An architect writes, “I recently received a RFP for a rural fire station and it required a fee quote as part of the submittal requirements. Is this appropriate or even legal? What should I do?”
The AIACC believes that RFPs containing fee requirements are illegal under California Government Code Section 4525-4529.6, which deals with the procurement of design professional services by state and local agencies.
QBS law, also known as the Mini-Brooks Act, clarifies how state and local government agencies are to select design consultants on construction projects. The law requires state and local agencies to procure architectural/ engineering services on the basis of demonstrated competence and professional qualifications, with fees to be negotiated later with the most highly qualified firm.There are a number of things that you can do to address this situation.
Send a copy of the RFP to Kurt Cooknick, AIACC’s Director of Regulations & Practice. He will respond to the agency that issued the RFP and attempt to get them to modify the submittal requirements.
There is an excellent publication entitled, Qualifications Based Selection: A Guide for the Selection of Professional Consultant Services for Public Owners, which can also be obtained from AIACC and sent to the agency.
AIACC staff has other resources that may be of help in resolving the issue. Hopefully, one of these responses will convince the agency to amend or reissue the RFP to conform to the statute.