Overview
The procurement structure determines whether engineering expertise is treated as professional judgment or as commoditized services. Qualifications-Based Selection (QBS) remains the foundation of responsible engineering procurement policy.
The 2026 session ended with Minnesota’s QBS framework intact. No legislation weakened the qualifications-based selection requirements in Minn. Stat. § 16C.087, and no lowest-cost evaluation mandate for professional engineering services advanced.
ACEC Minnesota works with legislators, agencies, and stakeholders to maintain strong procurement policy aligned with professional engineering principles.
Why QBS matters
Engineering services are fundamentally different from low-bid construction contracts. Professional engineering decisions affect:
Public safety
Long-term asset performance
Project lifecycle cost
Environmental outcomes
Community resilience
When procurement shifts toward lowest-cost evaluation models, project risk increases and professional accountability is diluted.
QBS ensures that engineering firms are selected based on qualifications, experience, and demonstrated capability before fee negotiation.
2026 session outcomes
In a session defined by a tied House and a one-seat Senate majority, holding the statutory framework steady was the outcome our procurement advocacy was built to deliver. Results that matter for consulting engineering firms:
The QBS framework in Minn. Stat. § 16C.087 was not amended. Agencies must continue to evaluate qualifications before negotiating compensation for covered professional services.
The Legislature enacted a payment transparency provision: public entities must provide contractors and subcontractors working on public improvement projects with project payment information upon request.
The omnibus tax bill centered on federal conformity and property tax relief. No expansion of the sales tax to professional engineering services was enacted.
Looking ahead
Between now and the 2027 session, ACEC Minnesota’s procurement advocacy focuses on:
Engaging with public agencies on how artificial intelligence requirements are scoped in professional services solicitations, so that RFP language reflects professional responsibility and licensure obligations rather than blanket restrictions or unexamined mandates.
Defending qualifications-based selection in federal surface transportation reauthorization as Congress works toward the September 30, 2026 expiration of the current authorization.
Supporting the Parity in Engineering Act (H.R. 3258), which would restore the federal-aid contracting guardrails on indirect cost rates that Minnesota firms are currently excluded from.
Promoting risk-balanced contract frameworks in agency terms and conditions, including indemnification, standard of care, and limitation of liability provisions.
Preparing 2027 legislative priorities with member input through our committees this fall.
Procurement modernization is appropriate. Commoditization of professional engineering services is not.
Infrastructure investment & delivery reform
We advocate for bonding structure, capital investment, professional delivery frameworks, and balanced state-local coordination to allow engineering firms to plan and invest with confidence.
Read this priorityProfessional licensure protection
We monitor statutory changes, protect title distinctions, and support modernization that maintains public trust and professional accountability.
Read this priority