MEMBER UPDATE
November 3, 2011
COMPLIANCE WITH QBS REQUIREMENTS
WHEN RESPONDING TO RFPs/RFQs
Firms should ensure that all project managers and other personnel who have authority to submit responses to RFQs are fully aware of the rules of the Texas Board of Professional Engineers (TBPE) regarding what can and cannot be submitted.
The state's Professional Services Procurement Act provides that governmental entities must procure engineering services on the basis of competence and qualifications; the Act establishes a two-step process for ranking firms on the basis of qualifications, then negotiating a fair and reasonable price. The TBPE is empowered to ensure compliance with this law by licensees. The rules of the Board provide that
A licensed engineer shall not submit or request, orally or in writing, a competitive bid to perform professional engineering services for a governmental entity . . . and shall report to the board any request from governmental entities and/or their representatives that request a bid or cost and/or pricing information or any other information from which pricing or cost can be derived prior to selection based on demonstrated competence and qualifications to perform the services.
For the purposes of this section, competitive bidding to perform engineering services includes, but is not limited to, the submission of any monetary cost information in the initial step of selecting qualified engineers. Cost information or any other information from which cost can be derived must not be submitted until the second step of negotiating a contract based on a fair and reasonable cost.
We have seen several situations in recent months where entities have requested, and firms have provided, the estimated number of hours by personnel and task necessary to complete the project. Entities are using this sort of information as a surrogate for price bidding. We believe the rules of the Board clearly prohibit the submission of this information as "information from which cost can be derived". ACEC TEXAS has recently filed a complaint against a P.E. public works director who requested this sort of information and we are considering actions against firms that responded.
In some cases, firm principals who understand the requirements were not aware of what was being submitted. We encourage you to make sure your staff engineers are knowledgeable of the requirements. We also encourage you to notify Peyton McKnight at ACEC TEXAS when you hear of similar requests so that we can work to get them corrected prior to submission deadlines.
ALTERNATE PROJECT DELIVERY AND INNOVATIVE FINANCE CONFERENCE SOLD OUT
The 2011 Alternate Project Delivery and Innovate Finance Conference next week November 8 is sold out. If you wish to be included on a waiting list contact Michael Hancock at 512.474.1474.
IN THE NEWS
Go to Infrastructure News on www.acectx.org for news articles on engineering, infrastructure, construction, transportation, environmental issues and more, including:- Senators grill former official about HNTB disaster relief contract.
- Texas drought endangers power projects.
- MWH global picks new president, CEO.
- North Texas officials pledge to speed up light rail from downtown FW to Alliance.
- Ronald Reagan supported tax funded infrastructure spending to create jobs.
- Project to improve 290 in Houston approved.
- US construction spending rose 0.2 percent in September.
- How do TxDOT's salaries compare with other agencies?
- Travis County bond package merits a "yes" vote.
- California high-speed rail project to cost $98 billion in new estimate.
- Houston economy keeping a steady pace.
- and more . . .
1001 Congress Ave., Suite 200 - Austin, Texas 78701
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