PURPOSE
The purpose of this procedure is to establish guidelines to follow when one of the Pre-Qualified On-Call Consultants (PQOC) Lists is to be utilized, rather than going through the RFP contracting process.
REFERENCES
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RESPONSIBILITIES
Project Manager (PM): The PM is responsible for making a recommendation to the Program Manager to use an existing PQOC Consultants List. Once approval to use the PQOC Consultants List is received from the Program Manager and the City Engineer, the PM is responsible for informing the PSCS Contract Coordinator of their intent to use the List; preparing the Task Order Solicitation (TOS) Approval/Revision Form (Attachment 6.13-2); obtaining the appropriate signatures; preparing the TOS; and obtaining the Board of Public Works’ approval (for Task Orders over $100,000) to issue a Task Order to the selected firm. The PM must coordinate these procedures with the Contract Coordinator for the PQOC Consultants List to ensure the information is entered properly into the Personal Services Contract System (PSCS). The PM or his/her designee is also responsible for issuing Sub-Task Orders (as needed) and ensuring they do not exceed the cost ceiling amount of the Task Order. The PM along with the Program Manager are responsible for negotiating and documenting negotiated changes to the Hourly Billing Rates and Hourly Salary Rates.
Program Manager: The Program Manager will consider the PM’s recommendation and secure the City Engineer’s approval to issue a TOS. The PQOC Consultant contracts can be used within the Program, by other Programs within BOE, by other Bureaus within the Department, and by other City departments, if approved by the Program Manager. Any subconsultants added to a PQOC contract after its execution must be approved by the Program Manager in writing. In addition, any changes to the hourly billing or salary rates and Consultant personnel changes also require approval from the Program Manager.
PSCS Contract Coordinator: It is the responsibility of the PSCS Contract Coordinator to review invoices for applicable rates and reimbursable items; and ensure all invoices are 1) routed for appropriate signatures, 2) entered into PSCS as soon as they are approved for processing, 3) sent to the Office of Accounting for payment, and 4) linked to uploaded expenditures, if applicable. The PSCS Contract Coordinator is also responsible for preparing the monthly status report, obtaining the Program Manager’s signature, and submitting the signed report to PAC.
Project Award and Control Division (PAC): The PSCS Section of PAC is responsible for setting up the PQOC contract in PSCS; properly inputting all Task Orders prior to the issuance of an NTP; adding approved subconsultants into the system; uploading all contract documents; and maintaining the PQOC Consultants Lists on the Bureau’s Internet through Task Order input to the PSCS. The PSCS Section will input contract and Task Order multipliers into the PSCS System. The PSCS Section is responsible for compiling the monthly status reports from the various Contract Coordinators to generate the oral report to the Board and the written report to the Mayor’s Office regarding all activity related to personal services contracts. The Personal Services Contracts Section of PAC is responsible for maintaining the procedures for using the PQOC Consultants Lists and providing assistance to the Bureau on document preparation and review.
PROCEDURE
Over the past several years, the Bureau has put into place several types of PQOC Consultant Contracts. Multiple firms are chosen as being pre-qualified to do a certain type of work and contracts are signed with each of the Consultants. When a project is identified and the PM and Program Manager determine that the PQOC Consultants List would be more advantageous to use than the RFP contracting process, the PM should follow the procedures as detailed in “Use of the PQOC Consultant Lists - Procedures” (Attachment 6.13-1).
Issuing a project to one of the PQOC Consultants is similar to the procedures for selecting a Consultant from a project specific RFP/RFQ. However, the PQOC Consultant has already satisfied the City’s contracting requirements. Normally, if it is expected that many of the projects will exceed $100,000, the PQOC Consultant has previously complied with the Business Inclusion Program requirements at the time of the RFQ processing. The Office of Contract Compliance has already certified that the PQOC Consultant is in compliance with the Equal Benefits Ordinance, Slavery Disclosure Ordinance, Living Wage and Service Contractor Worker Retention Ordinances, Child Support, Affirmative Action, Non-Discrimination, and Equal Employment Practices. As a result, it is much quicker to select a PQOC Consultant for a specific project than it is to go through the RFP contracting process.
For the most recent list of on-call consultants available, go to http://eng.lacity.org/consultants. In the past, PQOC Consultants Lists have existed for the following types of services:
Geotechnical, Engineering Geology and Environmental Exploration Services, including Hazardous Materials Studies and Environmental Site Assessments
Environmental Documentation Services (Environmental Impact Reports, negative declarations, etc.) and Special Studies (archaeology, paleontology, historic preservation, etc.)
Real Estate Services including Appraisals
Civil Design Services, including Street and Storm Drain Design and Development Services
Bridge Design Services
Wastewater and Environmental Engineering Services
Architectural Design Services
Landscape Design Services
Library Design Services (Bond Program)
Fire Station Design Services (Bond Program)
Animal Shelter Design Services (Bond Program)
Police and related Public Safety Design Services (Bond Program)
The PM should follow Attachment 6.13-1 when using the PQOC Consultants Lists and use the Record of Selection and Negotiations package to document the process (Attachment 6.13-13). In general, the steps to be followed to use one of the PQOC Consultants Lists are as follows:
PM to work together with the PSCS Contract Coordinator when using a PQOC Consultants List.
PM to prepare the Task Order Solicitation (TOS) Approval/Revision Form (Attachment 6.13-2) and have the form approved by the Program Manager, Division Manager, Administrative Services Division, Deputy City Engineer, and the City Engineer. If a PQOC Consultant is being requested by another Division, Bureau, or Department, the Division Manager of the PQOC Consultants List should sign the TOS Approval/Revision Form.
Based on the language in the RFQ and/or the contract, the PM must determine whether the TOS will be sent to only the first firm on the list, the top three firms, or the entire list of firms. If sent to multiple firms, the criteria for selection must be included in the Solicitation. A guideline of the selection criteria is provided as Attachment 6.13-4. The guideline can be modified to best reflect any specialized criteria needed for the project or to redistribute the weights for each criterion.
For emergency situations where the estimated cost of the Task Order exceeds $100,000, the Bureau's Liaison Board Commissioner must be briefed prior to the distribution of the TOS.
TOS issued. If necessary, a pre-submittal meeting can be held to discuss the specifics of the Task Order and project.
Task Order proposals are received from the PQOC Consultants. The proposals are evaluated by an appropriate selection panel using standardized scoring sheets to ensure a fair and competitive selection process (Attachment 6.13-5). The scores can then be summarized using a Proposal Scoring Summary form (Attachment 6.13-6). If several proposals are received, the firms can be “short-listed” and the top firms can be interviewed. The interview will be scored using a similar, standardized process. The PQOC Consultant that is able to provide the proposed services for the best value to the City, is selected and the documentation supporting the selection is to be included in the project file.
The Task Order is negotiated for project schedule, deliverables, and cost. A Record of Negotiations (Attachment 6.13-13) containing the specific details must be completed and placed in the project file.
If the Task Order exceeds $100,000 or is revised to exceed $100,000, the PM prepares a Board Report (Attachment 6.13-3) authorizing the City Engineer to issue or revise the Task. For Task Orders of $100,000 and less, the City Engineer may issue the Task to the selected PQOC Consultant without Board approval.
Selection and non-selection letters (Attachment 6.13-12) should be issued once a final selection has been made and is approved by either the City Engineer or the Board depending on the value of the Task.
PAC’s PSCS Section inputs the Task Order into PSCS. If the Task exceeds $100,000 and is not exempt of the Business Inclusion Program, the consultant’s anticipated subconsultant participation pledges must be entered in PSCS; otherwise, the Task should be marked “exempt” in PSCS with the appropriate reason noted. After inputting the issued Task into PSCS, the PQOC Consultants List may be rotated with the selected Consultant moving to the bottom of the list.
Encumber funds to cover the approved amount for the Task Order. The approved amount for the Task Order should include a contingency amount.
After encumbering the needed funds, the PM should prepare and sign a Task Order Agreement Form (TAF) (Attachment 6.13-7) to memorialize all of the parameters involved in the Task Order. The TAF should then be signed by the Program Manager and the Consultant. One copy should be distributed to the Consultant and another placed in the project file.
Once the selected PQOC Consultant has complied with the insurance requirements, a Notice to Proceed (Attachment 6.13-8) is prepared and submitted to the PAC Division for approval. Once approved, the NTP is entered into PSCS by the Contract Coordinator and sent to the Consultant.
When there are either multiple tasks within a Task Order or the activities to be performed are not specifically defined, the PM or his/her designee has the option to issue discrete Sub-Task Orders using the Sub-Task Order Authorization Form (Attachment 6.13-9).
For example, a PM issues a Task Order to a consultant to provide Community Mitigation and Public Outreach support for their projects. At the time the Task Order is issued, specific tasks and activities are not identified and thus are not included in the Task Order. As the projects progress and these activities come up, the PM can issue Sub-Tasks to the Consultant, each one identifying a specific scope of work and associated cost.
There are three types of Sub-Task Orders: Lump Sum, Hourly Billing Rate, and Cost Reimbursement. Some contracts allow for the use of all three methods of compensation, whereas others do not. The Cost Reimbursement type lends itself best to the use of Sub-Task Orders where there is a need to retain the services of the Consultant on an as-needed or hourly basis. Cost Reimbursement Sub-Tasks require the Consultant to submit, in advance, the hourly rate (base rate plus overhead and profit) of each employee that will be charging to the Sub-Task Order. Changes in personnel and their hourly rates must be approved in writing by the PM prior to use (Attachment 6.13-11). In addition, other direct costs (materials, equipment, etc.) made by the Consultant are also reimbursable. These must be reviewed for validity and reasonableness in accordance with the Contract. Lump Sum Sub-Task Orders are used when the Sub-Task work is well defined. They are negotiated with the Consultant to set a final cost. In either case, the PM must document, in the project file, the negotiations with the Consultant to determine the lump sum or review of the submitted hourly rates. It is required for the Consultant to prepare an Expenditure Plan for Sub-Tasks over $100,000. In some cases, Sub-Tasks that are under $100,000 may have MBE/WBE/SBE/EBE/DVBE/OBE pledges that may be entered into PSCS for the purpose of including their utilization for the entire contract.
In submitting invoices, the Consultant must follow the procedures established in the particular PQOC contract. In general, this will require that the invoice be submitted to the PM who will route the invoice to the Contract Coordinator. The Contract Coordinator will verify the rates and calculations, ensure the supporting documentation is attached and then return the invoice to the PM for verification of the work performed and Other Direct Costs.
The PM should inform the Contract Coordinator if there is a disputed item on the Consultant’s invoice. Any disputed items should be handled in accordance with the contract language. If the contract does not address disputed invoice items, the Consultant should be notified immediately and given the option to either hold the entire invoice or accept payment on the undisputed items while a resolution is reached on the disputed items.
The PM and/or the Program Manager will sign off on the invoice or undisputed portion of the invoice and submit it to the Contract Coordinator for further processing. For Task Orders and Sub-Task Orders exceeding $100,000, the Subconsultant Utilization-Invoice Attachment form (refer to Procedure 6.9, Paying for the Work - WBS and MBE/WBE/SBE/EBE/DVBE/OBE Utilization) must be included with the invoice. The Contract Coordinator inputs the invoice and subconsultant utilization information into PSCS and routes the approved invoice to the Office of Accounting for payment.
The PM is to work with the prime Consultant to meet the pledged MBE/WBE/SBE/EBE/DVBE/OBE participation levels. The PM may request a remediation plan from the Consultant if utilization is below the amounts pledged in the MBE/WBE/SBE/EBE/DVBE/OBE Utilization Profile.
Subconsultants used on Task Orders should be taken from the Consultant’s list of potential subconsultants in their contract. Subconsultants may be added to the list; however, the Consultant must submit a written request for the addition and it must be approved by the PM (Attachment 6.13-10). Substitution of a subconsultant requires the Board’s approval.
In the event it becomes necessary to terminate a Task Order for reasons other than cause, the PM should inform the Consultant in writing as soon as feasible and provide the Consultant the opportunity to consult with the PM prior to the termination. Upon the effective date of the termination, the Consultant must discontinue all work on the Task, unless directed otherwise, and return all materials and contents accumulated in the performance of the Task to the City. The Consultant is entitled to payment only for the services rendered and only for those services authorized under the Task. If the Consultant was on a rotational list, their placement on the list as well as their eligibility for any new solicitations will be subject to the City Engineer’s discretion. If termination is being considered as a result of the Consultant’s negligence or default, the PM should refer to the appropriate Articles of the Consultant’s contract as well as the Contract Termination Section of Procedure 6.8 - Managing Consultant Performance and consult with their City Attorney.
When the PQOC contract term has expired, the PM should follow Procedure 6.11 - Consultant Performance Evaluations and Procedure 6.12 - Closing the Contract.
RELATED PROCEDURES
Links / Attachments
Links
Lists of the active Pre-Qualified On-Call Consultant Contracts. Also, copies of existing personal services contracts are available online in the Personal Services Contract System.
Personal Services Contract System (PSCS) (City Staff only) – Information on the existing Personal Services contracts is contained in the PSCS report (City Staff only) published regularly by PAC.
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