(1)
Professional services
defined. The term "professional services" shall include planning,
design, architectural, engineering, landscape architecture, land surveying,
land appraising, consulting, legal and management review services.
(2)
Notification of professional
firms or individuals. The department shall keep a record of
professional firms and individuals desirous of providing services and shall
encourage from time to time the submission of letters detailing a firm's or
individual's capabilities.
If a contract is estimated to cost more than $25,000, firms or
individuals shall be invited to notify the department of their interest in and
capabilities for providing the service. Such firms or individuals shall be
informed by an advertisement in at least one newspaper of statewide
circulation, one newspaper published in the county seat of the county in which
the work is to be done, and such other means as may be appropriate. Where work
is to be done under the contract in more than three counties, the requirement
of publication in the county seat shall not be required so long as other means
of notice to bidders is given, as in trade journals or other such means. At
least one of said advertisements shall be not less than 15 days prior to the
date set by the department for the preliminary review of said documents. Based
upon this information, the department may select a group of at least five firms
or individuals, unless fewer than that number have indicated interest, who
shall be invited to submit proposals for the performance of the desired
service.
In explaining their capabilities, firms or individuals are
encouraged to provide information relative to the number, qualifications, and
experience of their professional and technical staff; their performance records
for timeliness, quality, and project management; their geographical location;
and any specialized expertise which may be appropriate.
(3)
Selection of firm or
individual
a. For any contract for
professional services estimated to cost less than $5,000, the department may
select a firm or individual and negotiate a professional services contract. The
bureau chief or division administrator shall prepare a memorandum for the
project file stating the reasons why that particular firm or individual was
selected. However, quotations may be solicited if it is in the best interest of
the state.
b. For contracts
estimated to cost from $5,000 to $25,000 at least three firms or individuals
who appear to be qualified shall be invited to submit proposals for the
performance of the desired service unless fewer than that number have indicated
the availability, capability or willingness to perform the desired
service.
c. When a project
requiring professional services is divided into several phases, the selection
of a professional firm or individual for the first project phase may be
accomplished in the manner prescribed for the cost estimate relating to the
entire project. The contract cost for subsequent phases may be established by
negotiation.
The proposals shall also contain an hourly estimate of
professional services. These fees and associated costs shall be submitted as
directed by the department.
d. Upon the acceptance of a proposal by the
director and the appropriate commission, if required by statute, the total
estimated cost shall become the maximum contract cost which shall not be
increased, except to the extent that a contract amendment increases the
objectives and scope of services or projects that are unrelated but identical
in nature. The proposals submitted for those contracts over $10,000 shall be
reviewed, and members of the firms or individuals may be interviewed by a
department selection committee established by the director At least one-third
of the selection committee shall be composed of individuals not responsible for
the contract administration. This committee shall evaluate each proposal
relative to the following criteria:
(1)
Sufficiency of professional and technical staff to meet the project schedule
and work requirements.
(2)
Performance records for timeliness, quality and project management.
(3) Geographical location.
(4) Specialized expertise.
(5) Proposed method of accomplishing the
desired service.
(6) Total
estimated cost.
(7) Total estimated
life cycle costs, if appropriate.
After evaluating the proposals, the committee shall submit a
written recommendation to the director
e. The director may authorize the negotiation
of a contract without solicitation of quotations or advertising for proposals
if the service is to be provided by another governmental entity or educational
institution or nonprofit corporation, or if the service is of a specialized
nature where only one firm or individual can reasonably provide the service, or
where delay for solicitation of quotations or advertising for proposals might
reasonably be expected to result in serious loss or injury to the
state.