A/E Procurement

Position Statements

Qualifications Based Selection

The Council supports the competitive selection of architects and engineers for state and local government (public sector) work based on professional qualification and competence, with negotiated fees, for design services. Both PL 92.582 (the Brooks Law Act) and RCW 39.80 (Contracts for Architectural and Engineering Services) are endorsed by the Council as the method of selection to be followed.

We support applying the principles of the Brooks Law Act and RCW 39.80 to all methods of A/E procurement, including alternative project delivery approaches. As alternative financing options are considered for public works projects that involve private financing, we urge policy makers to require Qualifications Based Selection as an important component of A/E procurement.

Some government entities try to circumvent the intent of the QBS law by asking respondents to provide “level of effort” information or an estimated number of work hours to be provided by each person working on the contract. Some ask for “two envelopes”, in which one envelope contains qualification information and the second contains a price proposal. AIA/WA opposes any system that asks for price, hours, or level of effort from A/E respondents, even if such information is not used until after the final consultant is selected. Level of effort and rates should be negotiated after the A/E team is selected.

Design Competition Method

If a design competition is used as the basis of selection for architectural services, the Council encourages following the method developed by the American Institute of Architects, which includes a publicly advertised process with a qualified jury. Agencies must provide adequate compensation for proposal preparations commensurate with the level of information required.

Contract Terms

Some advocate that firms which operate outside of the state or outside of Washington State or the United States should be discriminated against when awarding contracts. Similarly, they would discriminate against firms which have any work performed outside the state or nation’s boundaries. When considering an A/E consultant, the Council believes the government should focus on selecting the most qualified A/E professional or A/E team for a given project. The government should not dictate to the A/E firm how to operate its business in terms of processes for completing projects or which employees or subconsultants are used for its business operations.

In addition, anti-competitive laws that discriminate against foreign firms or foreign workers risk costing Washington jobs. Washington architects are doing more international work than ever before. If other countries or other states pass measures that prevent Washington architecture firms from competing fairly in their jurisdictions, Washington will lose jobs.