Bidding process criticized
January 5, 2010 - 10:00 pm
The Clark County School District's competitive bid process for architects does not comply with state law, according to a claim made by Gina Spaulding, the executive director of the Nevada State Board of Architecture and Interior Design.
The district's legal department rebuts the allegation but didn't elaborate on that position Monday, district spokesman Michael Rodriguez said.
Spaulding said her agency has received several complaints from architects who want to apply for school projects but who are afraid of getting into trouble professionally by submitting their fee information, as the district requires. The district asks applicants for "hourly rates" and "a budget estimate for construction."
State law does not allow government entities to award contracts to architects based on anything other than competence and qualifications, Spaulding said.
Costs can be discussed only after the government narrows the field of applicants to a short list, she said.
"I think we have a difference of opinion," Spaulding said of the district's position. "If we pushed it, we would prevail."
The district is planning to spend about $168 million over the next three years on school modernization and renovation projects.
And the Clark County School Board is expected to decide this year on whether to pursue a new $4.9 billion bond program.
Spaulding said she is confident the district will clarify its position before the competitive bidding process starts in February.
The Nevada State Board of Architecture has no authority over the district, but architects who violate the state law could be subject to disciplinary action, which would make it difficult for them to be licensed in other states, Spaulding said.
Because her agency cannot review every competitive bid process, "We rely on them (the architects) to tell us what's going on," Spaulding said.
Ken Small, a local architect who designed the replacement building for Manch Elementary School, said school officials should have known better than to request architectural fee information, especially because the rule against that is often discussed during meetings of the district's Bond Oversight Committee.
The error is "sort of like getting pulled over for driving 100 mph and saying you didn't know the speed limit," Small said.
Still, Spaulding said the request for fee information is a common error made by local governments.
"This is an education topic we seem to undertake every time a request for proposal hits the streets," she said.
Contact reporter James Haug at jhaug@reviewjournal.com or 702-374-7917.