Welcome Screen 2013 Educational Session 1 What is New With the Consultant Selection Process FAA AC 150/5100-14e CHANGE 1 Jon Faucher Vice President Aviation Services Azra Hussain Lead Engineer/Program Manager San Francisco Airports District Office

The goal Sponsor guidance on Consulting Services Makes the process easier to follow

Key steps/objectives Scope/Policy RFQ/RFP Process Selection Contracting

applicability Award each contract the same. Does not apply to PFC or if locally funded.

Principal Changes Service Types Federal Regulations Update Clarifications (Selections, IFE) Contract Types and Costs Expanded Alternate Delivery

Types of services Planning Services A/E Services Special Services Welcome Screen 2013 Types of services Planning Services A/E Services Special Services Ineligible Projects

Types of services Two Types of Professional Services – Welcome Screen 2013 Types of services Two Types of Professional Services – Planning and Design Master Plans, Airport Layout Plans, Terminal Area Plans, Noise, Environmental, Public Hearings, Compatible Land Use, CIP, BCA, Aeronautical Studies, Airport Data Collection, GIS Data Collection, Demand/Capacity Analysis, and more.

Architectural/ engineering services Welcome Screen 2013 Architectural/ engineering services Architectural, Civil, Geotechnical, Structural, Mechanical and Electrical Engineering Phases Preliminary Design Bidding Construction Closeout Special Services

Architectural/ engineering services 1.4.2.1 Preliminary Phase Welcome Screen 2013 Architectural/ engineering services 1.4.2.1 Preliminary Phase Coordinating with sponsor on scope, financial and phasing Coordinating with FAA and other stakeholders on impacts Surveys, field investigations, geotechnical, environmental, other studies Design schematics, recommendations and cost estimates.

Architectural/ engineering services 1.4.2.2 Design Phase Welcome Screen 2013 Architectural/ engineering services 1.4.2.2 Design Phase Coordination meetings; Full and complete project design: including plans, specifications and cost estimate; Design and construction schedule; Construction Safety and Phasing Plan (CSPP); and Printing and providing copies of contract documents.

Architectural/ engineering services Welcome Screen 2013 Architectural/ engineering services 1.4.2.3 Bidding and Negotiation Phase Prepare bid documents Assist sponsor in: Advertising Pre-bid meeting Securing bids Bid opening Prepare bid tab and recommendation on contract award, pre-construction meeting, negotiate for services.

Architectural/ engineering services 1.4.2.4 Construction Phase Welcome Screen 2013 Architectural/ engineering services 1.4.2.4 Construction Phase Review and approve shop drawings and submittals. Review and accept lab and test reports of materials and equipment; observe/review performance tests. Assist in negotiating change orders, supplemental agreement. Review contractor payment applications. Prepare payment requests for reimbursement (grant). Final inspection, punch list, final report. Review operations and maintenance manuals.

Architectural/ engineering services 1.4.2.5 Project Closeout Phase Welcome Screen 2013 Architectural/ engineering services 1.4.2.5 Project Closeout Phase Final inspection, punch list, final report. Provide record drawings. Provide summary of material testing report. Provide change order summary. Prepare grant amendment request and justification, if applicable. Prepare final project report and financial summary. Obtain release of liens from all contractors.

Welcome Screen 2013 Special services Outside the scope of basic design; may involve a number of different disciplines and fields of expertise Employed directly by sponsor, or by principal consultant, or be performed by the principal consultant Soil investigation, core sampling, lab tests, related analyses and reports Detailed mill, shop, and lab inspections of materials and equipment Land surveys and topographic maps Field and/or construction surveys Photogrammetric surveys Full time RE, inspector, manager during construction Special environmental studies and analyses

Special services Expert witness testimony Project feasibility studies Welcome Screen 2013 Special services Expert witness testimony Project feasibility studies Public information and community involvement surveys, studies, activities Prepare Record Drawings Assist sponsor in preparation of application for local, state and federal grants Prepare as-built ALP Prepare property maps Prepare Quality Control Plan Prepare Final Report

Consultant selection 2.1 49 USC 47107(a)(17) STATUTE Welcome Screen 2013 Consultant selection 2.1 49 USC 47107(a)(17) STATUTE Each contract and subcontract for: Program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design engineering, surveying, mapping, and related services will be awarded the same way that a contract for architectural and engineering services is negotiated… QUALIFICATION BASED SELECTION (QBS) procedures: If a conflict exists between 2CFR 200 and the statute, the statute will prevail.

What is Qbs? No Price Fair and Open Selection Welcome Screen 2013 What is Qbs? No Price Fair and Open Selection Full and Open Competition Fair Negotiations Equitable Fees

Qbs – Competition Sponsor RFQ Support – Excluded Mitigation Conflict of Interest Full and Open Disclosure RFQ Support – Excluded Mitigation

QBS – Procedure Determine Scope/Policy Selection Panel Welcome Screen 2013 QBS – Procedure Determine Scope/Policy Single Project Multiple Projects/Firms 5-Year Period Selection Panel Criteria and Rating

QBS (recap) Full and open competition. §200.319 Welcome Screen 2013 QBS (recap) Full and open competition. §200.319 Avoid conflict of interest Caution on combining planning and engineering contracts Consultant can’t assist in RFQ/RFP development Planning and Engineering

Welcome Screen 2013 selection – process RFQ Short List RFP Interview

Single selection 1st ranked Consultant Notify other Consultants Negotiate scope of work

Multiple selection Rank Consultants Welcome Screen 2013 Provide Rankings Assign Project(s) Selected Negotiate Scope of Work Rank Consultants

Alternate procedure Small clearly defined project <$100k Non-competitive <$10k

negotiations Approved Scope of Work IFE – before consultant fee 10% not a rule Negotiate differences Award or start with No. 2 Record of negotiation

contracting Division of Responsibility Liability Mandatory Provisions Welcome Screen 2013 contracting Division of Responsibility Liability Mandatory Provisions Time Overruns Indemnification

contracting Indemnification Welcome Screen 2013 contracting Indemnification Sec. 3.3.2: The contract must not attempt to make the consultant an indemnitor of the Sponsor such as in the event of the Sponsor's negligence or the absence of any wrongdoing by the consultant. The consultant must fully stand behind their services and indemnify the Sponsor for damages and expenses caused by their own errors, omissions, and negligent or wrongful acts.

CONTRACTING Direct Professional Services Retainer Welcome Screen 2013 CONTRACTING Direct Professional Services Retainer Cost-Plus-a-Fixed-Fee Fixed Lump Sum Cost-Plus-a-Percentage-of-Cost Specific Rates

Contracting (Force account) Documentation to Contain: Justification, Estimate of costs, work hours, rates, etc., Names and qualifications of personnel, Statements to support using force account, Summary of similar experience, and Schedule, milestones and date of completion.

Costs Profit Overhead Allowable Costs Pass-through Costs FAA Discourages Capping Varies Allowable Costs Pass-through Costs

Alternate delivery ADO Approval Design Estimate Construction Welcome Screen 2013 Alternate delivery Design Estimate Construction ADO Approval

Welcome Screen 2013 Alternate delivery ADO Approval for Construction Manager At Risk (CMAR) Owner CMAR Architect Consultant Subcontractor Contracts Communication Utilizing the CM-A-R delivery system, the Sponsor engages a professional services design firm and in the early design phase, a construction manager/general contractor (CM-A-R) is selected. G.5.2 The design firm is selected using professional services QBS. The CM-A-R is selected using a two-step competitive proposal. 1. Step one: The Sponsor and design firm prepare a RFQ with preliminary project information and use qualifications based criteria to rank and short list the top firms. 2. Step two: More detailed design information is provided to the short listed firms who reply with price information for various items such as, profit/contractor fee, insurance, bonding and general conditions

Is it working? FAA – Desk Reference for CFR 200 AAAE Corporate White Paper Future Education

Discussion points Multiple Consultant Selections RFP/Q Project Descriptions Audience Comments?