Project Information & Reference for School Districts

Washington State School Districts may find the following information and forms useful when implementing facility design and construction projects. The Department of Enterprise Services and the Superintendent of Public Instruction have made this information available as requested by the 2011 Washington State Legislature in a proviso of the 2011-2013 Capital Budget bill (HB 1497, Section 7019 and 7029).

Forms and Reference

Selection and Bid Processes

 


Architect and Engineer Selection Process

Selecting consultants who provide architectural, engineering, energy, or planning services

This applies to selecting architects or engineers (A/E) providing architectural, engineering, energy, and planning services to Engineering and Architectural Services (E&AS). Emergency projects may be exempted from this policy.

1. All architectural and engineering services shall be advertised (RCW 39.80.)

Private sector architectural and engineering (A/E) services required on projects managed by E&AS must be publicly advertised. Advertisements may solicit for a general category of services or for a specific type of architectural or engineering service required for an individual project or a defined collective group of projects.

Abbreviated advertisements are normally made in the Daily Journal of Commerce and selected local newspapers directing perspective A/Es to Current Projects Advertised for Consultant Selection and Washington’s Electronic Business Solutions (WEBS) for full text of the project announcement.

2. E&AS will set Minority and Women’s Business Enterprise (MWBE) goals for each project.

E&AS will set MWBE goals for each project that are consistent with the Department of Enterprise Services 2007 Business Equity Plan (BEA). Goal setting will be done prior to any publication and goals will be identified in the Public Works Requisition (PWR) or other correspondence. Project goals will be realistic and will consider at a minimum:

  • The number of certified MBEs and WBEs available to perform the contract work.
  • The demographics of the A/E consultant community.
  • E&AS’ success in attaining prior goals.

3. Consultants shall be selected on the basis of qualifications.

Consultants must have submitted their qualifications in response to a public advertisement by E&AS to be considered eligible for selection on an E&AS managed project. [See RCW 39.80.030].

Prospective architects or engineers are evaluated on the basis of qualifications and performance data established for a specific project. The selection procedure to evaluate qualifications shall be impartial.

Applicant’s qualifications and performance data shall be measured against the specific project selection criteria established for each project. Each panel member shall independently score each firm. The highest scored firm shall be deemed the most highly qualified of those considered. 

4. E&AS shall establish and maintain A/E Reference File and Energy Services Company (ESCO) Reference files.

There shall be an annual A/E advertisement and a biennial ESCO advertisement requesting consultants to submit statements of qualifications and special capabilities for inclusion in the reference files.

These A/E reference file may be used in lieu of advertising on projects having an estimated consultant fee for total services under $150K. Statements of qualifications for these files shall be accepted year-round.  

5. Selection procedures vary according to the project's consultant fee. The following matrix shows the selections procedures:

  Project Consultant Fee of Total Services Amount  Selection Panel A/E Reference File  Ad in Newspaper Pre-Selection Info. Session Required Selection Phase 1 Selection Phase 2
A Under $35K (Quick Select) 1 or 2 person panel Yes Not Usually No Yes No
B Under $150K 3 person panel Yes Not Usually No Yes Interview in- person, by phone, or no interview
C Over $150K (Long Select) 5 person panel N/A Yes Yes Yes In-person interview
D On-Call Unlimited Fees
Used to select the list on on-call firms
 3 person panel N/A Yes Optional Yes Interview in- person, by phone, or no interview
E Special Projects selection procedures
– as approved by Enterprise Services Director
           
  Emergency Projects No No No No No No

A. Fees under $35K (Quick Select) – Require Deputy Assistant Director’s (DAD) approval. May be used if the Project Manager (PM) and Client Agency agree.

  • Selection Panel – Consists of the PM and the client agency or if the client agency agrees – the PM will make the selection.
  • Reference File – The reference files are used to obtain a list of prospective consultants or consideration.
  • Notification of Firms – All firms from the list are to be notified and provided an opportunity to provide supplemental information within a specified time period.
  • Additional advertising or pre-selection information sessions are not typically used.
  • Selection Phase I – The selection panel scores the firms from the reference file using information in the file and any supplemental information provided. Phone or in-person interviews are permitted if desired. The final selection is based on this scoring.
  • Selection Phase II – N/A
  • The highest scored firm will be invited for agreement negotiations.

B. Fees $35K - $150K

  • Selection Panel – Consists of PM, client agency representative, and a mutually agreed third panel member from E&AS or the client agency.
  • Reference File – The reference files are used to obtain a list of prospective consultants for consideration.
  • Notification of Firms – All firms from the list are to be notified and provided an opportunity to provide supplemental information within a specified time period.
  • Additional advertising or pre-selection information sessions are not typically used.
  • Selection Phase I – The selection panel scores firms from the reference file using information in the file and any supplemental information provided to select the three highest scored firms.
  • Selection Phase II – A minimum of the three highest scored firms (if available) form Phase I are considered for final selection. Final selection can be done by an in-person interview, a phone interview, or based on information in the reference file (plus any supplemental information provided).
  • The highest scored firm will be invited for agreement negotiations.

C. Fees over $150K [See Procedure 4.10.02 for details]

  • Selection Panel – Consists o two (2) project managers from E&AS, two (2) client agency representatives, and a private sector consultant. Additional panel members may be added by mutual agreement of the E&AS PM and the client agency representative from E&AS.
  • Advertising – In the appropriate newspaper(s), DES website and Washington Electronic Business Enterprises (WEBS) is required.
  • A pre-selection information session is required prior to the Phase I submittal due date.
  • Selection Phase I – The selection panel scores firms who submit in response to the advertisement.
  • Selection Phase II – The highest scored firms are invited for an interview. A minimum of three highest scored firms (if available) will be interviewed.
  • The highest scored firm from the interview will be invited for agreement negotiations.

D. On-Call Unlimited Fees

On-call agreements are established for services that may be needed for a defined period of time (typically a biennium). Multiple firms may be selected based on anticipated need. Firms selected using this process are not subject to a ceiling on their agreement amount. Individual amendments greater than $100K require E&AS Assistant Director approval. This process is not intended to circumvent the need to advertise for major projects (fees greater than $150K). It is intended for smaller projects and for testing, value engineering, constructability, commissioning services, etc.

  • Selection Panel – Consists of three (3) members that can be E&AS PMs or include client agency representatives.
  • Advertising – In the appropriate newspaper(s) DES website and Washington Electronic Business Enterprises (WEBS) is required.
  • Pre-Selection information is not required.
  • Phase I – The selection panel scores firms who submit a statement of qualifications in response to the advertisement.
  • Phase II – The highest scored firms from Phase I are considered or final selection. Final selection can be done by an in-person interview, a phone interview, or based on information submitted.
  • Using On-Call Firms – Firms selected using this process will be issued an agreement. The PM may choose an On-Call firm to perform needed service. An amendment to the agreement will be issued provided the fee, scope and schedule, an amendment to the On-Call agreement, will be issued.

E. Special Projects selection procedures:

  • Variations from standard selection procedures must be approved by the DES Director. Recommended variations must be submitted to the DES Director in writing and must be approved prior to beginning any special selection procedure.

6. Only the Director of Enterprise Services may approve changes to selection policies or procedures.

Only the Director of Enterprise Services has the authority to change or eliminate any selection policies or procedures. Recommended variations for projects with unique requirements are to be submitted to the Director in writing and must be approved prior to beginning any special selection procedure.

7. Consultant submittals not received on time shall be returned.

The date/time deadlines for submittals shall be published in all advertisements requesting consultant’s qualifications. The official date/time deadline will be marked by the date/time stamp machine designated by E&AS. It is the responsibility of the submitting consultant to allow sufficient time for all processing to occur which shall result in their submittal being stamped in before the date/time submitting deadline.

8. Discussion between panel members is permitted.

Discussion between panel members is permitted during the selection process. However, each panel member shall independently score each firm.

9. Consultants may contact panel members during the selection process.

Prospective consultants can request the names and work telephone numbers of panelists. Each panelist has the right to independently choose to talk with prospective consultants. Once a panelist decides to talk to consultants, the panelist must uniformly share the same information with each of the consultants who contacts them and with the rest of the selection committee members.

10. Panelists shall attend all of the Phase II in-person interviews.

Panelists not present during all of the Phase II in-person interviews shall not score and rank the finalists.

The PM has the right to delay the in-person interviews so a late-arriving panelist can attend, or choose to proceed with the interviews without the missing panel member(s). Substitution for a sick or unavailable panelist is permissible. However, the Phase II panel must contain at least two of the original Phase I panel members for the three member committee, and at least three of the original Phase I panel members for the five member committee for the selection to be considered valid.

An original panelist, unable to be present during all the in-person interviews and therefore losing voting rights, can participate in all other aspects of the selection, such as asking questions or discussions, if the remaining voting panel members agree. Non-voting personnel from E&AS or the client may observe the interviews; however, only voting members participate in the discussions with the interview and voting.

11. Ranking ties on panelist's Phase I scoresheets must be broken.

Ties in the "Rank Order" column of the individual panelist's Phase I scoresheets are not permitted. Panelists must individually determine how they will break a ranking tie on their scoresheet.

12. Ties in the panel's combined rankings in Phase I are not broken.

Ties in the "Rank Order" column of the final Phase I "Summary/Final Rank Sheet" are allowed. These ties may result in additional consultants, above the minimum or required, being interviewed during Phase II.

13. Ties in the panel's combined rankings in Phase II shall be broken.

Ranking ties on both the individual panelist's scoresheet and the combined panel's rankings shall be broken. Panelists must individually determine how they will break a ranking tie on their scoresheet. Ties on the final "Phase II Summary/Final Rank Sheet" (combined panel's ranking sheet) shall be broken by discussion of the panel members.

14. Selection documentation shall be complete before agreement negotiations begin.

Phases I & II ranking and scoresheets, plus Phase II Summary/Final Rank Sheet, shall be completed and signed prior to agreement negotiations.

All agreements must have a Phase II Summary/Final Rank Sheet and applicable scoring and ranking sheets as documentation.

15. Fee negotiations shall be fair and reasonable.

Fair and reasonable consultant fees must be negotiated in accordance with the current "Architect/Engineer Fee Schedule for Washington State E&AS Building Projects" when applicable. Any fee negotiated must reflect the project scope, complexity, and professional nature of the services required. [RCW 39.80.050]

16. Negotiations may be terminated.

If agreement negotiations with the first-ranked finalist are unsuccessful, the PM may request approval from the DAD to formally terminate negotiations. Upon written termination of the first-ranked finalist, negotiations with the next-ranked finalist can then begin.

This process may continue until the Phase II finalist list is exhausted or the PM receives approval from the DAD to proceed with a new and separate consultant selection for the project. [RCW 39.80.050]

17. Selection documentation is available for public review.

Phases I and II scoresheets and ranking sheets and other project selection documentation is available to the public after the in-person interviews are complete and the finalists have been notified of the results.

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Receiving and Opening Competitive Sealed Bids

This process applies to advertised and non-advertised competitively bid construction projects managed by Engineering and Architectural Services (E&AS).

The purpose of this process is to ensure conformance with the state's competitive bidding regulations and laws for bids received and opened under E&AS authority. (See RCW 9.19.120 & 39.30.020.)

1. The following definitions will be used throughout this document.

Term Definition
Bid Proposal: A document containing the price proposal identifying the bid price (s) for all construction work required.

(If base bid and sum of additive alternates is $1,000,000 or more this document must include names of subcontractors with whom the bidder will directly subcontract for performance of work for HVAC, Plumbing and Electrical.)

(If base bid and sum of additive alternates is $1,000,000 or more this document must include a provision for 15% Apprentice participation.)

 Bid Closing Designates the end of the time allowed for receiving price proposals.
E&AS Engineering & Architectural Services
Non-Responsive Bid documentation which is not in compliance with bid requirements.
PM E&AS Project Manager
Total Bid Price The total of the base bid price plus all additive bid alternates.

 

2. Bid proposals are received and opened in Olympia or at alternate locations.

Bid proposals may be received and opened in either the E&AS' office in Olympia or at alternate locations such as the client agency's facility. Advertisements soliciting competitive bids shall identify location and time of the bid proposals receipt and opening.

Regardless of location, adherence to all state regulations, laws, and E&AS' policies and procedures governing competitive bid proposal receipt and opening is required.

3. Bid proposals sent via facsimile (fax) or electronic mail will not be accepted.

4. The project consultant provides a project cost estimate before the bid opening.

The project A/E consultant shall deliver to an E&AS' Project Manager or contracts specialist in the Olympia office, or at an alternate bid opening location, an updated approved project cost estimate at least 24 hours in advance of the bid opening for the project. Project estimates should be delivered in a sealed envelope, or sent via facsimile (fax) or electronic mail to the bid opening site for placement into a sealed envelope by a state representative.

A designated state representative publicly opens and reads the updated project cost estimate prior to the close of bid opening.

5. Total Bid Proposals $1,000,000 and over require a listing of primary HVAC, Plumbing and Electrical subcontractors (RCW 39.30.060).

The Bid Proposal form provides space for recording the names of primary subcontractors. The "Instruction to Bidders" contains instructions for completing the listing of primary subcontractors. A bidder's failure to submit a Bid Proposal form with required listing of primary subcontractors as part of the bid proposal, may render the entire bid proposal non-responsive.

6. Documenting the receipt time and date of Bid Proposal is required.

The time and date marked on a bid proposal envelope by the official representative receiving bids for the state is the only acceptable evidence to establish the date and time of receipt of a bid submittal. A state representative will date and time mark submittals delivered by hand to the designated location immediately upon receipt.

Bid proposals delivered by mail to the designated receiving location will be date and time marked according to the receiving office's standard policy and procedure for receiving mail. Faxed or electronic mail proposals cannot be accepted as originals, and will render the bid proposal non-responsive (see item #3 above).

7. Identifying project information shall be written on bid proposal envelope.

The envelope containing a bid proposal form shall have the following information provided by the bidder on the front: (1) the time specified for receipt; (2) E&AS' project number and project title; and (3) the name and address of the bidder.

8. The official date and time clock is checked for accuracy on bid date.

Approximately one hour prior to bid closing, the designated "official bid clock" must be checked for accuracy. The official bid clock's accuracy shall be checked against the time provided by the "time-of-day" service found in the local telephone book or by accessing the U.S. Department of Commerce web site.  If a date/time stamp machine is not available for use, a clock that is in full public view in the office receiving the bids must be designated. Use the time from this clock to determine all the official receipt times that are hand-marked on the sealed envelopes.

At alternate office locations, a designated state representative is to stamp or hand mark all envelopes with the date and time received in the office.

9. The close of the bid proposal receipt period is loudly announced.

Once the date, hour, and minute of the bid proposal period is reached, the bid proposal receipt period is closed. At the close of the bid proposal receipt period, a designated state representative announces loudly, "No Further Bids Will Be Accepted."

10. Bid proposals received late are immediately date/time marked.

Bid Proposal forms delivered to and received by the state after the specified receipt date/time deadlines shall be:

  • left unopened,
  • date/time marked, and
  • marked "received late" on the envelope.

The unopened bid submittal envelope must then be forwarded to the E&AS' contracts specialists for return to the bidder.

11. Advertised competitive bids are opened publicly.

All advertised bids must have a formal public bid opening. The time and location of the opening must be identified in the advertisement soliciting competitive bids. Non-advertised competitive bids do not require a public bid opening.

12. Bidder’s name and city are listed on a bid proposal summary recording sheet.

Following receipt of the bid proposals, the contracts specialist or the designated state representative enters the bidders' names on a bid proposal summary recording sheet. This sheet provides the contracts specialist with a document on which to record the bid prices during bid opening.

13. Bid openings.

Envelopes containing Bid Proposal Forms are opened after the advertised bid closing deadline has been reached. A state representative publicly reads the bid proposals aloud and has them recorded on a Bid Proposal summary recording sheet.

14. E&AS representative(s) to open all bid proposals received.

All public bid openings require an E&AS representative to open bids. The E&AS representative shall open the individual envelopes of the bidders and announce the price. If subcontractors are listed, acknowledgement of listing can be made. A second person, either an E&AS representative, a state representative or the consultant's representative, shall record all bid information on a standard E&AS bid proposal summary recording sheet.

Bid proposals received and opened in alternate locations shall be opened and read by the E&AS project manager. A second person, either an E&AS representative, a state representative, or the consultant’s representative, shall record all bid information on a standard E&AS' bid proposal summary recording sheet.

After opening all the bid proposals and reading them aloud, the contracts specialist (or E&AS project manager) opens the project consultant's project estimate and reads it aloud. (See item #4 of this process). The project consultant provides a project cost estimate before the bid opening.)

After recording the last bidder's information at a public bid opening, one of the state representatives announces, "all bids received and opened are taken under advisement until formal award of contract is made."

 

15. Only one price proposal and form will be opened per bidder.

Only one Bid Proposal envelope per bidder is received and opened on each project. However, if more than one sealed envelope is accidently submitted or received, the date/time marking will determine which bid submittal will be opened and which will be returned unopened. The envelope with the latest official date/time marking is used as the bidder's official submittal. Only bid proposals marked as being received prior to the due date and time are opened.

16. Bid submittals may be withdrawn prior to bid opening.

If Bid Proposals are withdrawn before the receipt deadline, the bidder may resubmit the bid proposal. However, bid submittals that are resubmitted must be re-marked with a new date and time and are subject to the same deadlines as any bid proposal not previously submitted.

Bid proposals withdrawn after the bid closing are considered permanently withdrawn and cannot be resubmitted.

Either the bidder or the bidder's representative can make a request for permanent withdrawal of a bid proposal. The bidder or its representative must provide identification, such as a valid driver's license, for photocopying, and sign the bid proposal summary recording sheet or a written request, prior to the return of the bid proposal.

17. Contracts specialists evaluate bids to determine those that are responsive.

Following the opening and recording of bids in Olympia or at an alternate location, a contracts specialist from E&AS will distribute the bid results and complete an evaluation of the bids. This evaluation is completed within 24 hours from bid closing or from the receipt of the bid information from the alternate bid opening location. The evaluation of the bids will be completed.

18. E&AS notifies the client agency, project consultant, and PM of bid results.

If the client agency representative, project consultant, or project manager is not present at the bid opening, the E&AS contracts specialist will notify them of the bid results as soon as possible. Bid results from alternate locations are faxed as soon as possible to a contracts specialist within E&AS.

19. Bidders may request to withdraw their bid proposal after bid opening.

If a bidder wishes to withdraw its Bid Proposal due to an error or another reason, the following must occur:

  1. Bidder notifies E&AS PM, in writing, of its request to withdraw its bid proposal due to an error or another reason.
  2. E&AS may require written documentation substantiating a claim of bid error.
  3. E&AS will approve or disapprove, in writing, the request for withdrawal of the bid and determine if bid guarantee is returned or forfeited.

Note: Forfeited bid guarantees do not go to the client agency, but go to the state general fund.

20. Requests for bid results are provided by the project Contracts Specialist or E&AS' project manager.

Following the bid opening and initial notification, the E&AS receptionist or contracts support team member will respond to all requests for bid results. The customer service specialist or contracts support team member will FAX bid tabulation forms; will provide E&AS' web site address for bid results (results will be posted 24 hours after bid opening); or refer specific questions on bid results to the contracts manager.

Verbal response to public requests for bid results does not require a "Request for Public Records" form SF 258. Requests for photo copies of Bid Proposals for a project do require a completed and signed "Request for Public Records" form. Copying requires completion of form SF 276 and accompanying payment if required, and shall be submitted to the Contracts Manager.

21. E&AS retains bid guarantees submitted with bid proposals.

All bid guarantee checks must be deposited with the DES Financial Office at close of bid opening. Bid guarantees, including bid bonds, are retained until bid evaluation is completed. Upon completion of bid evaluation, bid guarantees, for the lowest and second lowest bidder are retained until execution of the construction contract. For all other bidders, bid guarantee checks are returned within 24 hours or the next work day.

A bid guarantee received at an alternate location must be stapled to its Bid Proposal and transported to E&A Services' Contracts Section for processing until completion of the bid evaluation.

Bid bonds are not returned to the bidders.

22. Questions or protests are directed to the Project Manager.

Questions or protests, from both Olympia and alternate locations, concerning bid policies and procedures are to be submitted in writing following the bid opening and recording period. These written requests are directed to the project PM. The PM shall inform the assistant program manager (APM) and the contracts manager of all bid protests.

Written requests for public records regarding bid procedure or bid documents are sent to the division's contracts manager. The contracts specialist for the project will respond to the requests within five (5) business days of receipt of the request.