Local Government Agencies (LGA) can consider hiring a consultant to assist with project work through a Project Specific or an On-Call contract. Both contract types can be utilized for the services described in Consultant Services.
Project Specific Contract
Project Specific contracts are used when the LGA wants to hire a single consultant team for a well-defined project or task and is prepared to begin the work once they are selected. For a Project Specific contract, there are certain steps that must be completed for Design/Plans and other steps that are required for Construction Contract Administration (CA) and Construction Engineering and Inspection (CEI) tasks.
The following guidelines apply for project specific tasks:
| PLANNING AND DESIGN TASKS* | CA AND/OR CEI TASKS |
Solicitation can occur after the municipal Agreement is executed; Preliminary Engineering (PE) Funding Authorization may be requested but does not need to be approved.
| Solicitation should occur at least three months prior to Advertising the project for Construction. This allows sufficient time for a firm to be onboarded and available for the pre-construction meeting(s). |
Firms and all Subconsultants must be pre-qualified for the type of work.
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At no time can the LGA solicit for both scopes of work on project specific solicitations.
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Selection of the Consultant must be based on qualifications.
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| | The firm that did design work cannot compete for CA and CEI without an exemption requested from and issued by the NCDOT Construction Unit. |
*Design/Plans, Environmental Documentation, surveying, etc.
IMPORTANT: The LGA can enter into a contract with the Consultant only after NCDOT has reviewed and accepted the cost estimate and the draft contract.
On-Call Contract
For an On-Call contract, a firm is hired with a range of qualifications for tasks that are not yet clearly defined or the LGA has not decided which projects or tasks the Consultant will be used for. The on-call arrangement is a way for LGAs to establish a pool of qualified consultants that NCDOT can review and confirm, so they are available when the LGA has identified a project or task and is ready to begin work that one of the respective firms can assist with. An on-call contract is useful if the LGA wants several qualified consultants to select from when undertaking projects funded through NCDOT.
The following guidelines apply to On-Call contract solicitation:
- The solicitation must be clear about the types of work that firms are submitting for
- Firms and all Subconsultants must be pre-qualified for each type of work for which they are approved
- The Request for Letters of Interest (RFLOI) must identify the selection process for the solicitation
- Selection of the Consultant must be based on qualifications
- The assignment process for project work by the LGA must be clearly identified in the RFLOI
IMPORTANT: Solicitation can occur prior to execution of the municipal Agreement or Funding Authorization for the phase of project work; however, the RFLOI should contain applicable provisions for using Small Professional Service Firms (SPSF) - see below.
After solicitation, the process continues as follows:
- LGAs enter into a Limited Service Agreement or Master Agreement with each selected Consultant that describes the type of work that might be available, but does not guarantee any work assignments
- The LGA publishes a list of selected consultants and the order in which projects shall be assigned
- Once a pool of pre-qualified consultants is established, the LGA should have a documented process of selecting which firm is next in rotational order for the specific type of work (alphabetical, ranked order, firm size, workload, etc.); the assignment of work should not be based on subjective criteria (for example, work experience)
Contract negotiations can begin after the following has occurred:
- A scope of work is identified for which the LGA will be reimbursed by NCDOT
- A municipal Agreement has been executed between the LGA and NCDOT
- Funding Authorization for the applicable phase has been obtained
Small Professional Services Firms
The Small Professional Services Firm (SPSF) Program is a race, ethnicity, and gender neutral program designed to increase the availability of contracting opportunities for small businesses on federal, state, or locally funded contracts. SPSFs must meet size standards as determined by the Small Business Association (SBA). Provisions for the utilization of SPSFs must be included in the request for proposals or services that an LGA issues. SPSFs are encouraged to be used and if everything is equal in the proposals, the team with SPSF participation should receive preference. |
