Sealed Bids . . .

By William Dart, Executive Director Illinois Society of Professional Engineers, Springfield

"Would you ask for sealed bids on an appendicitis operation?" Thus do professional engineers attempt to describe in lay terms the strict policy against competitive bidding outlined in the Code of Ethics enforced by the National and Illinois Society of Professional Engineers.

Professional engineers share a firm belief that interests of a client are best served by persons or firms selected on the basis of qualifications, not dollars. In other words, professional engineers believe they should be selected on much the same basis as other professionals such as an attorney or doctor.

From a legal standpoint, concerning municipalities, there have been numerous decisions and rulings to the effect that contracts for professional services, such as the services of architects, engineers, accountants, and attorneys, are not subject to statutory provisions which require advertisement for bids prior to the letting of contracts for local public improvements.

The engineers' Code of Ethics, subscribed to by members of the national and state societies across the country, prohibit competitive bidding by professional engineers in Section 11 which reads as follows: "He shall not solicit or submit engineering proposals on the basis of competitive bidding. Competitive bidding for professional engineering services is defined as the formal or informal submission, or receipt, of verbal or written estimates of cost or proposals in terms of dollars, man days of work required, percentage of construction cost, or any other measure of compensation whereby the prospective client may compare engineering services on a price basis prior to the time that one engineer, or one engineering organization, has been selected for negotiations. The disclosure of recommended fee schedules prepared by various engineering societies is not considered to constitute competitive bidding. An engineer requested to submit a fee proposal or bid prior to the selection of an engineer or firm . . . shall attempt to have the procedure changed to conform to ethical practices, but if not successful he shall withdraw from consideration for the proposed work."

Municipal bodies who call for competitive bids for engineering studies take the risk that the replies, if any, will be limited solely to persons or firms who are willing to violate professional integrity to obtain the contract. The more responsible firms will refuse to submit a quotation because of their unanimous desire to maintain professional-ethical reputations.

What can you do to secure the engineering firm most qualified to give service on an engineering project at a fair and reasonable fee? Interview. The interview is for the purpose of selection only and may include one or more engineering firms. The discussion should center around the qualifications of the firm for the work to be performed.

After each firm has been interviewed separately, a selection should be made and the firm selected should again be called in for negotiation of fee and agreement on essential details in connection with the project.

Factors to be considered in negotiating for engineering services include: (1) evaluation of technical qualifications; (2) reputation of the engineer with existing or former clients; (3) standing of the engineer in his profession; (4) size and diversity of the engineer's firm; (5) experience on projects similar to the one under consideration; (6) knowledge of the particular equipment and services expected to be used in the project; (7) mobility and time availability.

Instead of requesting sealed bids, issue invitations to engineers to submit resumes of professional-technical qualifications for the project. This professional approach will insure an appropriate development of recommendations, appraisals, and estimates, providing more positive and useful information.

Illinois Parks 51 March/ April 1970