How to hire an Architect / Engineer (A/E)

 

The following flow chart was developed to assist Housing Authorities in the development, award and administration of an architect / engineering contract using the sealed bid method of procurement as defined in the HUD Procurement Handbook 7460.8,Rev #2 guidance. 

 

Define Scope Of Work

Clearly define the scope of work for the proposed A/E contract. 

Factors to consider include: 
  • Construction work elements to be accomplished.
  • Need for investigatory or preliminary design work 
  • Budget and time constraints. 

 

Select Evaluation Method
  • One Step  - This evaluation method selects the A/E using only the A/E's written response to the RFP.
  • Two Step   - This evaluation method selects the A/E using the A/E's written response to the RFP and a personal interview.
  • Best and Final Offer - This evaluation method, similar to a two step approach, selects the A/E using the A/E's written response to the RFP and a personnel interview, but allows the A/E in the evaluation process to resubmit his offer.
Our office recommends the two step approach.
 
Types of Competitive Proposals
  • Request for Qualifications  (RFQ) - This approach evaluates the A/E based upon pre-defined qualifications only.   Price is NOT considered.
  • Request for Proposals (RFP) - This approach evaluates the A/E proposals based upon predefined qualifications and price.
Our office recommends the RFP approach in selecting an A/E firm and has developed the following RFP that complies fully with HUD procurement requirements.

 Sample RFP

 
 Content of a RFP

Insure that your RFP incorporates:

  1. A clear state of work

  2. Submission requirements, along with pricing instructions.
  3. Evaluation factors with defined weights to assist in the selection process.

    Sample A/E Evaluation Form -   Step 1 

    Sample A/E Evaluation Form -   Step 2 

  4. An explanation of the selection process
  5. Now price will be negotiated.
  6. Now the contract is to be awarded.
  7. Mandatory HUD forms. - The following HUD forms must be included within the RFP as required by the HUD procurement handbook 7460.8, Rev 2, paragraph 7.2B.

1. Form HUD-5369-B, Instructions to Offerors – Non-Construction.

2. Form HUD-5369, Certifications and Representations of Offerors – Non-Construction Contract.

3. In addition, the PHA may want to include with the solicitation, Form HUD-5370-C, General Conditions for Non-Construction Contracts

  1. Copy of the proposed A/E Contract.

 

Develop the A/E Contract
  1. Over $100,000 -  The form HUD-51915,“Model Form of Agreement Between Owner and Design Professional”, is required for all A/E contracts that exceed $100,000.-
  2. Under $100,000 - The PHA may use any version they desire.
The Buffalo HUD Office has developed a sample 
“Form Of Agreement Between Owner And Architect”.
This sample agreement incorporates all mandatory requirements and is recommended.

Sample A/E Contract

Guidance

  • Procurement Handbook requirements - paragraphs 7.2B, 7.3F

  •  

    Insure that the RFP defines how you will:
    1. evaluate the proposals, 
    2. select the most advantageous proposal,
    3. negotiate a fair an reasonable cost.

     

     Solicitation

     The procurement handbook 7460.8, Rev 2, paragraph 7.1 states:

    F.  Method of Solicitation.  While any of the following methods can be employed, the Contracting Officer should choose the method, which, considering matters of economy, provides for full and open competition.

    1. Advertising in newspapers or other print mediums of local or general circulations.

    2. Advertising in various trade journals or publications.

    G. Time Period for Solicitation. The solicitation must be run for a period sufficient to achieve effective competition, which, in the case of paid advertisements, should generally be run not less than once each week for two consecutive weeks. State or local law may impose additional advertising requirements.

    Sample Advertisement

    Guidance

     
    Opening of Proposals
    1. Proposals shall be received up until the date and time specified in the RFP. 
    2. Proposals received shall be date-time stamped.
    3. Proposals received early shall be  held in a secure place until the established due date.
    4.  Proposals shall not be opened publicly.
     
    A/E Selection Team
    A selection team (preferably three people) is to be developed to evaluate the proposals received.
     
    Evaluate Proposals
    1. Proposals are ONLY evaluated  based upon the factors and their relative importance as listed in the RFP.
    2. Each A/E selection team member should independently evaluate the proposals received.
    3. Each evaluation sheet should be signed and dated to insure proper documentation.
    4. A summary evaluation sheet should be provided to document the  results of the individual evaluation sheets and their relative scores.
     
    A/E Selection Process
    The highest ranked firm is contracted and requested to submit a final design cost.
     
    The Negotiation Process
    1. The Housing Authority is to negotiate a fair and reasonable cost with the selected A/E firm. 

    2. Upon completion of the negotiation process the Housing Authority must perform either a cost or price analysis to document the cost reasonableness of the award.

      Guidance:
       
      1. Federal Requirements  24 CFR 85.36(f) 
      2. Procurement Handbook requirements - paragraph 10.3B {Price Analysis}, 10.3D {Cost Analysis},  10.3E {Documentation}
      3. If more than one bid is received than a cost or price analysis must be performed.    Sample Price Analysis 
      4. If only one bid is received than a cost analysis must be performed. Sample Cost Analysis 

    Sample A/E Cost Analysis  

     
    Documentation

    A "Determination & Finding" is developed by the HA to document the basis (procurement type) and cost reasonableness of the proposed contract. 

    • Determination and Finding for A/E Award - Sample 
       
    H.A. Awards A/E Contract
    • Sample Award Letter
    • Sample Letter for non successful proposals.

    Content last modified: 09/11/2007