Quality Based Selection

1
Quality Based Selection

• The Brooks Act and You

2
Brooks Act

• "POLICY "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.

3
The Brooks Act

• Public Law 92-582
• 92 Congress, H.R.12807, October 27, 1972
• 40 U.S.C. 471, et seq. amended to include
• Title IX Selection of Architects and Engineers

4
Federal Acquisition Regulations (FAR)

• Subpart 36.6 Architect-Engineer Services
• References Public Law 92-582 as amended 40
  U.S.C. 541-544
• References Public Announcement, Competition,
  applicable contracting procedures,
  implementation, selections and criteria,
  evaluations, selection authority, cost and price
  estimate, negotiations by scope and price, design
  within funding limitations, work performed by
  Architect-Engineer

5
New Mexico Procurement Law

• GSD and NMAC Procurement Code Regulations 1.4.1
• New Mexico Statutes for Competitive Proposals
  Chapter 13, Public Purchases and Property
• Specifically for Competitive sealed
  qualifications based proposals architects
  engineers landscape architects surveyors
  selection process in Section 13-1-120
• Special attention to Section13-1-122, awards and
  contract scope and price negotiations

6
PSSC formed by Rule

• 18.28.3.6 OBJECTIVE To create a professional
  services selection committee to serve as the
  selection committee for transportation projects
  of the New Mexico department of transportation
  using competitive sealed qualifications based
  proposals. This selection committee is necessary
  in order for the New Mexico department of
  transportation to fulfill its duties and
  responsibilities by effectively and continuously
  managing and conducting its work on
  transportation projects through the procurement
  process.
• 18.28.3.6 NMAC - Rp, 18 NMAC 28.3.6, 12/01/2004

7
NMDOT QBS Process

• Public Announcement of RFP
• Preproposal Meeting
• Proposal Due date and location
• Selection of A-E firm on Qualifications-not price
• Contract scope and price negotiations ( when in
  the contract negotiation phase price is a
  consideration and negotiations can be terminated
  if agreement is not reached, and new negotiations
  will be initiated with the next qualified firm)
• Contract Price Negotiations practice is
  documented in all laws referenced in previous
  slides
• Contract Execution-
• Notice to Proceed
• Contract/Project Management - Management
  Responsibility-PDE and Regional Manager

8
Overall Process

• From STIP process- Projects recommended
• Annual Budget Developed for Consulting is an
  estimate of Project needs based on On-going
  Status or New RFP.
• Project List tabularized and allocated to
  maximize fund categories
• Consultant Program Submitted to Steve Harris for
  approval and processed to Planning
• RFP Development by PDE/Region for Scoping and
  Advertising of Project.
• RFP Scheduled and Placed on NMDOT Website by CMU.
• Instructions to Offerers (ITO) Final RFP
  written and given to CMU for publication on
  website.
• Legal Advertising on statewide newspapers and
  Internet
• Pre-Proposal Meeting Scheduled
• Proposals Received

9
Overall Process Continued

• Proposals Accepted by CAS and sent to CMU who
  distribute to PSSC.
• Proposals Evaluated by PSSC for project award
  recommendation
• Apparent Selection sent to Steve Harris Andres
  Aragon Viamonte for approval signature
• Consultants notified of selection.
• Price Negotiation with selected Consultant.
• Contract written with Consultant and hopefully
  price fits in budget established for project.
• Notice to proceed written by CMU
• Project Contract Management Responsibility of
  PDE Regional Manager.
• Invoices from Consultant submitted for payment by
  CMU.

10
Amendments for Existing Contracts

• PDE Regional Manager should project needed
  future contract amendments for the next fiscal
  year at least 6-8 months in advance
• This is recommended to assure inclusion in
  Consultant Program Budget
• Early estimating and inclusion avoids
  unprogrammed amendments eating budget from other
  projects
• Allows easier flow of Consultant Program and
  Development of that Program
• If you do not project future amendments, there is
  a high probability your project will go static
  until the next budget cycle

11
RFP Handlingby CMU

• RFP Scheduled and placed on NMDOT Website by CMU.
• Final RFP written by PDE and given to CMU for
  publication on website.
• Legal Advertising on Statewide and/or Regional
  Newspapers

12
Pre-Proposal Meeting

• Inform Project Managers or Project Development
  Engineers schedule to write RFPs and RFP
  PowerPoint Presentations
• Schedule meeting room and PowerPoint
  Presentations.

13
PSSC Meeting

• Schedule PSSC meetings for proposals
• Distribute proposals
• Collect and Enter Scores
• Execute selection documents

14
PSSC Committee Composition

• Permanent Members
• PSSC Chair - Context Sensitive Solutions
  Manager-Non voting Joe Sanchez
• Infrastructure Division Director- Voting Steve
  Harris
• Programs Division Director-Voting Muffet Cuddy
• Regional Design Manager-Voting (Floating)
• Deputy Secretary for Business Support-Voting
  Vince Martinez
• District Engineer or Designee Voting (Floating)
• The two floating members will be assigned
  Proposal Specific and will include Planning,
  Aviation, Engineering Support, Regional Design
  Manager, and DE

15
PSSC Committee Composition

• Advisory Members Non Voting
• Contract Administration Section
• Equal Employment Opportunity Programs Bureau
• Federal Highway Administration (Kathy Walker)
• Development Support Services Bureau
• State Transportation Commission Member
• Project Development Engineer or Manager
• Professional Services Contracts Manager
• Any Person Requested by the Secretary of
  Transportation

16
PSSC Evaluation and Selection

• Receipt of Proposals by C.A.S.
• Distribute proposals to Professional Services
  Selection Committee for evaluation by CMU.
• Distribute Evaluation Sheets to PSSC Members with
  any Deductions.
• Tabulation of Scores

17
Consultant Contract Price Negotiations

• Negotiations Include
• Fees for Levels of Professional Services Scope
  of Project
• Hours to be charged for consultant team on a
  project- we typically negotiate on man-hours
  because this is a reflection of scope
• Direct costs, per diem, other direct expenses
• Total Price for Project

18
Contracts

• New Contracts
• On Call Contracts
• Fix Negotiated Rates
• Contracts for up to 4 Years
• PDE to assign Tasks and negotiate scope of work
  (Time)
• PDE or Project Manager Responsible for Budget
• No Amendments
• Fixed Price Contracts
• Amendments
• Encumbrance-Money attached to Contract

19
Contract Management Unit Tasks

• RFP Scheduling
• Review Consultants Budgets
• Request Overhead Audits on Consultants
• Contract Negotiations
• Check Overhead
• Attend negotiations
• Review price proposals for format and allowable
  charges

20
Project and Contract Management

• PDE Regional Manager are Responsible to
  administer the contract
• Assures contract deliverables are completed
• Assures payment is correct and project is meeting
  schedule
• Notice the 3 prongs of Project management
  contract management (scope, time, money or
  deliverables, payment, schedule)