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Hiring Architects and Engineers in Missouri

Missouri Association of Rural Educators. PART 1. Hiring Architects and Engineers in Missouri. Selecting Contractors and Architects. Dwight Dickinson, AIA. Difference Between: Professional Services Construction Labor and Material. Selecting Contractors and Architects. Competitive Bidding.

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Hiring Architects and Engineers in Missouri

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  1. Missouri Association of Rural Educators PART 1 Hiring Architects and Engineers in Missouri Selecting Contractors and Architects Dwight Dickinson, AIA

  2. Difference Between: Professional Services Construction Labor and Material Selecting Contractors and Architects

  3. Competitive Bidding • “Price-Based” Selection • Bonded • Lowest Bid

  4. Competitive Bidding Law • RSMo. 8.250. • All contracts for projects over $25,000, entered into by any officer or agency of this state • “shall be let to the lowest, responsive, responsible bidder or bidders”

  5. What Are They Bidding On?

  6. Plans and Specifications

  7. Quality Public Buildings

  8. Professional Services

  9. Professional Services

  10. Professional Services

  11. QBS – Qualifications Based Selection • Qualifications is the sole basis for selection • Followed by Negotiation on “fair and reasonable” price • For Scope of Services

  12. Why Not Use Price? • Cost “taints” the selection process. • Firms may tend to look more qualified when it is known they are also lower in price than another firm. • Keeping price out of the selection process eliminates potential for a distorted view of qualifications.

  13. The Brooks Act 40 U.S.C.A. § § 541-544

  14. Brooks Act • Requires QBS for Federal procurement of A/E design services. • Rep. Jack Brooks (D-TX) introduced the Architect-Engineer Selection Act (1972). • Later expanded to include surveying and mapping. • Model for procurement acts in States (“mini-Brooks Acts”) + the ABA Model Procurement Code.

  15. Purpose • “The system favors selection of the most skilled and responsible members of these professions” • “This system protects the interests of the taxpayers. Having won the competition on the basis of capability, the winning A/E [architect/engineer] must then negotiate his fee.” (1972 U.S.Code Cong. and Admin. News, p. 4774)

  16. Brooks Act • Sec.902. “The Congress hereby declares it to be the policy of the Federal Government to publicly announce all requirements for architectural and engineering services, and to negotiate contracts for architectural and engineering services on the basis of demonstrated competence and qualification for the type of professional services required and at fair and reasonable prices.”

  17. Brooks Act • Sec.904. “(a) The agency head shall negotiate a contract with the highest qualified firm for architectural and engineering services at compensation which the agency head determines is fair and reasonable to the Government.”

  18. 48 States With QBS Laws Alaska Hawaii

  19. 2 States Without QBS Laws VT SD

  20. Missouri’s Mini-Brooks Act

  21. Missouri’s Mini-Brooks Act • Enacted in 1983 • RSMo. 8.285 to 8.291 • Applies to: • State of Missouri • Political subdivisions of the State • Their agencies

  22. Missouri’s Mini-Brooks Act • Covers • 1) Architectural services • 2) Engineering services • 3) Land Surveying services • Construction Management covered under RSMo. 8.675 to 8.687

  23. Missouri Policy • “8.285. It shall be the policy of the state of Missouri and political subdivisions of the state of Missouri to negotiate contracts for architectural, engineering and land surveying services on the basis of demonstrated competence and qualifications for the type of services required and at fair and reasonable prices.”

  24. Qualifications Statements • 8.289. Each agency “shall encourage firms to annually submit a statement of qualifications and performance data to the agency”

  25. Qualifications Statements • 8.289. When a project is proposed the agency is to evaluate • 1) current statements of qualifications and performance data of firms on file; and • 2) those that may be submitted by other firms regarding the proposed project.

  26. Not Just A Beauty Contest

  27. Four Evaluation Criteria • 8.289. The agency “shall use” this criteria: • (1) The specialized experience and technical competence of the firm with respect to the type of services required; • (2) The capacity and capability of the firm to perform the work in question, including specialized services, within the time limitations fixed for the • completion of the project;

  28. Four Evaluation Criteria • 8.289. The agency “shall use” this criteria: • (3) The past record of performance of the firm with respect to such factors as control of costs, quality of work, and ability to meet schedules; • (4) The firm's proximity to and familiarity with the area in which the project is located.

  29. Short List • 8.291. • 1. The agency shall list three highly qualified firms • Then select the firm considered best qualified and capable of performing the desired work • . . . and negotiate a contract for the project with the firm selected

  30. Negotiations • 8.291. • 2. For a basis for negotiations the agency shall prepare a written description of the scope of the proposed services.

  31. School Board

  32. Successful Negotiation

  33. Failed Negotiations • 3. If the agency is unable to negotiate a satisfactory contract with the firm selected, negotiations with that firm shall be terminated. • The agency shall then undertake negotiations with another of the qualified firms selected. • If there is a failing with the second firm, negotiations with such firm shall be terminated. Then undertake negotiations with the third qualified firm.

  34. Start Over • 4. If the agency is unable to negotiate a contract with any of the selected firms, the agency shall: • Reevaluate the necessary services, including the scope and reasonable fee requirements • Again compile a list of qualified firms and proceed in accordance with the provisions of sections 8.285 to 8.291.

  35. 2007 Senate Bill 322 • Passed a law SB 322 reinforcing the state’s Mini Brooks Act • Mandates that a Qualifications Based Selection (QBS) process for professional services be implemented for all political subdivision (i.e. municipalities, school districts, and all other divisions of land established by state law as a district) within the state.

  36. Effective Aug. 28th 2007 “Opts Out” Changed • Effective Aug. 28th 2007, SB 322 requires any political subdivision that “opts out” of the law must nonetheless adopt, “a qualification-based selectionprocedure commensurate with state policy”. • This change in the law reaffirms the need to follow the QBS process for all political sub-division projects.

  37. Exceptions • RSMo. 227.107. MoDOT Design-Build • Permits Two-Phase Selection • Qualifications + Price “The provisions of sections 8.285 to 8.291, RSMo, shall not apply to the procurement of architectural, engineering or land surveying services for the design-build highway project.”

  38. Exceptions • RSMo. 8.675 to 8.687. • Construction Management • Qualifications + Price • 8.681. Allows consideration of “fees for overhead and profit” along with long list of qualifications.

  39. Missouri Association of Rural Educators PART 2 How to Work withYour Architect Hiring Architects and Engineers in Missouri Dwight Dickinson, AIA

  40. Architects are Trained to Solve Problems!

  41. SERVICES PROVIDED BY THE ARCHITECT: Project Administration and Management Services Evaluation and Planning Services Design Services Bidding and Negotiation Services Contract Administration Services Facility Administration Services Visit www.aia.org for specifics

  42. PROJECT MANAGEMENT AND ADMINISTRATION SERVICES: Project Administration Coordination of Disciplines / Document Checking Governmental Agency Consulting / Review Approval Schedule Development / Monitoring of Work Evaluation of Budget / Preliminary Estimate Presentation Construction Administration

  43. EVALUATION AND PLANNING SERVICES: Programming Functional Relationships / Flow Diagrams Existing Facilities Assessment Surveys Marketing Studies Site Analysis & Selection

  44. EVALUATION AND PLANNING SERVICES: continued Environmental Studies and Reports (By Others) Zoning Process Assistance Facility and District-wide Master Planning

  45. DESIGN SERVICES: Architectural Structural Mechanical Electrical Civil Landscape Interior Design Special Design Materials Research and Specifications

  46. BIDDING AND EVALUATION SERVICES: Bidding of Construction Documents Addenda / Responding to Bidder Inquiries Analysis of Alternates / Substitutions Bid Evaluation Recommend Contract Award

  47. CONTRACT ADMINISTRATION SERVICES: Submittal Review and Rejection of Defective Work On-site Visits Full-time On-site Project Representatives Testing and Inspection Administration Quotation Requests / Change Orders Interpretations and Decisions Project Close-out

  48. FACILITY ADMINISTRATION SERVICES: Maintenance and Operational Programming Start-up Assistance Record Drawings Warranty Review Post Occupancy Evaluation

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