Equitable Distribution Program (EDP) Forms

• EDP Utilization Report (Word document)
  The EDP Utilization Report must be completed for all EDP work authorizations (service fees) greater than or equal to $100,000. Prime firms must submit with its EDP project invoices to the User Department Project Manager (PM).

Equitable Distribution Program (EDP) Work Assignment Procedures

• EDP Request  
• Prime Firm Selection  
• Sub Consultant Selection  
• Work Authorization  
• Project Services  
• Utilization Reports  
• Project Conclusion  
• Project Cancellation  
• Construction Administration Services  
• Performance  
• Special Requests  

EDP Request  

• User Departments submit an EDP project Request Form to OCI for a list of the next available design professionals from the EDP Pool. 
• OCI reviews the Request Form and supporting documentation and processes the request.
• The EDP database generates a project Selection Form identifying the next available three (3) prime firms and four (4) sub consultants in the top of the Pool rotation, in the requested technical categories required for the work assignment.
• OCI forwards the Selection Form list to the User Department.
• A firm's position in the Pool rotation is based on their calculated rotational value (RV). The RV formula is explained in the General Program Information and on the OCI EDP Website.

Prime Firm Selection

• User Departments select the prime from the firms listed on the Selection Form.
• The prime selection should be made on the User Department's determination of the most qualified firm to perform the work.
• The selection process may include telephone interviews and/or meetings with the firms, review of the firm's qualifications and specific experience in the area of work, availability of necessary staff for the task, inquiries with other Departments that have utilized the firm as well as review of Past Performance Evaluations.
• Departments are required to document the factors utilized to determine their selection.
• Fees shall not be discussed during selection communications.
• When a firm does not respond to a Departments inquiry expeditiously, the Department does not have to consider that firm. Also, if the Departments selected firm declines an offer of work, Departments are required to submit to OCI in writing (email) a description of the events. If necessary for either case, OCI will provide the Department with additional firms to consider for the assignment.
• Firms repeated non responsiveness and unreasonable declining of an offer of work assignment could result in the firm's inactivation from the program.
• If the project assignment involves planning and design schematic activities, the selected firm could possibly be precluded from competing in future solicitations related to the project study. The User Department should inform firms of this possibility.

Sub Consultant Selection (if applicable)

• The selected Prime shall select sub consultants through the EDP sub selection process.
• The Department Project Manager will provide the prime with the Selection Form listing the appropriate firms for each requested sub consultant technical category required. 
• If the listed firms are not responsive to the prime's inquiries or indicate they are not interested, firms should notify the project manager in writing or email. The Department will address the issue with OCI. OCI will provide the additional firms for the prime's consideration and if necessary directly assist a firm in securing appropriate subs.
• Once the subs are selected, OCI will assign the team and generates the Assignment and Agreement Form.
• Firms are not allowed to utilize non EDP firms and/or EDP firms for any professional services that were not selected through the EDP sub consultant selection process. The only professional firms authorized to participate on an EDP project are listed on the EDP Assignment and Agreement Form.
• Utilizing other firms or non full time employees for professional services or providing the services internally when the firm is not technically certified in the service area IS NOT permitted and could result in a firm's removal from the program and/or non-payment for services rendered.
• If a prime firm is certified in all of the required technical certification categories, it may perform the required services with its own work force.

Work Authorization

• The Department will initiate negotiations with the prime. Departments frequently request proposals prior to formal negotiations.
• Once the negotiations are completed, the Department should have the project participants complete the Assignment and Agreement Form and then the Department will forward to OCI with a copy of the Department's work authorization (work order, service order, task authorization, NTP,…) 
• Prior to finalizing the work authorization, the Departments need to confirm with OCI that the prime firm has an active EDP Professional Services Agreement (PSA).
• Pursuant to the EDP PSA terms, all services provided by sub consultants shall be pursuant to appropriate agreements between the parties.
• Any deviation from the Assignment and Agreement Form must have prior approval from OCI.
• When a firm is selected for an EDP assignment that does not currently have an executed EDP PSA with the County, OCI will automatically notify the firm to execute the contract and submit insurance certifications. 
• Firms are required to submit the PSA documentation in tens days from notification of a work assignment or risk loosing the assignment and being inactivated in the program for up to 180 days. 
• The typical County processing time for the EDP PSA provided all the necessary documents are submitted timely is 30 days.
• During this time, Departments should proceed with proposal submittals, negotiations, etc..... If a Department needs to commence services in less than 30 days, they can provide an explanation to OCI requesting only firms with an executed contract.
• If service negotiations fail, the User Department needs to document in writing the reasons and forward to OCI. OCI will review and make a determination. Typically, OCI will instruct the Department to select another firm from the original Selection Form. 
• If the User Department does not choose to negotiate with either of the two remaining firms for the particular services, they are required to request in writing to OCI, the names of additional firms and provide a comprehensive explanation for consideration.
• Upon receipt of the executed Assignment and Agreement Form and Work Authorization, OCI will update the EDP project database and the firm's work history award records with the negotiated fee amount.

Project Services

• The User Department oversees the work performed under the executed Work Authorization.
• Departments are responsible to process payment requests for all services rendered and verify that the firm's insurance is in compliance prior to payment.
• Please note that once a firm executes their contract and submits the required insurance, they are required to maintain the insurance for the life of the contract.
• Departments will also address performance issues with OCI as well as complete the required Past Performance Evaluations.

Utilization Reports

• EDP project work authorizations equal to or greater than $100,000 require an EDP Utilization Report to be submitted with each service invoice. The EDP Close Out Utilization Report shall be submitted at the project completion with the final invoice.
• EDP project work authorizations less than $100,000 will only require the EDP Close Out Utilization Report at the end of the project with the final invoice. 
• Click here to download the EDP Utilization Report.
  • Please note that the EDP Close Out and EDP Utilization Report is the utilization reporting method for all EDP projects. The standard Department of Small Business Development (SBD) previously known as the Department of Business Development (DBD) A & E utilization reports ARE NOT required for EDP projects.
• Departments will not process a pay request without the appropriate EDP utilization report.
  

Project Conclusion

• Upon project completion, the Department will forward the EDP database generated project specific Close Out Utilization Report to the firm.
• The Close Out Utilization Report is required to be completed by the primes, sub consultants and Department representatives and acts as the final EDP project Utilization Report (UR).
• The Department is responsible to forward the completed form to OCI with a copy of the final invoice and/or payment record. 
• OCI will close out the project and forward to SBD to input the project dollars appropriately to each participant.
• At a minimum, one Past Performance Evaluation (PPE) is required to be completed by the Project Manager (PM) in the County's Capital Improvements Information System (CIIS) at the completion of an EDP project.
• The PPE should be completed simultaneously with the final documentation, however should not delay the submittal of the final pay requisition and Close Out Utilization Report.
• If the final payment does not reflect the final approved documents, it is the responsibility of the User Department to notify OCI of the revised amounts. The accuracy of firm's fees is critical since the monies they receive from County projects determine their position in the EDP pools.
• Since A & E's work history data and performance evaluations are now utilized as a selection criteria for all new Professional Service considerations, it is of utmost importance that Departments and consultants comply with the accurate and timely submittal of utilization documents.

Project Cancellation

• In the event that an assignment is canceled, the User Department should notify the firm and OCI in writing within 3 days. If any payments were processed, a Close Out Utilization Report must be completed by all required parties and forwarded by the Department to OCI with the last invoice. OCI will cancel the project and apply any expenditure appropriately to project participants.

Construction Administration Services

• As of January 1, 2008, initial project work authorizations will not include construction management/construction administration services (CM services). The initial service order should just indicate if the services are required in the future and that they would be negotiated and authorized at the end of the project design phase.
• A Phase 2 EDP project assignment will be created for CM services as required.

Performance

• Departments are instructed to timely report to OCI if a firm is non-responsive and/or is not abiding by the program mandates.
• If there are performance issues with a firm, the Department should notify OCI and complete a Past Performance Evaluation (PPE) on the CIIS.
• Firms should be reminded that the firm evaluations may be considered in any County A & E selection process.
• Sanctions and administrative penalties may be imposed in accordance with the Professional Services Agreement PSA and AO 3-39 for failure of the firm to abide by the program and agreement mandates.

Special Requests

• Special requests are when a Department requests an exemption from selecting a firm through the standard rotation process.
• Pursuant to AO 3-39, OCI has the authority to bypass firms in the EDP rotation based on the volume of work or unique expertise requirements within a category if deemed required for the particular assignment and/or in the best interest of the County. 
• There are two typical types of EDP special requests as denoted below.
  • Requirement for a firm with special expertise. Departments provide OCI with the scope of work and a written justification for the unique expertise requirements. If approved by OCI, OCI will conduct surveys of all the appropriate participants for the special requirements. Surveys are sent by email to the firms designated contact. Firms are advised to keep their email contact information updated with OCI to ensure they have the opportunity to review and respond to surveys.
  • Departments requesting the services of a specific firm. A specific firm request requires a written justification memo from the requesting Department Director to the OCI Director. The request is evaluated and may also be forwarded to the Department's Assistant County Manager for comment prior to making a final determination.