34-103

34-103. Employment of technical registrants for
work on public buildings and structures; direct selection; final
list selection; public competition

A. An agent shall procure professional services from a technical registrant in the
manner prescribed in chapter 6 of this title if either of the following applies:

1. The contract is with a technical registrant other than an architect and is for
an amount of more than five hundred thousand dollars.

2. The contract is with an architect and is for an amount of more than two hundred
fifty thousand dollars.

B. An agent may procure professional services from a technical registrant in the
manner prescribed in chapter 6 of this title or as prescribed in subsection D if either
of the following applies:

1. The contract is with a technical registrant other than an architect and is for
an amount of five hundred thousand dollars or less.

2. The contract is with an architect and is for an amount of two hundred fifty
thousand dollars or less.

C. If authority is given by law to an agent to construct a building or structure,
or additions to or alterations of existing buildings, an agent shall employ an architect
or engineer, or both, as warranted by the type of construction, if the agent deems the
work to be of a nature that requires such employment.

D. An agent may employ a technical registrant by direct selection, by public
competition pursuant to subsection G or pursuant to subsections E and F if either of the
following applies:

1. The contract is with a technical registrant other than an architect and is for
an amount of five hundred thousand dollars or less.

2. The contract is with an architect and is for an amount of two hundred fifty
thousand dollars or less.

E. The agent may elect to employ a technical registrant or technical registrants by
encouraging persons or firms engaged in the lawful practice of the profession to submit
annually a statement of qualifications and experience. If the agent elects to employ a
technical registrant or technical registrants by this method, the agent shall initiate an
appropriately qualified selection committee for each procurement, which may include one
contract or multiple contracts, in accordance with rules adopted by the agent. The
amount of each contract in a single procurement under this subsection and subsection F
shall not exceed the dollar amount limits in subsections B and D. The selection
committee shall evaluate current statements of qualifications and experience on file with
the agent together with those that may be submitted by other persons or firms regarding
the procurement. If possible and practicable, the selection committee shall conduct
interviews regarding the procurement and the relative methods of furnishing the required
services and, if possible, shall select, in order of preference and based on criteria
established and published by the selection committee, one or more final lists of the
persons or firms deemed to be the most qualified to provide the services required. The
selection committee shall base the selection of each final list and the order of
preference on each final list on demonstrated competence and qualifications only. The
agent and the selection committee shall not request or consider fees, price, man-hours or
any other cost information at any point in the selection process under this subsection,
including the selection of the persons or firms to be interviewed, the selection of the
persons and firms to be on a final list, in determining the order of preference of
persons and firms on a final list or for any other purpose in the selection process. If
the procurement is for:

1. A single contract or if the procurement is for multiple contracts to be awarded
to a single person or firm, there shall be one final list of at least three but no more
than five persons or firms.

2. Multiple contracts for different technical registrant services to be awarded to
separate persons or firms, there shall be a separate final list for each type of
technical registrant services and the number of persons or firms on each final list shall
be the number of contracts for each type of technical registrant service plus another
number that is determined by the agent and that is not more than five.

3. Multiple contracts for similar technical registrant services to be awarded to
separate persons or firms, there shall be one final list and the number of persons or
firms on the final list shall be the number of contracts plus another number that is
determined by the agent and that is not more than five.

F. After each final list is selected pursuant to subsection E, the agent shall
enter into negotiations with the highest qualified person or firm on each final list or,
in the case of a final list for multiple contracts to be awarded to separate persons or
firms, the agent shall enter into negotiations with a number of the highest qualified
persons or firms on a final list equal to the number of contracts that may or will be
awarded. The negotiations shall include consideration of compensation and other contract
terms that the agent determines to be fair and reasonable to the agent. In making this
determination, the agent shall take into account the estimated value, the scope, the
complexity and the nature of the professional services to be rendered. If the agent is
not able to negotiate a satisfactory contract with a person or firm with which the agent
is negotiating at a price and on other contract terms the agent determines to be fair and
reasonable, the agent shall formally terminate negotiations with that person or firm.
The agent may enter into negotiations with the next most qualified person or firm on the
final list in sequence until an agreement is reached or a determination is made to reject
all persons or firms on the final list. If the agent terminates negotiations with a
person or firm on a final list and commences negotiations with another person or firm on
a final list, the agent shall not in that procurement recommence negotiations or enter
into the single contract or multiple contracts for the technical registrant services
covered by that final list with any person or firm on that final list with whom the agent
has terminated negotiations.

G. If competitive designs are solicited, the agent shall publish notice of the
competition at least thirty days before the date set for closing the competition. The
notice shall include the following:

1. The project title and description.

2. The design and construction budget.

3. The competitive process and criteria to be used to select the winning offeror.

4. The amount of the stipend to be paid to the unsuccessful offerors.

5. The offerors' response date.

6. The person to contact to obtain additional information regarding the
competition.

7. Any other requirements established by the agent as appropriate.