July/August 2017

PE Report
Michigan PEs Back Local Government QBS Bill

Local governments and agencies in Michigan may soon be required to use qualifications-based selection when procuring architectural, engineering, and land surveying services.

A bill (H.B. 4447) introduced in the state legislature, if enacted, would require local government agencies to consider a firm’s qualifications, experience, and professional personnel when soliciting professional design services for a proposed project.

The legislation is supported by the Michigan Society of Professional Engineers and the state chapters of the American Council of Engineering Companies and the American Society of Civil Engineers.

Local entities would be required to rank firms based on evaluations of qualifications, discussions, and presentations, and then negotiate fees with the highest ranked firm. The fees should take into consideration the estimated value, scope, complexity, and nature of the services provided for the project. Local entities would be able to waive the QBS requirement only in two cases: if the agency determined that an emergency exists and a firm must be selected immediately and if the costs of the design or land surveying services for a project are less than $25,000.

NSPE believes qualified professional engineers, based on design ability, experience, and integrity, should perform all engineering services. The Society 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. NSPE also supports the adoption of “mini-Brooks” laws at the state and local level.

The qualifications-based selection procedure should address specialized knowledge and skill, experience in the type of project involved, assignment of qualified personnel, ability of the engineers to perform on a timely basis, recognition of the importance of total cost of the project within budgetary limitations, and such other areas of expertise as may be identified by the owner for prime consultant services, or the prime consultant for the subconsultant services.

Learn more about NSPE’s action on qualifications-based selection of engineering services and other issues at www.nspe.org/resources/issues-and-advocacy/action-issues.