New Hampshire Public Works Association and the NH Qualifications - Based Selection (QBS) Coalition NH Municipal Association Conference November 13, 2014 Using the QBS Process for Selecting Design Professionals for Public Works Projects

Perspectives on Selection of Design Professionals: QBS Coalition -Bill Straub, P.E. (NHSPE) -Nick Cricenti, P.E. (NH Section ASCE) NH Public Works Community -Meghan Theriault, P.E. (Goffstown) -Carl Quiram, P.E.(Goffstown) Municipal Purchasing Official -Jonathan Gardner, (Laconia) State of NH NHDOT -Nancy Mayville, PE (NHDOT) Moderator -Carl Quiram, PE (Goffstown)

Who and what is the NH QBS Coalition? American Council of Engineering Companies - NH American Institute of Architects - NH Granite State Landscape Architects NH Section of American Society of Civil Engineers NH Society of Professional Engineers Structural Engineers of NH NH Land Surveyors Association Organizations of NH Design Professionals formed NH QBS Coalition in 1994 to Educate and Promote the use of QBS. The coalition now includes:

What is QBS?  A process promoting total quality, resulting in the best possible project at the appropriate cost, and with substantial savings over the life of a project.  QBS Process uses: - Request for Qualifications for Professional Services; - Presentations of experience, qualifications, personnel, project understanding and approach; - Interviews with favorable firms;  Selection of most advantageous firm;  Negotiation of scope and contract.  QBS assures advantages for Owner: Mutual Trust - Firm Experience - Project Approach Responsiveness – Schedule - Communication Individual Experience - Technical Management Quality Control - Design Excellence

What is QBS?  QBS allows the Owner and Design Professional to evaluate scope project approach alternatives prior to finalizing them, and to evaluate and choose the best combination of scope and costs.  QBS recognizes cost as an essential part of selection of a Design Professional, and balances cost with all other aspects of the Owner-Design Professional relationship, and the range of services to be completed.  QBS promotes total project value to be considered, including: - Design costs (all phases) - Construction costs - Long term energy and other O&M costs - Project sustainability and replacement costs Bidding design services almost always encourages provision of the minimum scope and design effort, and does not encourage project value and long term cost effectiveness.

Why use QBS?  The competence and quality of professional services is critical in determining overall project quality, construction costs, and life cycle costs;  QBS aligns owner and design professional for benefit of owner;  Relying on bids, regardless of Owner’s intent, often results in a disconnect between Owner’s expectations and the services actually received;  The Owner has maximum control of project quality and project costs when QBS is used. Scope and cost decisions remain the Owner’s to make throughout project development;  The most effective professional relationships for Owner are best assured with QBS. If you required major surgery, or had an important legal problem, would you send out for bids from doctors or lawyers? Or would you seek a professional relationship of capabilities, experience, and trust?

The Federal Law? The Brooks Act is a United States federal law passed in 1972 that requires that the U.S. Federal Government to select engineering and architecture firms based upon their competency, qualifications and experience, rather than by price.United Statesfederal lawengineeringarchitecture Brooks Act requires application of the QBS Process. If the Federal owner and selected firm are unable to agree on a scope at a fair and equitable price, then Federal owner would then end negotiations with that firm and move to the firm deemed second most qualified.

The State Law?  In New Hampshire, State law RSA 21:I requires that all State Agencies use QBS for procurement by the agencies of professional design services.  For municipal projects using State and/or Federal Funding, most funding or regulatory agencies require QBS as a condition for funding. Endorsements?  The QBS process is included in the American Bar Association's Model Procurement Code for State and Local Government.  QBS is endorsed by The APWA

The competence and quality of professional services is critical in determining overall project quality, construction costs, and life cycle costs; The Owner has maximum control of project quality and project costs when QBS is used. Scope and cost decisions remain the Owner’s to make throughout project development. Summary- Why QBS?

NH Public Works Community Qualifications Based Selection Meghan Theriault, P.E. Carl Quiram, P.E.

Qualifications Based Selection Post RFQ – Detail out scope of work Review RFQs From Each Applicant – 7 Weighted Criteria 1-5 Score – Interview Top 3-4 Scores Interview – 11 Weighted Criteria 1-10 Score – Top Weighted Score Call References – Recommend to BOS and NHDOT.

QBS – RFQ Summary Criteria Weighting FactorsC1C2C3 Firm's History and resource capability to perform required services10%4.5 3 Evaluation of proposed personnel15% Related experience25% Familiarity with local area and construction practices25%4.542 Firm's perception of project requirements and project approach10%522 Quality control procedures10% Clients (municipal, state)5% Total (Weighted) Top 3 Middle Low ** NOTE: Use a rating factor of 1 to 5 with 5 being the best

QBS - Interview Summary Criteria Weighting FactorC1C2C3 Grasp of Project Requirements10% Design Approach/Methodology10% Key Personnel and Roles10% Pertinent Experience of Firm10% Pertinent Experience of Individuals10% Consultant/In-House Resources10% Technical Management/Quality Control10% Responsiveness to Owner's Concerns10% Method of Contractionn/a Proposed Schedule for the Work10%8.0 Other Relevant Issues10% Total (Weighted)

QBS – Goffstown Experience Positive Consultant and Town on same page Review Committee allows diverse input IGE – Allows check and balance on # staff hours Able to hire firm with proper experience Negative VERY Time Consuming if numerous RFQ submissions Firm References does not address accountability of Project Manager Numerous Amendments due to changes in scope

QBS: N.H. DEPT. OF TRANSPORTATION PERSPECTIVE Nancy Mayville, Municipal Highways Engineer November 13, 2014

Is QBS required for NHDOT funding?  Yes, shall Federal aid, 12+ LPA programs provide funding to municipalities (”sub-recipients”) Brooks Act TE, CMAQ, TAP, MOBRR, HSIP, Earmarks, etc. State funds, 3 programs RSA 21-I:22 State Aid Bridge, State Aid Highway, Betterment

How is QBS done?  Request for Qualifications (RFQ) We offer to review, samples available Money not considered as part of selection  RFQ for specific project, or  RFQ for general transportation services IDIQ (Indefinite Delivery, Indefinite Quantity)  Cast net wide; newspaper, advertise broadly  We strongly recommend against two envelopes with Qualifications and Fee

How is selection made?  Local committee  Review to make sure qualified, “long list”  Rate proposals to top three three, “short list”  Interviews optional  Rank top three based on criteria  Submit selection and rankings to NHDOT for approval with summary of QBS process

Negotiations  Negotiate with selected firm only Agree on scope first Agree on fee If federal funds, IGE (Independent Government Estimate)  If you can’t agree on scope and fee, move on to #2 on the list Can’t return to #1

QBS options:  State Aid: Waiver new QBS for individual project Use same consultant again for similar project, if previous QBS Emergency, if previous QBS  Federal aid IDIQ (Indefinite Delivery, Indefinite Quantity), ex., general transportation services