AIA Virginia Looks to Address Removal of Uninsurable Language in Design Contracts

In an effort to build a stronger relationship with those who procure professional services, AIA Virginia and the American Council of Engineering Companies (ACEC) Virginia have partnered on a joint sponsorship of the Virginia Association of Governmental Purchasing (VAGP) Fall Symposium. The event will be held September 29 – October 1 at the Virginian Hotel in Lynchburg. VAGP represents over 1,100 procurement professionals employed by public entities across the Commonwealth. This year’s Fall Symposium will emphasize professional development in the procurement of professional services and construction.

Matt Gough (Partner at Ames & Gough) and Jonathan Shoemaker (Managing Member at Lee/Shoemaker) will present on behalf of AIA Virginia and ACEC Virginia. The title of the presentation is “We Agree to What?” and will cover problematical indemnity, insurance, and standard of care terms.

Advocacy Meeting with State Senators

The practice of Architecture is a regulated profession that depends on the actions of the General Assembly and the Administration. Our elected officials discuss and debate legislation that affects our profession every day. Architects must engage in the legislative and regulatory process to protect our profession and keep it strong for the future. Building relationships with legislators give our profession a voice in the political process.

On July 27 Eliza Engle, AIA and Sean Reilly, AIA, members of AIA Virginia’s Government Advocacy Advisory Council had a very productive meeting with three Virginia State Senators and representatives from other industries at Williams Mullen, AIA Virginia’s lobbying firm. Senators Jill Vogel, Glen Sturtevant and Dick Black all serve on the Senate General Laws Committee, which debates and decides on legislation that impacts our profession. Each representative was given the opportunity to introduce themselves and speak about legislative concerns they wanted to share with the Senators.

Engle and Reilly emphasized the importance of Qualifications-Based Selection (QBS) and the existing loophole that allows local governments and other public bodies to choose a competitive procurement process based on fee instead of qualifications. The Senators were very interested in learning more about the QBS loophole, which seemed to garner the most discussion of any topic at the meeting.

Senator Dick Black noted that the Dillon rule was originally created so that the most qualified vendor would be selected based on their experience, not based on the lowest fee. Reginald Jones, partner at Williams Mullen, spoke about the need to have a uniform set of professional services procurement rules throughout the state, rather than a mixture of locally adopted procurement procedures that has been evolving. Senators Vogel, Black and Sturtevant all agreed that the Qualifications Based Selection law is important and should be consistently upheld throughout the state.

Gaining the Senator’s support of closing the QBS loophole is a key step in what we anticipate will be a multi-year effort. The QBS loophole is just one of many issues we are working on that are important to our profession. We have a lot of newly elected officials on key committees to educate and seek support from on issues that impact our profession. In order to have a voice in the political process and build relationships with key influencers, it is important to financially support lawmakers who best support our position on the issues, regardless of party affiliation. The AIA Virginia PAC disburses funds to legislators who support issues that affect all Architects in the Commonwealth of Virginia. We strongly urge you to raise the volume of our advocacy voice by giving to the PAC today.

Procurement Concerns Drive Meetings with Legislators

Suggested changes to the procurement system that would cede public bodies’ control over professional services has fueled VSAIA’s efforts in the interim to meet with influential delegates and senators.

The VSAIA has conducted these types of meetings in the past when conditions required them. The impetus this year comes from the nearly complete, two-year study of the VPPA concurrent with its reorganization. Unfortunately, such adjustments always attract interest in additional change that may not be in the best interest of the public.

Al Storm AIA, Al Hansen FAIA, and Duncan Abernathy AIA met in mid-August with Del. Thomas A. “Tag” Greason (R-Lansdowne) in his Reston offices. The architects expressed their concern with several proposals made during the citizens’ group workshops being held this year. Storm and Hansen work at DBI Architects Inc. in Reston.

This year, the second of the study, the Act is being reviewed by two workgroups, each of which will report to the legislative commission established to develop and present amendments to the Act to the 2015 General Assembly. Elements affecting professional services are being reviewed by workgroup one. Architects and professional engineers’ positions are being represented by Chris Stone PE, president of Clark Nexsen, and Patrick Cushing Esq., legislative counsel to the VSAIA from Williams Mullen.

The workgroups’ reports will be crafted by legislative services in October into a draft bill, which will be presented to the legislative commission in November.

The VSAIA is asking any members with personal relationships with legislators on the House or Senate general laws committees (go here and here) to inform Duncan Abernathy (daber@aiava.org) of this relationship. If you are selected, we will train you and ask that you schedule a meeting with the legislator to present the profession’s positions.

The Act details how the Commonwealth and localities procure goods, services, and professional services. Procurement of professional services — including architecture and engineering — differs from the procurement of goods and non-professional services.

The details of the procurement process were set in place in 1982 to protect the public’s major investments in the Commonwealth’s infrastructure at both the state and local levels. It is intended to be transparent and deliberative, much more so than private industry specifically to avoid even the appearance of favoritism or misfeasance.

The VSAIA and its legislative partner — the American Counsel of Engineering Companies — and our legislative counsel agree that this year’s attacks require an intensive lobbying campaign to maintain the Act’s protections. Other meetings in the works are with Del. Todd Gilbert (R-Woodstock), Del. Betsy Carr (D-Richmond), Del. Joseph R. Yost (R-Pearisburg), and Sen. Frank Ruff (R-Clarksville), all of whom also serve on the General Laws committee. In addition to Delegate Greason, VSAIA representatives also met with Del. David Albo (R-Springfield).

Procurement Act Under Attack

Del. Dave Albo (L), Shaun Curran AIA, and Kathryn Prigmore FAIA confer on the Virginia Public Procurement Act in Delegate Albo’s Springfield office.
Del. Dave Albo (R), Shaun Curran AIA, and Kathryn Prigmore FAIA confer on the Virginia Public Procurement Act in Delegate Albo’s Springfield office.

The VSAIA is moving into a more offensive position in preparation for what it sees as attacks against the Virginia Public Procurement Act (VPPA).  Members and staff are meeting with several legislators during the interim and are engaging our legislative counsel to do the same.

The VSAIA has conducted these types of meetings in the past when conditions required them.  The impetus this year comes from the nearly complete, two-year study of the VPPA concurrent with its reorganization.  Unfortunately, such adjustments always attract interest in additional change that may not be in the best interest of the public.

In late July, Kathryn Prigmore FAIA, a vice president with HDR Inc., and Shaun Curran AIA, an associate with The Lukmire Partnership, joined VSAIA staff in presenting the profession’s position on the changes being considered this summer and fall to Del. David Albo (R-Springfield).  Both Prigmore and Curran live in the district represented by Albo.

In this the second year of the study, the Act is being reviewed by two workgroups, each of which will report to the legislative commission established to develop and present amendments to the Act to the 2015 General Assembly.  Elements affecting professional services are being reviewed by workgroup one.  Architects and professional engineers’ positions are being represented by Chris Stone PE, president of Clark Nexsen, and Patrick Cushing Esq., legislative counsel to the VSAIA from Williams Mullen.

The work groups’ reports will be crafted by legislative services into a draft bill, which will be presented to the legislative commission in November.

The VSAIA is asking any members with personal relationships with legislators on the House or Senate general laws committees (go here — http://hodcap.state.va.us/publications/housecommitteechart2014-5.pdf — and here — http://lis.virginia.gov/cgi-bin/legp604.exe?142+com+S12) to inform Duncan Abernathy, AIA, of this relationship.  If you are selected, we will train you and ask that you attend a meeting with the legislator to present the profession’s positions.

The Act details how the Commonwealth and localities procure goods, services, and professional services.  Procurement of professional services — including architecture and engineering — differs from that used to procure goods and non-professional services.

The details of the procurement process were set in place in 1982 to protect the public’s major investments in the Commonwealth’s infrastructure at both the state and local levels.  It is intended to be transparent and deliberative, much more so than private industry specifically to avoid even the appearance of favoritism or misfeasance.

The VSAIA and its legislative partner — the American Counsel of Engineering Companies — and our legislative counsel agree that this year’s attacks require an intensive lobbying campaign to maintain the Acts protections.  Other meetings in the works are with Del. Tag Greason (R-Reston) and Del. Todd Gilbert (R-Woodstock), both of whom also serve on the General Laws committee.  Other members of the House and Senate general laws committees will be scheduled as soon as possible.