By KAMAYOYO IMASIKU –

IN one of our recent articles, we looked at “Who is an Architect” and we saw how the real definition was leaning more towards a professional line. We now move to the step of how to “get” the architect or an architect. What we are talking about here is actually how to procure (or obtain or secure or acquire or get hold of) architectural services.
For personal or private work, a person could secure the services of an architect through reference by a friend, a church mate, a colleague or a contractor or indeed through the Secretariat of the Zambia Institute of Architects.
Where one already knows an architect, they may opt to simply go to that particular architect for the services required.
They would then explain their requirements to the architect and the architect would guide them through the entire process, both design (pre-contract) as well as supervision (post-contract).
The architects’ level of involvement and applicable fees, whether percentage based or time-based, would be agreed upon accordingly.
The Zambia Institute of Architects Act also allows for various architectural competitions as a way of procuring architectural services but such competitions ought to be conducted in accordance with the laid-down guidelines.
This is important in order not only to protect the public but the architectural profession as well who may be prone to exploitation and abuse if architectural competitions are conducted outside the laid-down guidelines.
For public sector work, the procurement of architectural services would be done in accordance with the guidelines set out in the Zambia Public Procurement Act (ZPPA).
The ZPPA Act (The Public Procurement Act), together with Statutory Instrument SI NO. 63 of 2011.
The provisions of these legal documents provide guidelines which endeavour to promote the need for high quality services, economy and efficiency, opportunity for all eligible consultants, transparency in selection, development and use of national consultants in line with the best practices of competition and openness, fairness, transparency including disclosure of all relevant information to facilitate participation, accountability and value for money.
In this article, it is not possible to quote or refer to every provision in the Act and Statutory Instrument, however, reference shall be made to some of the key provisions.
The process starts with the Procurement Entity (PE), which initiates and then plans and prepares the Terms of Reference (TORs) and it would normally advertise by putting a solicitation bid called an ‘Expression of Interest’ in the print media.
Once consultants (in this case practising architects registered with the Zambia Institute of Architects) have responded to the advert and sent their “Expression of Interest,” a shortlist would be prepared, followed by preparation and issuance of Request for Proposals (RFPs).
Common practice is that a two-envelope system, namely Technical Proposal and Financial proposal would be used by the procurement entity.
Statutory Instrument No. 63 of 2011 stipulates that in choosing the method of procurement, “A procuring entity shall select the most appropriate method of procurement for each requirement, as part of the procurement planning process.”
“The choice of procurement method shall take into account, the estimated value of the procurement, the nature of the services required and the circumstances surrounding the procurement …”.
Once the proposals have been received, the technical proposal is opened and evaluated first before opening the financial proposal.
The idea here is that the technical proposal is key determinant in terms of evaluation and therefore is opened and evaluated first, thereafter the financial proposal is then evaluated.
Also because of the complex nature of procurement of consultancy services, (in particular those related to the construction industry) unlike procurement of such goods as stationery or T-shirts, the “lowest financial bid” may indeed not necessarily be the best.
The evaluation process focuses on quality as the most important criterion. Thereafter the contract award follows.
“A Procurement Unit shall select the type of contract as part of the procurement planning process, taking into account the nature, value and complexity of the procurement requirement; the  need to offer an equitable contract to bidders to ensure effective competition; the need to maximise value for money and minimise risk for the procuring entity; the likelihood of any delays or unforeseen circumstances requiring contract variations; the procuring entity’s ability to define its precise requirements, including the quantities or inputs and delivery or completion dates required; the need for effective contracts management and cost control; and the resources available for contract management.”
In the choice of a contract, the procurement entity could use lump sum, time-based or measured works, rate contracts, running contracts, percentage based contracts, cost-reimbursable and target price contracts.
Statutory Instrument 106 of 1999 of CAP 442 of the Laws provides for architectural consultancy fees, based on percentage depending on the size of the project in terms of total estimated cost of the works.
There are three categories, small works (not exceeding K50, 000), medium-sized works (exceeding K50, 000, but not exceeding K500, 000) and large works (exceeding K500, 000).
In each category, the fees are based on a sliding scale in line with the three classes of buildings namely Class A, Class B and Class C types of buildings. In the selection of a contract, therefore, and given the provisions of CAP 442, a procurement entity has leverage in line with the ZPPA Act to choose the most appropriate type of contract.
According to Statutory Instrument 106 of 1999 of CAP 442 of the Laws of Zambia, the fees charged by the architect shall be “for taking instructions from a client, preparing sketch designs making and approximate estimates of costs, Cap. 295 submitting an application for approval under the Public Health (Building) Regulations and the Town Country and Planning CAP. 283 (Application for Planning Permission) Regulations.
“Preparing working drawings and specifications and such other particulars as may be required for the purpose of obtaining tenders, advising on tenders and the preparation of contracts, nominating and instructing consultants and clerk of works, preparing for the use of a contractor, two copies of all drawings, specifications and other particulars and all further details as maybe necessary for the proper carrying out of works, giving general inspection as defined in paragraph 1 of part 1, issuing certificate for payment, certifying accounts and preparing such drawings as maybe required under paragraph 4 of part I: the charge shall be a percentage of the total cost of all executed works, as set out in this part.”
It also stipulates that in addition to the fees charged, the architect shall be reimbursed for all reasonable expenses and disbursements incurred in connection with the contract including the cost of all printing, hotel and traveling expenses, kilometre allowance, all payments made on behalf of the client, fees and other charges for specialised professional advice, incurred by the architect with the specific authority of the client, the cost of postage, and the like, air freight and courier services, additional charges by an architect for time spent in travelling in connection with works, and all  fees in respect of applications made under any law in force.
Clearly the amount of provision and adequacy of budgetary as well as other requirements is neither small nor simple; it is complex; the work of procuring services of an architect (and the related consultancies) requires therefore a selection of an appropriate type of contract in ensuring that competition, fairness, transparency, accountability, efficiency, economy, and value for money, is promoted and achieved.
In conclusion, it is important to ensure that a qualified registered architect is “gotten” to provide the required architectural services.
The Zambia Institute of Architects secretariat is available to provide necessary information to members of the public.
The institute interacts with various stakeholders in endeavouring to serve the general public as it carries out its functions.
Acquiring architectural services takes into account not just the interests of the client but those of the general public as well because a building is a public property not just in terms use but also in terms of appearance as well.