CCNA

Question 1

Re: construction
Threshold amt requiring LG to announce for pro services?

Answer 1

Exceeds $325k.

Question 2

Re: planning or study activity
Threshold amt requiring LG to announce for pro services?

Answer 2

Exceeds $35k.

Question 3

Exception to public announcement.

Answer 3

Public emergency certified by LG head.

Question 4

How does LG determine threshold amounts?

Answer 4

Good faith.

Question 5

Who can apply?

Answer 5

Must 1st be certified by LG as qualified.

Question 6

What factors can be considered in certifying qualified?

Answer 6

Adequacy of personnel, past record, experience of firm.

Question 7

What are 4 base requirements of CCNA?

Answer 7

CCNA

1) Advertise soliciting qualification.
2) Rvw quals, discuss, may req public presentations.
3) Det 3 most qual bidders
4) Negotiate serially.

Question 8

When does 255.20 (construction of public works) require compliance with CCNA?

Answer 8

When awarded based on negotiations.

Question 9

Factors, Re: Design-Bid-Build

Answer 9

CCNA

1) Most common, slow.
2) 287.055 if constr, exceeds $325k/ planning/study, exceeds $35k.
3) Contract. 2 contracts. Owner-Arch then Owner-GC.
4) Costs. Fixed at award.
5) Design. GC has no input. Completed prior to construction.
6) Con. Takes longer b/c performed sequentially.
7) Risk. Owner liable to GC for defective design.

Question 10

Factors, re: CM @ Risk

Answer 10

CCNA

1) 287.055 if constr, exceeds $325k/ planning/study, exceeds $35k.
2) Contract. 2 contracts @ same time. Owner-Arch & Owner-CM/GC.
3) Costs. GMP cap.
4) Design. GC can be hired for input.
5) Risk. CM/GC at risk for costs exceeding GMP. Owner liable for defective design.
6) Unique. CM/GC selection qualifications based.

Question 11

Factors, re: Design-Build

Answer 11

CCNA

1) Turn-key package deal.
2) 287.055 if constr, exceeds $325k/ planning/study, exceeds $35k.
3) Contract. 1 contract. Owner-DB (GC).
4) Costs. Evolve, change orders.
5) Design. GC responsibility. Evolves.
6) Construction. Costs can evolve b/c on-going before design complete.
7) Con. Likely fewer bidders.
8) Risk. Risk of design & construction on GC.

Question 12

What professional services are covered by CCNA.

Answer 12

CCNA
-----------
Consultants eat MEALS
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Mapping 
professional Engineering,
Architecture
Landscape architecture, and 
Surveying

Question 13

What does CCNA stand for?

Answer 13

Consultants’ Competitive Negotiation Act

Question 14

How is “project” defined?

Answer 14

Fixed capital outlay study or planning activity described in the solicitation, and may include
(a) a grouping of minor construction, projects or
(b) a grouping of substantially similar construction projects.

Question 15

What are 7 qualification factors?

Answer 15

CCNA

(1) Ability;
(2) Wh/ certified MBE;
(3) Past performance;
(4) Willingness to meet time and budget requirements;
(5) Location;
(6) Recent, current, and projected workloads; &
(7) Volume of work previously awarded.

Question 16

Why would the volume of work previously awarded be of importance?

Answer 16

~me - confirmed, this is broad rule (not just applied to continuing ks)
———–
LG wants to equitably distribute contracts among qualified firms but at same time select most highly qualified firms.

Question 17

With whom & for what should LG negotiate?

Answer 17

Most qualified firm
For fair, competitive, & reasonable price.

Question 18

When can LG consider proposals for compensation?

Answer 18

Only when negotiating the contract. Never w/ solicitation.

Question 19

What is the true goal of CCNA?

Answer 19

Identify the most qualified firm without regard to compensation, and only then negotiate a price.

Question 20

Can LG obtain plans from 3rd party & have contractor get them signed?

Answer 20

No. Instead, advertise for architectural services.

Question 21

State 2 frequent buzzwords in CCNA.

Answer 21

Equitable distribution of contracts among the most qualified firms, &
Fair, competitive and reasonable price.

Question 22

Can LG reuse plans from a prior LG project w/o complying w/ CCNA?

Answer 22

Yes if disclosed in solicitation for the plans that they wd be subject to reuse..

Question 23

Are continuing contracts permitted under CCNA?

Answer 23

Yes.

Question 24

How are continuing contracts defined?

Answer 24

Fixed or unlimited term K for pro services for projects w/:
(a) Estimated construction cost of each individual project does not exceed $4 million,
(b) Fee for each individual study activity does not exceed $500,000.

Question 25

What must continuing contract contain?

Answer 25

Termination clause.

Question 26

Can LG make the firms under continuing contracts bid against one another?

Answer 26

No.

Question 27

Are design-build contracts permitted under CCNA?

Answer 27

Yes.

Question 28

What must LG include in its design-build solicitation?

Answer 28

Prepare a design criteria package to be used in the solicitation.

Question 29

Who must prepare the design criteria package for use in the design-build solicitation?

Answer 29

Appropriate design criteria professional employed by the agency or retained under K entered into
in compliance w/ CCNA.

Question 30

Before soliciting a design-build, what must LG do?

Answer 30

Adopt CCNA compliant rules or ordinances for awarding d-b Ks.

Question 31

What prohibition in CCNA requires a certification from the professional.

Answer 31

That no 3rd party consultant received a fee, commission, or other consideration.

Question 32

• You require highly-specialized equipment,
available only from a sole provider. The
equipment requires specialized
installation and housing. The provider,
along with its offer to sell the equipment,
proposes to engage its trusted and
experienced licensed contractor, to
design and construct the facility to house
the equipment. OK to purchase?

Answer 32

• No. You “may not contract with an equipment
vendor under a sole source contract …, such
that the vendor contracts with a licensed
general contractor to provide design/build
construction services to erect a storage facility
for the equipment, without complying with [the
CCNA], for those services covered by the act.”
AGO 2009-49

Question 33

• Developer designed & and built city attraction.
• •
• Developer specializes in managing facilities.

Can you include property management in the competitively negotiated turn-key project solicitation?

Answer 33

• No.
Competitive bidding & competitive negotiation = different.

Competitively negotiate for professional
services… [A] property management
contract is not among the defined
professional services .”
Miami Marinas Ass’n v. City of Miami, 408 So. 2d 615 (Fla. 3d DCA 1981) Today?