Redefining 'Professional Services' in Virginia's VPPA: A Call for Clarity & Inclusivity

By Chris Smith, MBA, PMP

Date: 03/15/2024

In the realm of Virginia's public procurement, the term 'Professional Services' as defined within the Virginia Public Procurement Act (VPPA) has long been a topic of discussion and, at times, contention. This term traditionally encompasses services that necessitate a high degree of specialized, intellectual, and consistently manual effort. It includes fields where the required education and expertise levels are typically beyond the norm, incorporating advanced degrees, board certifications, licenses, continuous education, and adherence to strict ethical codes.?

The Virginia Public Procurement Act (VPPA) defines "professional services" as work performed within the scope of practice of accounting, actuarial services, architecture, land surveying, landscape architecture, law, dentistry, medicine, optometry, pharmacy, or professional engineering. These services require specialized education, high levels of technical proficiency, and often, mandatory licensing and oversight by professional bodies.

Under the VPPA, the procurement of these professional services is distinct from the procurement of non-professional services or goods, emphasizing the selection of providers based on qualifications, competence, and experience rather than price alone. The typical steps involved in procuring professional services under the VPPA are as follows:

1.??? Issuance of a Request for Proposals (RFP) or Request for Qualifications (RFQ): Unlike standard goods and services, professional services under the VPPA are often procured through an RFP or RFQ process, focusing on the qualifications and experience of the respondents rather than solely on cost.

2.??? Evaluation of Proposals: Responses to the RFP or RFQ are evaluated based on criteria set forth in the solicitation, which primarily assess the qualifications, experience, and performance history of the firms or individuals. Price is considered, but it is not the sole or primary factor.

3.??? Negotiation: Once a preferred provider is selected based on qualifications and other evaluation criteria, the public body enters into negotiations. The goal is to arrive at a fair and reasonable price, considering the scope of services, complexity, and the professional nature of the work.

4.??? Contract Award: After successful negotiations, a contract is awarded. If negotiations with the top-selected firm fail, the public entity can then negotiate with the next most qualified firm.

5.??? Contract Management and Oversight: Throughout the contract term, ongoing oversight ensures compliance with the agreed terms, performance expectations, and adherence to applicable laws and regulations.

By mandating this qualifications-based selection process, the VPPA acknowledges the critical importance of expertise and professional judgment in these fields, reflecting the need to prioritize factors beyond price to secure services that are vital to public welfare and trust.

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The Need for a New Terminology

Towards a More Encompassing Nomenclature

While 'Professional Services' in the context of the VPPA has served its purpose, it inadvertently narrows down the spectrum of professions it could encompass, often sidelining equally qualified and specialized fields that don't fall under the conventional umbrella. The term could be perceived as limiting, suggesting that only certain professions warrant the designation of 'professional,' which is misleading and unfair for all professional services not included in their definition. We must appreciate and respect all legal professions, including the Public Procurement profession.

To better encapsulate the breadth and specialized nature of services covered under the Virginia Public Procurement Act (VPPA) and to avoid any misconceptions or limitations associated with the term "Professional Services," a more inclusive and descriptive term could be beneficial.

Any of these suggested terms could serve to more accurately describe the scope and nature of the services procured under the VPPA, emphasizing the specialized, advanced qualifications and the intellectual nature of the work involved.

Here are just a few suggestions for a more inclusive and descriptive term could include:

1.??? Specialized Expertise Services: This term emphasizes the specific, advanced knowledge and skills required to perform the services, recognizing a broader array of professions.

2.??? Advanced Practice Services: Highlighting the advanced level of practice and expertise, this term inclusively covers professions requiring higher degrees and continuous education.

3.??? Certified Professional Services: By focusing on the certification and licensure aspect, this name underlines the credentials that qualify these services as exceptional and specialized.

4.??? Expertise-Centric Services: This term highlights the central importance of specialized knowledge and skills in the procurement process, focusing on the expertise aspect regardless of the traditional boundaries of 'professional' fields.

5.??? Specialized Knowledge Services: By emphasizing "specialized knowledge," this term broadens the scope to include any services that require advanced, niche expertise, not just those in the traditional professional sectors.

6.??? Qualified Expert Services: This name underscores the necessity for providers to possess certain qualifications or certifications, suggesting a focus on the credentials that validate their expert status in their respective fields.

7.??? Advanced Professional Services: This term retains the professional aspect but expands its scope with "advanced," suggesting that these services go beyond ordinary levels of professionalism and require higher degrees of education and experience.

8.??? High-Skill Professional Services: By incorporating "high-skill," this term recognizes the advanced level of competency and specialization required by the service providers, distinguishing these services from more general or routine professional work.

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The Unique Procurement Path for Professional Services

Virginia's unique approach to procuring these services, predominantly through the Request for Qualifications and Use (RFQU) method, highlights a recognition of the importance of qualifications over price in the initial selection phase. This process, influenced by strong advocacy and lobbying, acknowledges that the cheapest option isn't always the best when it comes to intricate, specialized services that bear significant impact and risk.

Professions under this category—ranging from legal to architectural and engineering services—often require not just academic excellence but also years of experience, board certification, and a commitment to ongoing education and ethical standards. By eschewing the standard Invitation to Bid (ITB) or Request for Proposal (RFP) in favor of an RFQU, Virginia underscores the principle that in certain cases, expertise and quality precedent cost in the initial selection process.

However, this nuanced approach doesn't eliminate the necessity for financial prudence and accountability. Following the selection based on qualifications, the subsequent price negotiation and determination of price reasonableness are critical to ensuring that the Commonwealth and its constituents receive value while maintaining the integrity and quality of essential services.

The terminology we use in legal and regulatory frameworks matters—it shapes perceptions, influences policies, and affects a wide range of stakeholders. As Virginia continues to evolve and diversify in its professional landscapes, so too should the language used to describe and categorize the services that play crucial roles in its public and private sectors. By adopting a term that accurately reflects the breadth and depth of specialized services within the VPPA, Virginia can set a precedent for clarity, respect, and inclusivity in public procurement and beyond.

Professionals engaged in these fields are encouraged to lend their voices to this conversation, advocating for a term that best represents their expertise, qualifications, and critical role in the fabric of Virginia's economy and society. As we push forward, let's ensure our language reflects our values and intentions, fostering an environment of respect, recognition, and progress.

About the Author - Chris Smith, MBA, PMP, VCA, VCARM

Chris Smith advocates for transformative change and innovation in global public procurement. With his insightful commentary and rigorous analysis, Chris seeks to challenge entrenched norms and foster a procurement ecosystem marked by transparency, ethical practice, and strategic insight. His dedication to enhancing public procurement resonates through his prolific writings and engagements, aiming to inspire and mobilize a community committed to excellence and ethical stewardship.

For those keen to join this dialogue and contribute to shaping future best practices, Chris invites you to connect and collaborate towards a dynamic, forward-looking procurement landscape.

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