§103D-304  Procurement of professionalservices.  (a)  Professional services shall be procured in accordance withsections 103D-302, 103D-303, 103D-305, 103D-306, or 103D-307, or this section;provided that design professional services furnished by licensees under chapter464 shall be procured pursuant to this section or section 103D-307.  Contractsfor professional services shall be awarded on the basis of demonstratedcompetence and qualification for the type of services required, and at fair andreasonable prices.

(b)  At a minimum, before the beginning of eachfiscal year, the head of each purchasing agency shall publish a notice invitingpersons engaged in providing professional services which the agency anticipatesneeding in the next fiscal year, to submit current statements of qualificationsand expressions of interest to the agency.  Additional notices shall be givenif:

(1)  The response to the initial notice is inadequate;

(2)  The response to the initial notice does notresult in adequate representation of available sources;

(3)  New needs for professional services arise; or

(4)  Rules adopted by the policy board so specify.

The chief procurement officer may specify a uniformformat for statements of qualifications.  Persons may amend these statements byfiling a new statement prior to the date designated for submission.

(c)  The head of the purchasing agency shalldesignate a review committee consisting of a minimum of three persons withsufficient education, training, and licenses or credentials for each type ofprofessional service which may be required.  In designating the members of thereview committee, the head of the purchasing agency shall ensure theimpartiality and independence of committee members.  The names of the membersof the review committee established under this section shall be placed in thecontract file.

The committee shall review and evaluate allsubmissions and other pertinent information, including references and reports,and prepare a list of qualified persons to provide these services.  Personsincluded on the list of qualified persons may amend their statements ofqualifications as necessary or appropriate.  Persons shall immediately informthe head of the purchasing agency of any change in information furnished whichwould disqualify the person from being considered for a contract award.

(d)  Whenever during the course of the fiscalyear the agency needs a particular professional service, the head of thepurchasing agency shall designate a selection committee to evaluate thestatements of qualification and performance data of those persons on the listprepared pursuant to subsection (c) along with any other pertinent information,including references and reports.  The selection committee shall be comprisedof a minimum of three persons with sufficient education, training, and licensesor credentials in the area of the services required.  In designating themembers of the selection committee, the head of the purchasing agency shallensure the impartiality and independence of committee members.  The names ofthe members of a selection committee established under this section shall beplaced in the contract file.

(e)  The selection criteria employed indescending order of importance shall be:

(1)  Experience and professional qualificationsrelevant to the project type;

(2)  Past performance on projects of similar scope forpublic agencies or private industry, including corrective actions and otherresponses to notices of deficiencies;

(3)  Capacity to accomplish the work in the requiredtime; and

(4)  Any additional criteria determined inwriting by the selection committee to be relevant to the purchasing agency'sneeds or necessary and appropriate to ensure full, open, and fair competitionfor professional services contracts.

(f)  The selection committee shall evaluate thesubmissions of persons on the list prepared pursuant to subsection (c) and anyother pertinent information which may be available to the agency, against theselection criteria.  The committee may conduct confidential discussions withany person who is included on the list prepared pursuant to subsection (c)regarding the services which are required and the services they are able toprovide.  In conducting discussions, there shall be no disclosure of any informationderived from the competing professional service offerors.

(g)  The selection committee shall rank aminimum of three persons based on the selection criteria and send the rankingto the head of the purchasing agency.  The contract file shall contain a copyof the summary of qualifications for the ranking of each of the personsprovided to the head of the purchasing agency for contract negotiations.  Ifmore than one person holds the same qualifications under this section, theselection committee shall rank the persons in a manner that ensures equaldistribution of contracts among the persons holding the same qualifications. The recommendations of the selection committee shall not be overturned withoutdue cause.

(h)  The head of the purchasing agency ordesignee shall negotiate a contract with the first ranked person, including arate of compensation which is fair and reasonable, established in writing, andbased upon the estimated value, scope, complexity, and nature of the servicesto be rendered.  If a satisfactory contract cannot be negotiated with the firstranked person, negotiations with that person shall be formally terminated andnegotiations with the second ranked person on the list shall commence.  Thecontract file shall include documentation from the head of the purchasingagency, or designee, to support selection of other than the first ranked ornext ranked person.  Failing accord with the second ranked person, negotiationswith the next ranked person on the list shall commence.  If a contract at afair and reasonable price cannot be negotiated, the selection committee may beasked to submit a minimum of three additional persons for the head of thepurchasing agency to resume negotiations in the same manner provided in thissubsection.  Negotiations shall be conducted confidentially.

(i)  Contracts awarded under this section for$5,000 or more shall be posted electronically within seven days of the contractaward by the chief procurement officer or designee and shall remain posted forat least one year.  Information to be posted shall include, but not be limitedto:

(1)  The names of the persons submitted undersubsection (g);

(2)  The name of the person or organization receivingthe award;

(3)  The dollar amount of the contract;

(4)  The name of the head of the purchasing agency ordesignee making the selection; and

(5)  Any relationship of the principals to theofficial making the award.

(j)  Contracts for professional services ofless than the limits in section 103D-305, may be negotiated by the head of thepurchasing agency, or designee, with at least any two persons on the list ofqualified persons established pursuant to subsection (c).  Negotiations shallbe conducted in the manner set forth in subsection (h), with ranking based onthe selection criteria of subsection (e) as determined by the head of theagency.

(k)  In cases ofawards made under this section, nonselected professional service providers maysubmit a written request for debriefing to the chief procurement officer or designeewithin three working days after the posting of the award of the contract. Thereafter, the head of the purchasing agency shall provide the requester aprompt debriefing in accordance with rules adopted by the policy board.  Anyprotest by the requester pursuant to section 103D-701 following debriefingshall be filed in writing with the chief procurement officer or designee withinfive working days after the date that the debriefing is completed. [L Sp1993, c 8, pt of §2; am L 1995, c 178, §10; am L 1997, c 21, §1 and c 352, §7;am L 2000, c 141, §1; am L 2003, c 52, §5; am L 2004, c 216, §1]

 

Note

 

  L 1997, c 352, §23 purports to amend this section.