Key Alerts
ATTENTION LOUISIANA ASCE MEMBERS
QBS IN LOUISIANA IS THREATENED BY NEW LEGISLATION
Contact your state legislators today to oppose changes that would undermine Louisiana's Qualifications-Based Selection (QBS) law! Legislation introduced in the Louisiana House of Representatives would seriously undermine the integrity of Louisiana's QBS procurement system for engineering services.
House Bill 1342 excludes engineers from the definition of "professional services" relative to public contracts- effectively stopping Qualifications Based Selection for engineering services in the state. This bill was prefiled in the Louisiana House of Representatives on March 19th by Representative Hebert and was provisionally assigned to the House Committee on Transportation, Highways and Public Works.
The major problem with this bill is it changes the Public Bid Law and the State Procurement Code to exclude engineers from the definition of "professional services". In Louisiana, a person who is retained or employed by an agency to perform "professional services" is subject to selection under a Qualifications Based Selections system. If engineering services are no longer considered to be "professional services", agencies would be able to select engineering services based on cost.
ASCE believes that the selection of professional engineers as prime consultants and subconsultants should result from competition based on the qualifications best suited to complete the work successfully. Qualifications including the training, registration, experience, skills and availability of the proposed project personnel are paramount in engaging engineering services. Cost of engineering services, while important and meriting careful negotiations and performance accountability, is related to work to be performed which often is not clearly defined at the time the engineer is selected. Therefore, cost should be secondary to professional qualifications. (ASCE Policy Statement 304)
Send a letter to your State Legislators from ASCE's Online Advocacy Site!
Login to ASCE's Internet Advocacy Website at http://www.asce.org/advocacy.html to send a letter to your state representatives and senator. Use your six-digit ASCE member number for the "Name" and your last name for the "Password". Click the "State Advocacy" button at the top of the page. The website will provide you with a sample message and talking points to help you craft your own personal message to your lawmaker.
Please be sure to include your full postal address and contact information in your message so that the representative's or senator's office can identify you as a constituent and will know where to send a response. Please remember to send a copy of your message to ASCE's government relations office at govwash@asce.org Alternatively, you may choose the fax option to send your message.
Action Requested:
- Call, fax, or write to your state legislators and urge them oppose H.B. 1342. Let them know that you are concerned about putting unnecessary barriers in place to contracting out for engineering services. Talking points on H.B. 1342 are included below.
- Let ASCE know of your action. Knowing which legislators are hearing from their constituents can help us a great deal in working with them in the future. Send copies of your correspondence to Lauren Bailey, ASCE's Manager of State Government Relations, at lbailey@asce.org, or by fax at (202) 289-6797.
- This legislation would override the state's successful qualifications-based selection (QBS) law of hiring design professionals based on their qualifications to perform a particular job.
- This legislation would allow price competition for engineering services.
- For many years, most states and the federal government have used qualifications-based selection (QBS) procedures to hire design professionals, including engineers with good results.
- Under QBS procedures, professionals are evaluated in two steps. The first requires a review of the applicants' qualifications only. The second step, conducted between the public entity and only the qualified firms or individuals, comprises the negotiation stage in which the project's parameters are defined for both client and professional.
- The danger of introducing price as a factor early in the process is that it tends to overshadow other concerns. Quality, life-cycle costs and other long-term factors tend to become unimportant because of their added cost.
- If price is introduced as a factor too early in the process there is a danger that it could force a bidding war between the best-qualified firm and lesser-qualified firms. This undermines the basis of QBS selection, and opens the bidding process to excessive subjectivity in deciding which qualified firm should receive the bid.
1. Identify yourself as an engineer and a constituent.
2. Explain that you oppose H.B. 1342
3. Ask your legislator to let you know his/her position on the bill.
When calling your legislators:
1. Identify yourself as an engineer and a constituent.
2. Briefly explain that you oppose H.B. 1342.
3. Ask if the legislator has a position on the bill.
a. If the legislator already opposes the bill, thank him/her for supporting engineers.
b. If the legislator is undecided, ask him/her to consider opposing the bill.
c. If the legislator favors the bill, politely ask him/her to reconsider his/her support and explain that this is an important issue for you.
For more information, please contact Lauren Bailey, ASCE's Manager of State Government Relations, at (202) 326-5138, or via e-mail at lbailey@asce.org
The information contained in this message is provided as a service of ASCE's Government Relations Department. You are receiving this email because you are a member of ASCE. To update your profile please go to http://www.asce.org/myprofile
