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News & Events Clearing Up the QBS Confusion By Jerry Michael, RRM Design Group
2010-2011 ACEC California President
Through my participation in various committees, seminars, discussions with ACEC members and government agencies I found some people may be confused about Qualification Based Selection (QBS). I thought I should perform some research of my own to fully understand California’s QBS laws and to educate others from my research to understand the law. Below are the results of my research. California Government Code §4525 spells out the basis of the QBS law. “Notwithstanding any other provision of law, selection by a state or local agency head for professional services of private architectural, landscape architectural, engineering, environmental, land surveying, or construction project management firms shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. In order to implement this method of selection, state agency heads contracting for private architectural, landscape architectural, professional engineering, environmental, land surveying, and construction project management services shall adopt by regulation, and local agency heads contracting for private architectural, landscape architectural, professional engineering, environmental, land surveying, and construction project management services may adopt by ordinance, procedures that assure that these services are engaged on the basis of demonstrated competence and qualifications for the types of services to be performed and at fair and reasonable prices to the public agencies. Furthermore, these procedures shall assure maximum participation of small business firms, as defined by the Director of General Services pursuant to Section 14837.” (Underling added for ease of find) Some people may be confused by the use of the words “shall” and “may”, which are underlined in the above section. Here is the clarification : The section first states that state AND local agencies SHALL select based on demonstrated competence. The section then states how to implement this law: State Agencies SHALL adopt by regulation and local agencies MAY adopt by ordinance. So with respect to local agencies the law simply states that local agencies must follow QBS, and that local agencies may comply with QBS either by adopting a local ordinance or by directly following the state law. Either way local agencies must comply with QBS. I also did some research and was provided two documents regarding SB 419, which became the current QBS law, by the state’s Legislative Counsel’s Office and former State Senator Leroy Greene confirming this understanding of California’s QBS statutes. In the Legislative’s Council’s Office letter they were asked “will local agencies be required, or merely permitted, to select the applicable professional service on the basis of demonstrated competence and professional qualification.” They responded “local agencies will be required to select the applicable professional services on the basis of demonstrated competence and professional qualifications ” In Senator Leroy Greene’s letter he states “SB419 clarifies and earlier law (SB 2034) by clearly stating that local agencies are required to procure professional services on the basis of demonstrated competence and qualifications.” He goes on to say “This requirement long has been the official public policy in state contracts. This new law (SB 419) which extends that policy to local agencies, becomes effective January 1, 1990.” The full copies of both letters can be found on the ACEC CA website at http://www.acec-ca.org/userdocuments/File/QBSltrsMichaelarticle.pdf Hopefully I have cleared up any confusion you may of had about California’s QBS laws and I ask that you help educate others if they do not understand the laws regarding QBS. |
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Tel.:
(916) 441-7991 E-mail: staff@acec-ca.org
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