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An ordinance to amend Chapter 2.08 of the Metropolitan Code of Laws to remove the master list of architects and engineers.
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WHEREAS, Section 2.08.040 of the Metropolitan Code of Laws requires the Metropolitan Government to enter into professional services contracts for architectural or engineering services with only those firms that appear on the master list of architectural/engineering firms; and
WHEREAS, pursuant to Section 4.08.080, contracts for architectural and engineering services are not selected based on competitive sealed bids and are instead awarded on the basis of recognized competence and integrity. This is the same process used for selecting contracts for "legal services, medical services, accounting services, fiscal agents, financial advisors or advisory services, educations consults...and similar services by professional persons or groups of high ethical standards"; and
WHEREAS, however, the master list requirement is a unique provision which applies to only architectural and engineering firms; and
WHEREAS, such a list presents a barrier to entry for firms who do not appear on the master list; and
WHEREAS, Section 2.08.040 also allows for the mayor to execute and enter into professional services contracts with firms on the master list on a project-by-project basis and upon the recommendation of the capital improvements architecture/engineering review board; and
WHEREAS, removal of this provision would make the award of architectural and engineering services consistent with how all other competitive solicitations are awarded and put the Metropolitan Government in line with industry best practices; and
WHEREAS, for the reasons noted above, the Procurement Standards Board voted in 2019 to recommend to the Metropolitan Council that the master list of architectural/engineering firms be eliminated.
NOW, THEREFORE, BE IT ENACTED BY THE METROPOLITAN COUNCIL OF NASHVILLE & DAVIDSON COUNTY:
Section 1. That Section 2.08.040 of the Metropolit...
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