Contract Administration Process and Procedures, ADoT PDF
Contract Administration Process and Procedures, ADoT PDF
Contract Administration Process and Procedures, ADoT PDF
Compliance ADOT
Contract Business
Ensure
with FAR & Engagement & Compliance
CFR Audit & Compliance with
Regulations Analysis Office Contracted
DBE Goals
ADOT
Project & Local Public
Agencies Consultants
Contract
Managers
Manage the
Execute
Scope, Delivery of Contracted
Schedule & Program Scope
Budget
Contract Administration Process & Procedures
Introduction
So…Who are we?
ADOT Engineering Consultants Section (ECS)
• Prescribe and Administer the procedures to advertise, select, monitor and
manage professional services contracts, which are exempt from the State
Procurement Code.
• Process is applicable to all state administered, federally and non-federally
funded projects.
$1 of federal funds used on a contract federalizes the contract. (Example: PDS)
On-Call Contracts
• Contract is advertised and negotiated with no defined scope or fee.
• Costs are negotiated prior to Notice to Proceed (direct and indirect costs)
• Task Orders are assigned to each contract
o Utilize already established Negotiated Costs & Teams
o Costs and Scope are negotiated based on assigned Task Order
• Multiple Task Orders can be assigned to each contract, but Task Orders must be
distributed equally (volume and revenue)
• Reporting to ADOT & FHWA on distribution of tasks, cost growth and Task Orders
exceeding $500,000.
• For use on tasks with a contract budget less than $500,000.
• For LPA administered On-Call contracts, contract budget limit is $250,000/task.
• FHWA approval required for Task Order assignments which have budgets exceeding
$500,000 and contracts exceeding $2mil.
Quick Comparison:
Project Specific On-Call Contract
• Costs are negotiated prior to NTP. • Costs are negotiated prior to NTP
• Established Scope of Work for Project & • Task Orders are assigned, each with its
Contract. own separate scope of work.
• Established DBE Goal for the Contract. • Established DBE Goal for the Contract
o Applied to each Task Order
• Project and Funds are Authorized by • Project and Funds are Authorized prior
ADOT and FHWA prior to Advertisement. to execution of Task Order
Modification.
• Changes to the established scope of • Changes to the established scope of
work can be made by Contract work can be made by Contract
Modification. Modification.
Contract Administration Process & Procedures
Introduction
Key Terms, Acronyms and Information associated with the contract lifecycle:
Brooks Act – Public Law 92-582 (40 USC 1104):
• Selection of firms and individuals to perform architectural, engineering and related services
based on demonstrated competence and qualifications for the type of professional services
required.
• Cost/Value are not a factor in a decision
• Location of a Firm/Team is not a factor in a decision (no location preference is allowed).
• The agency shall negotiate a contract with the highest qualified firm at compensation which
the agency head determines is fair and reasonable.
49 CFR Part 26
• Regulations for participation by Disadvantaged Business Enterprises in federal DOT financial
assistance programs. This also includes all required reporting and documentation.
ECS Contract Award and Administration Procedures
• Rules and Procedures that govern ADOT’s Engineering Consultants Section’s award and
administration of professional services contracts.
ADOT Local Public Agency Projects Manual
• Rules and Procedures that govern LPA’s administration of federally funded projects
FAR – Federal Acquisition Regulations
USC – United States Code
• Basis for accepted accounting principles and regulations, as well as contract administration
rules.
ARS 41-2501 – Exemption to Procurement Code
Contract Administration Process & Procedures
Introduction
What do we do?
How do we do it?
Why do we do it?
•Initiation
Contract
Initiation •Selection
•Negotiation
Contract Administration Process & Procedures
Contract Initiation
Initiation of Contract
1. Development of the Project’s Scope of Work and Need
2. Development of the Contract and Project Schedules
3. Establishment of DBE Goals
• Each Contract is assessed a DBE Goal – 49 CFR Part 26
• This applies to both Project Specific and On-Call Contracts
• Goal is established prior to contract advertisement based on:
a. The anticipated scope of work to be performed under the contract.
b. The availability of resources that can perform a commercially useful function.
4. Documentation of Selection/Evaluation Criteria
5. Authorization of Funds for the Project
• Five-Year Transportation Facilities Construction Program
• FHWA Authorization of Funds
• IGA
Contract Administration Process & Procedures
Contract Initiation
“WHY?
To ensure that your selection process was fair, consistent, and defendable.
Contract Administration Process & Procedures
Contract Initiation
• ADOT endeavors to negotiate scope, rates and costs that are fair and reasonable in
accordance with 40 USC 1104. (consistent with the Brooks Act)
• Pursuant to 23 USC 112 (B)(2), contracts for engineering services shall be performed
and audited in compliance with cost principles in Part 31 of the Federal Acquisition
Regulation (FAR).
• Contract funds are encumbered prior to issuing a Notice to Proceed (NTP).
Contract Administration Process & Procedures
Contract Initiation
Notice to Proceed
• The consultant is issued a “Notice to Proceed” (NTP) once the terms of the contract
are agreed upon (negotiations are complete) and upon receipt of FHWA Funding
Authorization. ** No verbal or email authorizations are allowed.
• An Advanced Notice To Proceed (ANTP) or Advanced Authorizations (AA) may be
issued if it is determined and agreed upon that a consultants work must start while
the contract negotiations are being finalized.
1. Emergency Situations
2. Time Constraints
** No verbal or email authorizations are allowed.
Contract Administration Process & Procedures
Contract Initiation
“WHY?
To ensure that your negotiation process was fair, reasonable, consistent,
and defendable.
Contract Administration Process & Procedures
Contract Initiation
• Contract Initiation
1. Development of the Project’s Scope of Work and Need: 2-4 Weeks
2. Development of the Advertisement and Contract Documentation: 3 Weeks
3. Establishment of DBE Goals: 1-2 Weeks
4. Authorization of Funds for the Project: 2-3 Months
• Consultant Selection Process
1. Contract Advertisement: 3-6 Weeks
2. SOQ Evaluation & Scoring: 4-6 Weeks
3. Selection Meeting & Ranking : 1-2 Weeks
4. Notification: 1 Week
• Contract Negotiation Process
1. Preparation & Submittal of Cost Proposal Documents: 3-4 Weeks
2. Cost Proposal Review & Negotiation (including Audit review): 4-8 Weeks
3. Notice to Proceed (finalize, encumber, execute): 1-2 Weeks
Contract Administration Process & Procedures
Contract Initiation
What are some “Barriers” to a Smooth and Timely Selection & Contract
Execution Process?
1. Funding is not authorized or available.
2. Scheduling conflicts with panel members.
3. High volume of SOQ’s to review…requires more time.
4. Panel Member conflict of interest issues.
• Potential Removal or Re-assignment.
5. Filed Protests or Appeals.
• Appeal of SOQ Acceptance
• Protest of Selection
6. Poor Communication of:
• Schedules
• Submittal Requirements
• Questions and Responses
7. Incomplete or Delayed Submittals & Reviews
8. Review and/or negotiation of allowable or unallowable expenses.
9. Errors in Contract Documents
Contract Administration Process & Procedures
Contract Administration
• Execute Work
Contract
Initiation
Initiation
Selection
Contract • Modifications
Negotiations
Administration • Payment
Reports
Contract Administration Process & Procedures
Contract Administration
Execution of Work
• The consultant, in close coordination with other project stakeholders,
performs the professional services outlined in the contract.
• Payment Reports are issued, processed and paid as defined in the
Agreement and per Prompt Payment Law.
• Contract Modifications are processed as required (this includes any
necessary Time Extensions).
• Required reporting and documentation of DBE Participation.
• Annual Performance Reviews are performed to address the consultant’s
performance on an annual basis (through eCMS). Consultants, PMs,
Audit and ECS participate in this process.
Contract Administration Process & Procedures
Contract Administration
Payment Reports
• Pursuant to Section 4.04 of the contract, consultants are required to:
1. Submit Payment Reports on a monthly basis reporting its monthly costs. Payment
Reports are not required for on-call contracts without any assigned task orders
added by executed modification.
• If no work has been performed in any month, the Consultant shall still submit
a zero ($0.00) PR indicating that no work has been performed for that
month.
2. Submit Payment Reports which includes a breakdown of costs incurred by each
subconsultant who completed work for the time period requested.
3. Submit Payment Reports which includes appropriate back-up for expenses
(receipts, etc.).
4. Primes, Subconsultants (DBE and non-DBE) are required to report payments
monthly in the ADOT DBE System (Section 4.47 of the contract).
Contract Administration Process & Procedures
Contract Administration
Payment Reports
• Pursuant to Section 4.03 of the contract, consultants are required to:
1. Submit monthly progress reports with all Payment Reports to the ADOT PM. The
report format shall be approved by the ADOT PM and ECS, but must provide
information relating to and supporting work performed and expenses incurred (for
which are being invoiced for).
2. For Non-Lump Sum Fee Contracts (CPFF, Specific Rates, Supplemental Services),
submit required work-hour report and back-up documentation for expenses incurred
and being invoiced for).
• Contract
Contract
Initiation
Initiation
Selection
Contract
Negotiation
Execute Work
Contract Documentation
Administration
Closeout
Modifications
Payment Reports
• Records
Retention
Contract Administration Process & Procedures
Contract Closeout
Contract Closeout
All contracts have a Contract Period, which defines the termination date of the
contract. Contract periods can be extended or canceled in accordance with the
terms and conditions of the contracts.
**Work can not be performed and invoiced if contract time expires.
“WHY?
To ensure that contract records are available for records research and to
support or defend against claims.
Contract Administration Process & Procedures
Questions?
ADOT’s Project Development
On-Call Contract
Assignment and Administration of the On-Call Contract
1. On-Call Contract are intended to expedite the delivery of state and local
transportation construction projects.
• Examples of Scope of Work
Highway Construction/Reconstruction Survey Computer Modeling and visualization
(design of roads)
Survey Curb& Gutter and Sidewalk (ADA Native Plant Surveys and Inventories
Ramps)
Intersection Improvements Passing & Climbing Lanes Land Graphic Layouts on site
1. Notification of Need
• Communication of Scope, Funding, Schedule with ADOT LPA
• Communication and Coordination of Need between ADOT LPA and PRO
• Assignment of ADOT Project Manager
2. Assignment of Task
• 1st Round: Task Orders will be assigned to the highest ranked prime
consultant, provided the prime consultant has the required expertise to
complete the assigned task. Subsequent tasks are assigned by rank order.
** Location and Cost(s) of Consultant is not a factor in the
assignment of Tasks.
• 2nd Round: Task Orders will be assigned with the goal of equalizing the
cumulative dollar value awarded to every contracted prime consultant in the
On-Call series.
** ADOT shall endeavor to distribute work as equitably as possible among
all prime consultants selected in each On-Call contract series.
ADOT’s Project Development On-Call Contract
Administration
On-Call Contract – Negotiation:
1. Consultant will be provided with a Task Order Number and specific Scope of
Work.
2. Prime Consultant prepares a cost estimate for the project utilizing the items
of cost contained and previously negotiated in the contract.
• Contract DBE Goal is applied to each Task Order.
3. ADOT PM reviews the cost estimate to ensure the proposed work-hour estimates
are reasonable in comparison to ADOT’s estimate and the costs are in
compliance with the contract.
2. Project Managers:
• Manage the Scope of the Project
• Manage the Schedule of the Project
• Manage the Budget of the Project
• Perform Annual Consultant Performance Evaluations
Questions?