April 2014

PE REPORT
New York Bill Requires QBS

Public entities in New York will be required to use qualifications-based selection when procuring A/E design services if legislation introduced in the State Senate in February becomes law.

The legislation (S.B. 6639) will amend the state’s public authorities law to require that public agencies and public corporations negotiate with professional firms that provide architecture and engineering services starting with the most qualified firm.

When procuring A/E services, a state agency can invite professional architecture and engineering firms to submit an annual statement of qualifications and performance data. The agency will rank at least three firms following discussions with the firms to evaluate design concepts and possible methods of approach for the project. The agency can then negotiate a contract with the highest qualified firm and take into consideration the estimated value, of the services, which includes the costs, scope, and complexity of the project.

The agency is not allowed to refuse to negotiate with the firm because of the ratio of “allowable indirect costs” to direct labor costs of the firm or the hourly labor rate in any labor category of the firm exceeds a limitation generally set by the agency in determining if the estimated cost of services is reasonable. If the agency can’t negotiate a contract that it deems fair and reasonable, it may enter into negotiation with the next qualified firm.

NSPE supports the procurement of design professional services on the basis of qualifications and strongly supports the Brooks A/E Act of 1972, which requires federal agencies to use qualifications-based selection procedures when obtaining design professional services. The Society also supports the adoption of “mini-Brooks” laws at the state and local level.

Access NSPE’s Professional Policy No. 131, “Procurement of Engineering Services (QBS),” to learn more about NSPE’s stance on QBS at www.nspe.org/resources/issues-and-advocacy.

Science and Engineering Doctorates
As the number of research doctorates awarded in the US continues a steady upward trend with an average annual growth of 3.4%, science and engineering fields are leading the way. Since the mid-1970s, the number of science and engineering doctorates has doubled, according to a National Center for Science and Engineering Statistics report. Nearly three-quarters of all research doctorates awarded in 2012 were in science and engineering fields. More than 8,400 students received engineering doctorates in 2012.