In a message dated 2/7/97 11:49:26 AM,
 Chris Dill wrote about registering out of state firms:

<<North Dakota has a comparable law related to the expenditure
of public funds.  Contractors on all construction projects
using public funds must be registered with the Secretary of
State.  This law is not new, having been on the books for
years.  And it DOES NOT limit us to "local" contractors, it
simply means we have to remind potential bidders to
register, which is a cheap and simple process.  >>

Chris, you went on to say that you don't know how this puts a hardship on out
of state bidders.

Trust me, it does.  If you are a three person company, trying hard to reach a
targeted specialized clientele in 50 states and abroad at a competitive fee,
registration can be a problem.  For example, I have to register also with
some CITIES and COUNTIES!!  Now this may not seem a big deal.
With Maimi, Florida (actually Dade County), they require an Affirmative
Action Plan in effect before you can register.  I understand this and
prepared a formal plan.  But every jurisdiction requires a different plan.
 Dade County's plan has to be worded exactly the way they want it to be
worded on forms (I might note typed on a typewriter! Who has a typewriter
these days?).  It has to be updated annually.  They put out an RFP three
years ago and I was on the leading architect's team. For three years they
have been negotiating the contract and for the third straight year we have
had to file a revised plan even though i have not signed a contract yet.
 This year's revision took several days to do as they have new requirements
annually.  Multiply this times fifty states and add in the major cities and
counties and its enough to make a guy want to go out and get a real job! Some
of these jurisdictions want professional liability insurance forms and data,
some want other specific forms filled out like AIA 255 forms listing previous
projects.  You think dealing with the IRS is a treat, try dealing with a
county redevelopment authority or better still, three or for different
agencies in each jurisdiction.

Who pays for this.  YOU do.

You also wrote that the museum is not limited in who it can hire.  I didn't
say you were limited. You said that all you have to do is remember to ask for
specialty consultants.  I agree that you are correct.  As a curatorial
person, you will certainly remember to ask for a lighting consultant if your
local architect doesn't have one.  But will you ask for a museum specialist
electrical engineer or will you assume that the one the local firm hired is
acceptable?  How about the security consultant.  Will the local retired cop
be OK?

You should be free to recruit anyone you feel is qualified, then, if they are
awarded the job, the architect or engineer should be required to register if
this is such a simple process.  Why register is several hundred states,
counties and cities when 75% of them will be a waste of time.  Not only would
the client not ultimately pay for this overhead but the jurisdiction doing
the registering could cut costs. Unqualified architects and engineers and
their consultants would not waste their time applying because the cost of
pursuing a project can be high and the if they fail to meet the registration
requirements, they will be disqualified.

Government makes business jump through unnecessary hoops and that is exactly
why toilet seats cost $500 when purchased by the government.  If you think
that the government imposes rules like this to assure quality, you are wrong.
 I have both government and private clients and the way the government
operates, it almost always gets less quality and older technolgoy than
private industry when it purchases goods and services. Rules like this are
almost always intended to achieve some politcal goal or steer business to a
limited (local) few and make the cost of doing business too high for
outsiders to compete with local firms.

I agree that imposing registration rules on certain professionals is
acceptable but I caution that if it is carried too far, you won't be able to
afford to hire the specialists because we won't be able to compete for state
projects against local firms where government bidding rules ar ein effect.

Steve Keller
Museum Security Consultant