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QBS under attack?

  • 1.  QBS under attack?

    Posted 01-05-2018 09:41 AM

    Here in Tennessee we have enjoyed strong QBS statute for many years. We are beginning to see signs and get the sense that QBS may be coming under a somewhat significant attack during the 2018 legislative session. Are other states which have QBS in place seeing similar things at this point? If so, are there any success stories or "things to watch for" that we should be aware of?

    Thanks so much



    ------------------------------
    Tilman "Trey" Wheeler AIA
    Partner
    Cogent Studio, LLC
    Chattanooga TN
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  • 2.  RE: QBS under attack?

    Posted 01-05-2018 09:44 AM
    New forms of selection and procurement have surfaced in the last 20 years.  QBS is still utilized effectively by the State and municipals.  School Districts have been expanding on the use of Design Build and ESCO Energy Savings Contracting.  ESCO contracts are being used a new construction procurement instead of the traditional energy savings updates.

    ------------------------------
    Fred Brandstrader AIA
    Director - Project Mgmt
    South Lake Consulting & Management, LLC.
    Chicago IL
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    Original Message


  • 3.  RE: QBS under attack?

    Posted 01-05-2018 10:27 AM

     

    Arkansas has undertaken  a review of the states procurement processes to include QBS.  We are working with the Arkansas Society of Professional Engineers to retain as much of the current QBS process as possible.   We have met with IKASO, the legislative consultant on procurement,  and found them to be knowledgeable of the value of QBS and its purpose. Beyond that we are working to create new friends in the public policy arena to help us with our efforts.  Nothing the legislature giveth is safe today. 

     

     

    AIA Arkansas with Logo

     

    Brent Stevenson, IOM

    Executive Director

    318 S. Pulaski Street

    Little Rock, AR 72201

    Phone: 501-661-1111

    Fax: 501-372-4505

     




    Original Message


  • 4.  RE: QBS under attack?

    Posted 01-05-2018 12:36 PM
    Here in South Carolina, we've had QBS for architects from the very beginning (1970s?) and it has always had the support of the legislature. It continues to appear to be safe, but in recent sessions the engineers have tried to get it and have been met with strong resistance from municipalities, utilities, and the legislators they support. We're hoping their efforts don't all of a sudden get these legislators thinking that we shouldn't have it too. 

    Adrienne Montare AIA

    Executive Director

     

    THE SOUTH CAROLINA CHAPTER OF THE AMERICAN INSTITUTE OF ARCHITECTS

    1530 Main Street – Suite C, Columbia SC 29201

    1-803-252-6050, ext. 12

    adrienne@aiasc.org

    www.aiasc.org

     

    AIA_South_Carolina_logo




    Original Message


  • 5.  RE: QBS under attack?

    Posted 01-05-2018 04:57 PM
    New York State requires all state agencies to use QBS for projects over $25,000. 

    We had a bill which passed both houses this year to extend this requirement to public authorities and public benefit corporations, but it was vetoed by the governor recently.  The governor's veto message stated that requiring public authorities to use QBS would restrict their ability to negotiate for the "best value" and limit the ability of new or diverse firms to win state contracts.  Further, the veto message stated that requiring PAs and PBCs to identify at least 3 firms would harm projects in rural areas or where there is a need for very specialized projects.  
    While this veto does not affect the current law which requires QBS for state agencies, I am getting concerned that "best value" is becoming the preferred terminology over "most qualified."  Additionally, the rampant advance of M/WBE goals/mandates (30%) is driving a narrative that QBS discourages the use of M and W firms.

    ------------------------------
    Michael Burridge
    Director of Government Affairs
    AIA New York State
    Albany NY
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    Original Message


  • 6.  RE: QBS under attack?

    Posted 01-05-2018 04:58 PM
    Local governments are again bringing legislation forward in Oregon attempting to change QBS.  This session they are pushing statutory amendments to "allow for value considerations" - draft bill has fees and project time estimates happen with top five proposers.



    Original Message


  • 7.  RE: QBS under attack?

    Posted 01-05-2018 04:58 PM

    Not seeing anything like that here in Massachusetts.

    John

     

    John Nunnari
    Executive Director, AIA MA
    jnunnari@architects.org
    617-901-4685
    617-951-0845 (fax)

    MA Chapter of American Institute of Architects
    290 Congress Street, Suite 200

    Boston MA 02210
    www.architects.org

     

     




    Original Message


  • 8.  RE: QBS under attack?

    Posted 01-05-2018 04:58 PM
    Mississippi has not seem an attack on QBS yet. we actually got it codified for state projects just two years ago. BUT what happens in the sister states will find its way here.
    We were able to codify the administrative rule by separating professionals services during the reform effort in procurement.A dangerous time but it opened the door to harden the administrative rule into statute. we pushed reverse action back last year for professional services and an attempt to add services of any kind to the reverse auction requirement could be on tap for this session.
    Pleas keep us updated   


    Robert  E. Farr II  AIA

    COOKE  DOUGLASS  FARR  LEMONS

    A R C H I T E C T S + E N G I N E E R S  P A

    601.366.3110 + 247 +  (C) 601 842 3276 + rfarr@cdfl.com

              

                                                       3100 North State Street - Suite 200 - Jackson, Mississippi 39216 



    Original Message


  • 9.  RE: QBS under attack?

    Posted 01-05-2018 06:21 PM
    It's curious. We just received the agenda for the upcoming State Building Commission meeting and see that there are revisions to the SBC By-laws as well as revisions to the Office of the State Architect Policy. We have no idea what these changes may entail at this point. (Believe me though, we are trying to figure that out prior to the meeting.)

    Thanks for the responses.

    ------------------------------
    Tilman "Trey" Wheeler AIA
    Partner
    Cogent Studio, LLC
    Chattanooga TN
    ------------------------------

    Original Message


  • 10.  RE: QBS under attack?

    Posted 01-08-2018 09:40 AM

    Florida has had a very strong QBS statute in place that is applicable to all state and local government agencies since the 1970's but it is constantly under attack at some level at least every other legislative session.  This is something that we are constantly watching.

     

    William Bishop, AIA

    Vice President

     

    Akel Logan Shafer PA

    704 Rosselle Street

    Jacksonville, Florida 32204

    Tel:  904.356.2654

    Cell:  904.463-3396

    wbishop@alsarchitects.com

     




    Original Message


  • 11.  RE: QBS under attack?

    Posted 01-08-2018 12:22 PM

    Virginia has a fairly strong public procurement act (VPPA) with QBS for professional services modeled after the Brooks Act. It seems that every year we have to fight legislation that would seek to erode these public protections. This year, we know we'll be facing legislation that would allow for simultaneous negotiations with the top 2 ranked offerors – though I expect there will be other bills as well. 

    A related issue we're facing is with is an executive order requiring that all executive agencies exceed an expenditure goal of 42% with Small, Women, and Minority-owned (SWaM) businesses. These goals have become a part of the ranking process for firms responding to RFPs. While we're incredibly supportive of small businesses (since most of our firms qualify as such under federal and state definitions), we see this as another erosion of QBS.



    ------------------------------
    Rhea George Hon. AIAVA
    Managing Director
    AIA Virginia
    Richmond VA
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    Original Message


  • 12.  RE: QBS under attack?

    Posted 01-08-2018 12:22 PM
    We are seeing no "legislative" attack on QBS in California.  The challenges are coming from public entities following the advice of their attorneys that they do not have to follow our QBS law.

    ------------------------------
    Mark Christian, Hon. AIACC Hon. AIACC
    Director of Government Relations
    AIA California Council
    Sacramento CA
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    Original Message


  • 13.  RE: QBS under attack?

    Posted 01-11-2018 05:37 PM

    Florida currently benefits from a robust QBS statute the "Consultants Competitive Negotiation Act"

    CCNA - created in 1971 by the Florida Legislature is a qualifications-based public procurement method for acquisition of professional architectural, engineering, landscape architectural, surveying and mapping services. This year there is proposed legislation to create a procurement task force to review procurement procedures which probably will include CCNA. Price is discussed once the top qualified firms are selected but, there is constant pressure to modify the statute to use price as a key selection criteria. We are watching this carefully as the current statute provides best value to the public.

     

    Stephen Panzarino, AIA, NCARB

    Vice President, Managing Principal

    100YR_eml-sig-small

    HDR

    5426 Bay Center Drive, Suite 500
    Tampa, Florida 33609
    D 813.282.5305 M 941.932.0330
    stephen.panzarino@hdrinc.com

    hdrinc.com/follow-us

    FL Reg: AA-C000457

     




    Original Message


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