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FICE CCNA Letter Campaign

Letter CampaignFICE directs an educational letter campaign to educate public entities regarding the Consultant’s Competitive Negotiation Act (CCNA).  This campaign is driven by FICE members who anonymously send Request for Proposal (RFP) to Headquarters.  This method ensures that the government agency does not know which firm filed the complaint.  FICE staff in return corresponds with government officials in an effort to educate them on the CCNA law and encourages them to amend their RFP process.

In recent months, FICE has seen an increase of public entities asking for preliminary fee proposals in a separate sealed envelope.  The law reads under 287.055 section 4(b) -”The agency may request, accept, and consider proposals for the compensation to be paid under the contract only during competitive negotiations under subsection five”.   So, even the act of requesting fees (even though they claim it won’t be a factor for consideration) is a violation since this phase of the RFP doesn’t involve “competitive negotiations.” FICE has seen success in turning these requests around and many entities have amended their RFP’s and returned the sealed bids.

This has been a successful program and we encourage all members to participate.  FICE created a brochure and PowerPoint presentation to educate both members and others who will be procuring professional services.  If you see an RFP that may be violating the CCNA law, please e-mail Sam Hobbs at shobbs@fleng.org and be sure to include a copy of the document.

If a member firm or licensed engineer within a member firm knowingly violates CCNA, FICE believes you may be in violation of Chapter 471, rules and regulations.