt submission of missing information after the receipt of A/E proposals. Failure to provide information required by the RFP will ultimately result in rejection of the proposal as non-responsive. See DGS-30-360 form on the Forms Center for format and data requirements. The following data is required on each small business, women-owned business and minorityowned business: (1) Type of ownership and DMBE Certification Number, if certified (2) utilization in the most recent twelve (12) months of DMBE certified firms, and (3) planned involvement or services to be performed by DMBE certified firms on the proposed project. (The formats for submission of this data are included at Forms Center website. URL is http://forms.dgs.virginia.gov.) On contracts for professional services which exceed $100,000 in total gross fees, the A/E is required to submit reports on the involvement of small businesses and businesses owned by women and minorities in the work or in support of the work on this contract. See Agency Contracting Officer for agency specific requirements. SECTION 407.0 STANDARD FORMATS FOR RESPONSES TO RFPs Standard formats for responding to Requests For Proposals (RFPs) provide a uniform forum for the A/E to present both the historical data on A/E firm and the project specific qualifications and help streamline the agency s review and evaluation process. Using standard formats also reduces the effort and expense of responding to RFPs and provides uniformity in the type information requested. Capital Outlay Forms AE-1 through AE-6, ARCHITECTURAL/ENGINEERING FIRM DATA, have been structured to obtain information on the responding A/E that is pertinent 4-3

to the RFP. Agencies shall require that A/Es responding to Professional Service RFPs use these forms for their responses. Required additional or supplemental information shall be provided as requested in the individual RFP. Form AE-1 provides historical data on the firm to include firm name, location, type of ownership, size, previous name(s), principals, type of personnel, consultants proposed, Professional Liability Insurance coverage, disadvantaged business utilization proposed, and variety of past project experience data. Form AE-2 provides information on the proposed consultants for the particular project. Form AE-3 provides information on the personnel proposed to be assigned to the project and a narrative of the methodology to be used for providing the services and for quality assurance. Form AE-4 provides information on the individual qualifications, experience and expertise of the key personnel proposed to be assigned to the project. Form AE-5 provides specific data on similar projects or projects with similar features on which the A/E and/or its consultants have provided services. Form AE-6 offers the A/E a forum for a narrative describing particular capabilities, expertise, project approach, current workload, and other information supporting the firms qualifications for the project. Blank copies of the AE-1 through AE-6 forms are downloadable from the DGS Forms Center. URL is http://forms.dgs.virginia.gov A/Es interested in being considered by an agency for Emergency Procurements and Small Purchase Procurements should file with each marketed agency a generic copy of Forms AE-1 through AE-6 indicating consultants often used, current staff with qualifications, typical or representative projects, and a narrative summary of the firm s capabilities. Such forms should be updated at least annually. SECTION 408.0 A/Es PROCEDURES FOR QUALIFICATIONS BASED SELECTION OF 408.1 General: In the event of a bonafide emergency, the Agency may use Category A, Emergency Selection Procedures, to select a qualified and suitable A/E, negotiate a fee, and award a contract to provide the emergency services. Each Agency using Category B - Small Purchase Procurement procedures for services with a total fee, including reimbursables, less than $50,000 shall receive and maintain statements of interest and qualification statements on Forms AE-1 thru AE-6 from A/Es interested in serving the agency on such small service contracts. Selections of A/Es will be made from those A/Es 4-4

having their qualification statements on file with the agency. Qualification statements should be less than one year old and reflect the current status and qualifications of the A/E. If the total A/E fee, including reimbursables, is expected to exceed $50,000, the Agency shall advertise and utilize the Standard Category C RFP procedures to select an A/E. The Agency Building Committee, either as a whole or through an appointed screening subcommittee, will review and evaluate the responses to the RFP in relation to the criteria listed in the RFP. This screening process will identify the three to five (or more) A/Es which appear best suited by experience, qualifications, project approach and other factors and those A/Es will be recommended for telephonic or personal interviews. The Building Committee will conduct interviews with three to five of the top-ranked firms. The interviews should be scheduled to allow sufficient time for a presentation by the firm, a question/answer period permitting the Committee to query the A/E on specific factors to be evaluated, and time for a brief closing summary to permit the A/E to highlight why it should be selected. After the interviews, the Committee will rank the firms interviewed and conduct competitive fee negotiations with the top-ranked firm, as authorized or directed by the Agency head. If a satisfactory fee, schedule and terms can be negotiated with the top-ranked firm, a contract will be awarded. If not, negotiations with the top-ranked firm will be terminated in writing and negotiations begun with the firm ranked number two and so on. Notice of Intent to Award: Once the fee negotiations are complete, the Agency shall Post a Notice of Intent to Award at the place the agency uses for posting notices. Proposers not selected have 10 days from the date of posting in which to file a written protest of the award of the Contract. In addition the agency may also post such notices on their Electronic Website and/or the DGS central electronic procurement Website. The Agency shall post a Notice of Award in like manner when the contract is successfully awarded. For Term A/E Contracts, the Building Committee should determine the disciplines or categories of contracts to be solicited and issue an RFP for each discipline or category. Even though a proposer may qualify and be interviewed for a contract in more than one discipline or category, the A/E can be awarded only one Term A/E Contract with the Agency for that period. SECTION 409.0 Procurement) PROCEDURES FOR CATEGORY A ( 2.2-4303.F. - Emergency In the event of a bona fide emergency, the selection may be made without regard to use of the usual Professional Services Procurement procedures: 409.1 A written determination shall be signed by the Chancellor, College President or Vice Chancellor for Administrative Services documenting the nature and basis of the emergency and authorizing procurement of A/E services (and related corrective work, if applicable) on an emergency basis. 4-5 6/10

409.2 The College or VCCS System Office staff should telephonically contact one or more A/E firms who have demonstrated a capability to do the necessary work in a timely manner (either through previous contracts or on their Forms AE-1 through AE-6). The College or VCCS System Office staff should describe to the A/E the nature of the work and the necessary time frame for accomplishing the work. A commitment should be requested from the firm(s) that if it is selected for the work, it will provide the services within the required time frame. 409.3 The College or VCCS System Office staff shall negotiate with the selected firm to establish a fee for the work on a LUMP SUM basis or on a UNIT COST (hourly rate) basis with a NOT TO EXCEED AMOUNT. 409.4 The College or VCCS System Office staff shall award a contract using Form CO-3 or CO- 3.2 for the work and shall issue and post a written notice stating that the contract is being awarded on an emergency basis, identify the work being procured, identify the firm selected and the date of award of the contract. Post / publish the notice on the Solicitations & Awards (VBO) page on eva, Virginia's central electronic procurement website. The URL is http://www.eva.state.va.us. 409.5 The Agency VCCO shall retain a copy of the signed Form CO-3 or CO-3.2, a copy of the Emergency declaration, and supporting justification for review by external agencies if requested to verify compliance with policy.. 409.6 Issue a Purchase Order in eva referencing the Contract CO-3 or CO-3.2 SECTION 410.0 PROCEDURES FOR CATEGORY B (Code of Virginia, 2.2-4303.H, Small Purchase Professional Service Procurements with Total Fee Less Than $50,000) If the total fee including reimbursable expenses will be less than $50,000, the Agency may use the following Small Purchase Professional Service Procurement Procedures. (Note: Agencies are encouraged to utilize the services of qualified Virginia based small businesses and businesses owned by women or minorities for Category B procurements.) 410.1 If the total fee including reimbursable expenses will be less than $50,000, the following procedure may be used to procure the A/E services: (1) Advertise/post notice at least once a year requesting qualifications from A/Es interested in providing services to the agency on small projects where the fee will be less than $50,000. (2) The Request For Qualifications (RFQ) should be similar to an RFP which lists information desired, the general types of work to be procured using these procedures, etc. (3) Require A/E response to RFQ to include Forms AE-1 through AE-6 emphasizing their qualifications for the type of small projects they seek to be considered for. 4-6 6/10

(4) Statements of Qualifications (Forms AE-1 through AE-6) and RFQ responses shall be accepted at anytime to allow new firms to be considered for work and to allow A/Es to update their qualification forms to show current information. (5) Agencies using this Category B procedure shall sort RFQ responses/interest packages, establish a listing of responding A/Es by qualification or discipline/capability, and file RFQ responses by category for use in selecting A/Es for interview. (6) When the Agency desires to select an A/E by Category B procedures, the Agency shall: (a) Identify, from a list of firms that have expressed an interest in doing work for the Agency and which have Form AE-1 through AE-6 on file with the Agency and which appear to be qualified and suitable to render the required services, not less than three A/Es for interviews. (b) Conduct telephone or personal interviews with representatives of the three A/E s to determine current personnel qualifications, location relative to the work, expertise, workload, capability to meet the proposed schedule, past performance on similar projects and ability to provide the service within budgeted costs. (c) Consideration should be given to number and value of previous agency and state contracts awarded to each firm. (One method would be to assess negative points for each previous Category B contract awarded to the A/E during the last 12 months.) Agencies shall consider the opportunity to maximize the participation of qualified Virginia firms interested in doing such work for the Commonwealth and to avoid favoritism or the appearance of favoritism. (d) Rank order A/Es and negotiate fee for service using competitive negotiation procedures. Repeated selection of the same A/E firm for these small purchases violates the intent of these procedures. (e) Award a contract and post notice of same. Post / publish the notice on the Solicitations & Awards (VBO) page on eva, Virginia's central electronic procurement website. The URL is http://www.eva.state.va.us.. (f) Use Contract Form CO-3.2, and forward a copy of the signed contract to DEB. (g) Issue a Purchase Order in eva referencing to the Contract CO-3.2 410.2 If the total fee including reimbursable expenses will be less than $5,000.00, this small purchase process will allow the VCCO to select and call only one qualified A/E from the list of firms that have expressed interest. Repeated selection of the same A/E firm for these small purchases violates the intent of these procedures. (a) Consideration should be given to the number and value of previous agency and state contracts awarded to each firm. Agencies should consider the opportunity to maximize the participation of qualified Virginia firms interested in doing such work for the Commonwealth 4-7