Revised Contract Standards for A/E Services

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AIA Virginia and ACEC Virginia Collaborate with DGS to Revise Contract Standards for A/E Services

ACEC Virginia and AIA Virginia have been actively working with the Virginia Department of General Services (DGS) to update and clarify the standards that govern the procurement and execution of Architecture and Engineering (A/E) services in the Commonwealth. This collaboration has resulted in key updates to the CO-3a Terms and Conditions of the A/E Contract, directly addressing concerns from the A/E community.

Key Revisions and Improvements Include:

  • Refined Standard of Care Language: One of the most significant updates was the removal of the phrase “highest standard of care” from the contract. This revision brings the standard of care in line with industry norms—requiring services to be performed with the care and skill ordinarily used by members of the profession practicing under similar conditions—which eliminates insurability concerns.
  • Updates to Section 32 – Contractual Claims clarifies and makes explicit how issues beyond the immediate control of the A/E can establish a cause for claim for compensation, and how the process for resolving that claim should proceed.
  • Incorporation of CPSM-Related Language: Relevant content from Section 9 of the A/E Manual, related to Design Not to Exceed (CPSM), has been relocated and integrated into Section 32 of the contract. This realignment ensures that CPSM provisions are directly and clearly addressed within the contractual framework.
  • Section 12 establishes the maximum amount of Professional Liability Insurance required, regardless of the Design-not-to-exceed Budget.

Additional revisions pertain to requirements for additional insurance, HR training, etc. Members would do well to review the documents in their entirety. For your convenience, a comparative text document highlighting the recent revisions can be accessed here>>. To view the updated CO-3a Terms and Conditions in their full and official form, visit the DGS Forms Center at https://dgs.virginia.gov.

We appreciate the willingness of DGS leadership to listen and respond to the concerns of industry. We also appreciate the willingness of our members to voice their concerns, apply their expertise and experience, and propose, consider, and refine alternatives.

This successful collaboration highlights the value of continued dialogue between key stakeholders and the A/E industry. Through this work, ACEC Virginia and AIA Virginia continue to advocate for the interests of our members and our professions.

Please continue to keep us apprised of issues that affect our practice and industry. Alert us to issues and/or stakeholders that need to be addressed. We remain committed to the cause and are eager to advocate on your behalf.

Open Door Policy

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What is the allowable opening force for egress doors?

That’s a question that Bureau of Capital Outlay Management (BCOM) reviewers are frequently asked — and an important issue as egress doors can sometimes be too heavy for persons with disabilities or limited strength to open. The current building code, the 2012 Virginia Uniform Statewide Building Code, and the current design standard for accessibility, the 2010 ADA Standards for Accessible Design published September 15, 2010, address the door opening force requirements.

The force for pushing or pulling open interior swinging egress doors, other than fire doors, shall not exceed 5 pounds. The operating force is permitted to be higher for exterior doors and fire doors. Exterior doors are exempt from the 5-pound requirement because air pressure differentials and strong winds may prevent doors from automatically closing. Fire doors are exempt from the 5-pound requirement because fire doors are required to close and latch shut. For these doors, a maximum of 15 pounds is required to release the latch, 30 pounds to set the door in motion, and 15 pounds to swing the door to the full-open position. See Virginia Construction Code, Section 1008.1.3.

This short YouTube video clip illustrates an opening force pressure test.

Reprinted with permission from Department of General Service, Bureau of Capital Outlay Management. To subscribe to the BCOM Newsletter, simply complete this online form.

State Fills Key Roles at DGS and DHCD

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Christopher L. Beschler has been appointed by Gov. Terry McAuliffe to head the Virginia Department of General Services, replacing Rich Sliwoski who recently announced his retirement. Beshler is a long-time administrator for the City of Richmond. He graduated from the University of Connecticut with an M.B.A. from the University of Connecticut with a B.S. in Mechanical Engineering. “Chris’ experience in both the public and private sector brings a unique, broad-based expertise in developing positive relationships,” said the governor’s office in their announcement. The leadership transition is expected to take place in mid-October.

The Virginia Department of Housing and Community Development has promoted Cindy L. Davis to Deputy Director for Building and Fire Regulation. Davis fills the position was left vacant by Emory Rodgers who recently retired. DHCD’s Bill Shelton remarked, “Cindy is very knowledgeable and will continue Virginia’s tradition of quality leadership in the development and administration of building and fire codes and a national leader in the field.”