AIA Virginia Investing an Additional $17k for Qualifications Based Selection Loophole

Government Advocacy is part of the AIA membership. We must engage in legislative and regulatory affairs as it is the steering wheel to controlling your own destiny as professional. It is not an option.

Virginia has a relatively strong QBS process for procuring professional services and the central procuring agency in the state (DGS) continues to embrace the use of QBS. Unfortunately, several local governments, institutions of higher education, and other public bodies in the Commonwealth have taken advantage of exceptions to the QBS process within the VPPA. One specific exemption that we continue to see used is the ability of a local government to adopt its own “procurement act” within which it may choose to use a competitive process that is based on price, as opposed to qualifications.

In partnership with the American Council of Engineering Companies of Virginia, we will engage our lobbyists, Williams Mullen in additional services in an extensive effort to close the loophole. It is expected to be a multi-year effort.

Prior to any outreach, Williams Mullen will perform the necessary legislative research to determine the history of the specific exemption we are seeking to close as well as develop draft legislation that will close the loophole. The legislative effort to close this loophole has many challenges, starting with what we expect to be significant opposition from the Virginia Association of Government Purchasers, the Virginia Association of Counties, the Virginia Municipal League, and many individual local governments. While we plan to work with those entities at the appropriate time, we are fully expecting the need to enter the 2019 General Assembly Session facing significant opposition. In anticipation of this opposition, the lobbying effort will include “in district” one-on-one meetings (prior to the session) with key members of the General Assembly who serve in a leadership position or on the key committees (House and Senate General Laws). Due to the significant turnover, particularly within the House, the one-on-one meetings will be our opportunity to educate legislators (many for the first time) on the importance of QBS.

We will need our members to be ready to engage at the appropriate time in these meetings. Please don’t worry, AIA Virginia will make sure you are prepared to answer the call of duty.

During our education effort, we will be working closely with Chairman Peace and Chairman Ruff with the goal of each serving as a patron in their respective bodies. As long as one or both of the bills are still alive we will continue our lobbying effort through subcommittee, committee, the floor, conference committee, and the Governor’s office.

Corey Clayborne, AIA
Executive Vice President
cclayborne@aiava.org