ACEC Outreach Leads to String of QBS Victories ACEC, working in close coordination with ACEC/Kansas and the Joint Forces National Guard, secured another victory last week for Qualifications-Based Selection (QBS). This is the latest in a series of successful interventions by ACEC in recent months that have led to federal agencies bringing their procurement policies into compliance with the Brooks Act. The latest victory occurred when a Member Firm notified ACEC/Kansas of an apparent Brooks Act violation in a National Guard RFP. Kansas alerted the national headquarters, which contacted the Guard to raise the issue and reinforce the benefits of QBS both for taxpaying citizens and for the overall public safety. Kansas National Guard procurement officials were very responsive to ACEC’s concerns, not only fixing the problem contract but offering to work with the Council to educate their managers on A/E procurements. Scott Heidner, executive director of ACEC/Kansas underscored the significance of this offer, saying “Making sure they comply with Brooks moving forward is the lasting success.” ACEC has successfully intervened on behalf of Member Firms a dozen times since last summer with DOD agencies, FEMA, GSA and other federal agencies to promote QBS and full compliance with the Brooks Act. In many cases, procurement officials were unaware of the benefits offered by QBS and its required application ACEC stands ready to continue its outreach and education efforts with these agencies, and strongly encourages all Member Firms to immediately identify Brooks Act non-compliant procurements whenever they arise. Members are also encouraged to participate on the Federal Agency and Procurement Advocacy Committee, which promotes the interests of ACEC members engaged in contracting with the federal government. For more information on the committee, or to alert ACEC of potential QBS violations involving federal agencies, contact Mark Steiner, ACEC senior policy director, at msteiner@acec.org or call (202) 347-7474.

Catch 'Red Flags,' Hone Negotiating Skills and Achieve Best-Possible Deals Closing the Deal With A/E/C Contracts: Recognize Pitfalls, Negotiate Winners May 20-21, San Francisco Identify and demystify “red-flag contract provisions,” acquire the skills and principles of toe-to-toe negotiating to maintain professional standards and protect your business. Learn the differences between custom contracts and model contracts, the pitfalls, and how to negotiate to win-win agreements. Closing the Deal With A/E/C Contracts: Recognize Pitfalls, Negotiate Winners is an in-depth course designed to meet the contract needs of engineers, architects, contractors, project managers, contracting officers, specifiers, and those responsible for procuring construction or design services. Presented by a faculty of experts with years of industry experience, the course will update attendees’ knowledge in critical contract areas including: Controversial contract provisions, from every angle The elements of good negotiating and errors to avoid The latest revisions to the most-used contracts Recent court rulings involving construction contracts Protecting the bottom line: how profits can be won or lost in negotiations To view the course brochure, faculty bios and agenda, click here. For details and to register, click here.

'Business for Engineers' Course: Get the Latest Ideas, Strategies to Succeed The Business of Design Consulting: Managing for Success in a Climate of Change March 10-13, Salt Lake City, UT A comprehensive update on the primary functions of the successful A/E business, ACEC’s highly regarded course, The Business of Design Consulting: Managing for Success in a Climate of Change, is a unique playbook for managing your firm at the most effective levels in 2010 and going forward. The course will be presented March 10-13, Salt Lake City, UT, by a faculty of experienced industry practitioners who will explain the details and rationale of hands-on best-practices and critical operational management methods, including: Finance: Fine-tuning financial management in tough times Accounting principles and financial tools you can use Marketing and Business Development: Starting with Strategy—finding your differentiators, promoting your message Winning with one-on-one selling Contracts and Risk Management: Key risk factors that determine project success or failure Contract do’s and don’ts Leadership Leading through adversity Making the hard decisions for the bottom line Business Management and Ownership Transition Gearing stock expansion programs to new market realities Internal ownership transition planning Human Resources Coping with complexities of change Managing communication Information Technology Cost-saving technology programs and solutions Business process efficiency: e-mail issues and policies, document management The program delivers bottom-line benefits for engineering firm executives, managers, and up-and-coming leadership—a solid investment for success in an intensely competitive environment. Click here to register. For the full agenda and faculty information, click here.

Social Capital... How to Build It, Use It The 8 Networking Competencies: What Engineers Need to Know About Building Social Capital and Attracting Clients March 2, 1:30-3 p.m. Do you have what it takes to bring in new clients? Are you a “go-to” person? Are you known for the company you keep and the resources you have at your fingertips? Gain more leverage and influence inside and outside of your firm by learning the tools and strategies that will build your social capital. Lynne Waymon, Waymon & Associates, details The 8 Networking Competencies and the skills that can help you master them. These learnable skills are a necessary asset in today’s competitive marketplace. For details and to register, click here.

’09 A/E/C Litigation Outcomes: A Word to the Wise 2009 A/E/C Court Cases Review: Lessons Learned March 3, 1:30-3 p.m. Attorneys Kent Holland, ConstructionRisk.com, LLC, and Lauren McLaughlin, BrigliaMcLaughlin, PLLC compile and discuss 2009 “cases to watch” involving contractors and project owners against design professionals. Cases of interest address limitation of liability, indemnification, licensing, procedural issues such as certificates of merit and time limitations on filing suits, electronic discovery, and the economic loss doctrine. For details and to register, click here.

Lean Design and Construction: Defining the Differences Lean Design & Construction: Defining the Three Opportunities of Management-Based Project Delivery March 9, 1:30-3 p.m. At its core, Lean Project Delivery is a production management-based approach that differs from typical project management practices in three linked areas of opportunity. In this informative online seminar, Gregory Howell, Lean Construction Institute, defines these as (1) Impeccable Coordination—creation of predictable workflow within and across trades and disciplines; (2) Projects as Production Systems—possibilities of changing the structure of work in both design and construction; and (3) Project as Collective Enterprise—alignment of financial incentives with the goal of project-wide optimization. For details and to register, click here.

Setting Overhead Rates for Revenue, Profit Insider’s Guide to Developing and Defending Overhead Rates March 10, 1:30-3 p.m. Does your firm have procedures to properly establish your overhead? Are you successfully defending your rates with government clients? Engineering firms use overhead rates to help set pricing and to understand their own operations, and government clients (federal, state and local) are paying increased attention to them. As a result, overhead rates are more critical than ever to revenue and profit. Financial manager Paul Haglund covers the mechanics of developing and using client-approved overhead (indirect cost) rates from your firm’s accounting records, plus other overhead issues including: Setting up the direct labor base and indirect cost pool What if you need separate “field” or “project” rates? Recognizing “non-allowable” costs Special handling for time records (time transfers, unpaid overtime, etc.) Getting approved overhead rates from state or federal agencies Avoiding expensive “swings” in annual overhead rates For details and to register, click here.

Expert Witness Service: Preparation and Focus Recommended Practices for Engineering Expert Witnesses March 16, 1:30-3 p.m. What does it mean to be an “expert witness” in lawsuits involving the standard of care for civil engineering projects? Gary S. Brierley, Brierley Associates, LLC, discusses some key topics including ethical considerations, qualified requirements, work products, objectivity vs. advocacy, how to prepare an expert report and how to prepare for a deposition. For details and to register, click here.

Click here to review past editions of the Last Word. Click here to subscribe to the Last Word.

The American Council of Engineering Companies 1015 15th St., NW, 8th Floor, Washington, DC 20005-2605 Phone: 202-347-7474 - Fax: 202-898-0068 www.acec.org - E-mail:acec@acec.org Alan D. Crockett, Director, PR • Gerry Donohue, Editor/Designer