MassDOT Prequalification of Survey firms: On 9/18/12, MassDOT’s A&E Board updated the prequalification definitions for the Surveyor categories regarding the requirements for Professional Land Surveyors. The “full time” requirement has been removed. http://www.mhd.state.ma.us/downloads/prequalConsultants/CategoryDefinitiions20120917.pdf
Issue of part-time surveyor: MassDOT does not believe that 250 CMR requires a full time surveyor and , and plans to accept the request of an engineering firm employing a part-time surveyor, as long as the surveyor is in responsible charge of the work. The one full-time surveyor was viewed as a barrier to small business that had other implications for the Commonwealth.🙁
And this is coming from the state.
-V
Is it legal for a firm in Mass to have only a part-time surveyor? It's my understanding that most states require a firm offering surveying services to to have at least one full-time PLS in each office.
That was my understanding as well, but apparently the DOT views a full-time employee as a bad thing.
-V
In order for an engineering firm to offer land surveying services in New York, the LS has to be a share holder. Can not be a part time individual.
If your DOT will not comply with the laws/rules turn them in to your Board. It can be done, and it should be done...
I agree with Jim. If the DOT is willing to accept a firm that is not practicing legally, someone should (and probably will) file a complaint.
The OP almost sounds like an RFQ/SOQ solicitation for a contracted LS for ongoing services.....?.....not a DOT employee.
I suppose the Engineering firm could have "teamed" up with a solo surveyor who provides them services and it gets both their feet in the door for DOT work.
No it's not required that the firm have a full time PLS on staff. Responsible charge is Responsible Charge and the PLS should have the where with all to make that call without being legislated into doing so. The BOR has spelled out, fairly comprehensively, the definition of Responsible Charge.
I don't work for Mass Highway because I can't afford the yearly audit that I have to pay for so they can determine how much they will pay me. I don't think the process is fair to small businesses as it stands now. Maybe this will make it more fair but I don't see it....
I guess that it's allowed as long as the part time employess is issued a W2 and is not a contractor, but it still is unsettling that the DOT sees having a full time PLS on staff as a detrimental thing to a small engineering company. What's next?
-V
I fail to see the problem here. Technically, I am probably a part-time surveyor in the eyes of many States as I also do engineering, real estate sales, farming and work part-time for two counties. Doing more than one thing does not make you incompetent at any of those things, but, technically you are not FULL-TIME.
Also, I can see cases where the part-time surveyor employee is semi-retired.
You do all understand that we are going to see more and more part-time employees as employers begin to realize that they can eliminate the cost of health care benefits for part-time employees? These costs are skyrocketing, and many more employers will move in this direction.
> I don't work for Mass Highway because I can't afford the yearly audit that I have to pay for so they can determine how much they will pay me. I don't think the process is fair to small businesses as it stands now. Maybe this will make it more fair but I don't see it....
Most of the State DOT's seem to have a natural hostility to small firms. The like to do business with like-sized entities, i.e. BIG firms. They want the firms to be fully integrated into the DOT procedures and methods, which can be a real hardship for small firms. Compliance with the accounting and QA/QC alone can cause a small firm to spend a lot money of what would normally be unnecessary items.
As most state highway projects are federally funded, the following rules apply:
Consultant (includes land survey) contracts under $1 million do not require the pre-award audit.
The Brooks Act requires the selection of consultants (including land surveyors) to be performed on a qualifications based selection (QBS) basis.
I have been very involved in state and local agency consultant acquisitions. The selection is soley based on experience, understanding of the project needs, and demonstrated ability to perform the tasks in an expeditious manner while maintaining a high standard of quality.
The firm must demonstrate the proper responsible charge, not only in the selection but in the resulting performance of work.
Part-time or full time involvement of the responsible charge is not the issue in performance or selection. It is solely a matter of proper performance.
I see posts and articles like this and honestly believe they are driven more by the fear of competition than a valid rationalization. It is unfounded however, as the competition is not price based, but rather relies on ability and qualification.