Page 15 - May-June 2021 Vol 39 No 1
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STATEWIDE By Sharon Rollins, MTAS
Guidelines for Contracting for
Design Professional Services
Sharon Rollins, P.E., Legal and exception to this process for any city, • To provide guidance for decision
Technical Consulting Manager of UT county, or utility district that has makers. Selecting professional services
Municipal Technical Advisory Service, an existing satisfactory contractual is both an objective and a subjective
shares some helpful guidelines for cities relationship for architectural or process. Having a process is helpful
or counties requesting architectural engineering services. The city, county, or for city officials who must make
services by proposals (i.e. costs) instead utility district may expand the scope of difficult choices.
of by qualifications. services via a contract so long as those
services sought are in the technical • To set up a framework based on
T.C.A § 12-4-107(a) requires that competency of the firm under current qualifications rather than lowest cost.
design professionals for public projects contract.
in Tennessee be selected through Use the QBS How-to Manual
qualifications-based selection (“QBS”). Why Follow the QBS Selection Process? Architects & Engineers (tn.gov)
Additionally, the Tennessee Board
of Architectural and Engineering • It is the law. Qualification Based Selection – A
Examiners has adopted rule 0120- • To obtain the best professional guide for procuring design professional
20-.02 {Proper Conduct of Practice} services in Tennessee
that precludes registered architects, services at a reasonable cost. As
engineers, and landscape architects from stewards of the people’s money, Call MTAS for Assistance
participating in any system that does not elected officials and staff must be Knoxville – 865.974.0416
comply with T.C.A. § 12-4-107(a). concerned with spending public funds Sharon Rollins, P.E.
wisely. Public Works Consultant
The basic premise of this requirement • To establish a level playing field sharon.rollins@tennessee.edu
is that the procurement of professional providing all qualified professionals Jackson – 731.425.4785
services will be based on recognized with an opportunity to be considered. John Chlarson, P.E.
competence, not on competitive Having a process in place provides Public Works Consultant
bidding. Cost is always an important equal opportunity for all professionals john.chlarson@tennessee.edu
consideration, but it should not be to be considered according to pre-
the first consideration in selecting determined criteria. It’s a good way to
professional services. ensure the best firm and the best cost.
Why Procure Design Professional • To ensure compliance with the
Services? Sunshine Law. Having a written
procedure — equally applied and
T.C.A. § 62-2-107 requires that open to public scrutiny — ensures
public works projects over $50,000 fairness, openness, and acceptance
have plans and specifications prepared of the firm or individual ultimately
by a registered architect, engineer or selected.
landscape architect.
T.C.A. § 12-4-107(a)(4) allows an
View online at tnpublicworks.com 15
