CELaws Handouts Group4
CELaws Handouts Group4
CELaws Handouts Group4
OBJECTIVES
To know the basis for the selection
To distinguish the client’s selection committee
To learn about qualifications-based selection (QBS)
To select a procedure for the level of effort for contracts
I. INTRODUCTION
The selection and engagement of a Civil Engineer is one of the most important decisions to
be made during the development of an engineering project. No two Civil Engineers have the
same training, experience, capabilities, personnel, workloads, and particular abilities. Selection
of the most qualified Civil Engineer for a specific project will result in a well-planned and
designed, economical, and successful project.
5.1 Bidding
Professional engineering and architectural societies, recognize QBS as the preferred
method for the procurement of professional services. The NEDA Guidelines require the
procurement of professional engineering and architectural services only by a process like that
described in the “Qualifications-Based Selection Procedure”, above.
Selection of Civil Engineers and related service professionals, including consultants and
sub-consultants on construction projects, should result from competition based on the
qualifications and resources best suited to complete a project successfully in terms of
performance quality and cost-effectiveness. Qualifications and resources, including training,
professional licensing experience, skills, capabilities, special expertise personnel, and workloads,
are paramount considerations in engaging engineering services. Costs of these services, while
important and meriting careful negotiations and performance accountability, are a small portion
of overall project cost and should be subordinate to professional qualifications and experience.
There are many reasons why bidding for consulting Civil Engineering services often
produces unsatisfactory results for the client. Principal among these are:
1. Bidding does not recognize professional judgment, which is the key difference between
professional services and the furnishing of products. Judgment is an essential ingredient in
quality engineering services.
2. It is virtually impossible to completely detail in advance the scope of services required for
an engineering project especially for the study ad preliminary phases, without lengthy
discussions and negotiations with the selected firm. Lacking specifics, the bidding firms must, to
be competitive, submit a price for the least effort envisioned. The resulting service performed is
likely to be tailored to fit the minimal requirements of the bid documents and will not necessarily
suit the client’s needs or expectations.
3. In-depth studies and analyses by the consulting Civil Engineer are not likely to be
performed. The consulting Civil Engineer selected by the lowest bid will often provide only the
minimum services necessary to satisfy the client’s scope of services.
4. The consulting Civil Engineer’s ability to be flexible and creative in meeting the client’s
requirements is severely limited.
5. The engineering designs are likely to be minimal in completeness with the details left to
the contractor. This produces a lower first-cost design but tends to add to the cost of the
completed project. The lack of design details also can and frequently does, lead to a greater
number of change orders during construction and to contractor claims at a later date.
For these reasons, bidding for professional services is not recommended.
5.2 Two-Envelope System
The two-envelope system involves the submission of a technical proposal in one envelope
and a price proposal in a second envelope. The client then evaluates the technical proposals and
selects the best qualified Civil Engineer based on that consulting Civil Engineer’s technical
proposal. At this point in the selection procedure, the client opens the price proposal submitted in
the second envelope and uses this as the basis for the negotiation of contractual scope and fees.
The second envelopes submitted by the unsuccessful proposers are returned unopened.
If the client follows this procedure, the net effect is as outlined in the “Qualifications-Based
selection procedure”, provided that the client and the best-qualified consulting Civil Engineer
have an extensive discussion to reach a full agreement on the scope of services. This allows the
client to utilize the knowledge and experience of consulting Civil Engineering establishing the
scope of services. Upon the agreement of scope, the price of services should be negotiated to
reflect changes from the original scope used for obtaining proposals.
If both envelopes of all proposers are opened at the same time, a bidding process, as
discussed in the section on “Bidding,” is initiated with attendant disadvantages. Procedures
should be established to confirm that the second envelope is opened for only the successful
proposal.
The two-envelope system is not recommended. If used as intended, it is similar to the
recommended QBS procedure except that the added cost to prepare a comprehensive scope and
price discourages some consulting Civil Engineers from participating to be firms not selected,
which increases the overall business costs of consulting Civil Engineering and ultimately of the
clients.