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Mix #4 - Proc + PR + SovImm > CCNA > Flashcards

CCNA Flashcards

1
Q

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

A

Exceeds $325k.

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2
Q

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

A

Exceeds $35k.

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3
Q

Exception to public announcement.

A

Public emergency certified by LG head.

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4
Q

How does LG determine threshold amounts?

A

Good faith.

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5
Q

Who can apply for a K on a CCNA solicitation?

A

Must 1st be certified by LG as qualified.

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6
Q

What factors can be considered in certifying qualified?

A

Adequacy of personnel, past record, experience of firm.

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7
Q

What are 4 base requirements of CCNA?

A

CCNA

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

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8
Q

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

A

When awarded based on negotiations.

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9
Q

Factors, Re: Design-Bid-Build

A

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.

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10
Q

Factors, re: CM @ Risk

A

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.

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11
Q

Factors, re: Design-Build

A

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.

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12
Q

What professional services are covered by CCNA.

A 
CCNA
-----------
Consultants eat MEALS
-----------
Mapping 
professional Engineering,
Architecture
Landscape architecture, and 
Surveying
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13
Q

What does CCNA stand for?

A

Consultants’ Competitive Negotiation Act

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14
Q

How is “project” defined?

A

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.

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15
Q

What are 7 qualification factors?

A

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.

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16
Q

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

A

~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.

17
Q

With whom & for what should LG negotiate?

A

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

18
Q

When can LG consider proposals for compensation?

A

Only when negotiating the contract. Never w/ solicitation.

19
Q

What is the true goal of CCNA?

A

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

20
Q

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

A

No. Instead, advertise for architectural services.

21
Q

State 2 frequent buzzwords in CCNA.

A

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

22
Q

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

A

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

23
Q

Are continuing contracts permitted under CCNA?

A

Yes.

24
Q

How are continuing contracts defined?

A

CCNA

  • Fixed or unlimited term K
  • For pro services
  • For projects w/:
    (a) Construction cost of each individ project does not exceed $4 million,
    (b) Fee for each individ study does not exceed $500,000.
25
Q

What must continuing contract contain?

A

Termination clause.

26
Q

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

A

No.

27
Q

Are design-build contracts permitted under CCNA?

A 
CCNA
-----------
Yes.
-----------
DB + Continuing = 255.20 + CCNA.
NOT under 180.
28
Q

What must LG include in its design-build solicitation?

A

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

29
Q

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

A

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

30
Q

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

A

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

31
Q

What prohibition in CCNA requires a certification from the professional.

A

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

32
Q

• 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?

A

• 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

33
Q

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

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

A

• No. ~CAN’T TACK IN ON!!!~
Comp bidding & comp negotiation = diff.
———–
Competitively negotiate for professional services.
Property mgt k is not professional services.
———–
Miami Marinas Ass’n v. City of Miami, 408 So. 2d 615 (Fla. 3d DCA 1981)

Mix #4 - Proc + PR + SovImm (27 decks)

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