§103D-304  Procurement of professional
services.  (a)  Professional services shall be procured in accordance with
sections 103D-302, 103D-303, 103D-305, 103D-306, or 103D-307, or this section;
provided that design professional services furnished by licensees under chapter
464 shall be procured pursuant to this section or section 103D-307.  Contracts
for professional services shall be awarded on the basis of demonstrated
competence and qualification for the type of services required, and at fair and
reasonable prices.



(b)  At a minimum, before the beginning of each
fiscal year, the head of each purchasing agency shall publish a notice inviting
persons engaged in providing professional services which the agency anticipates
needing in the next fiscal year, to submit current statements of qualifications
and expressions of interest to the agency.  Additional notices shall be given
if:



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



(2)  The response to the initial notice does not
result 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 uniform
format for statements of qualifications.  Persons may amend these statements by
filing a new statement prior to the date designated for submission.



(c)  The head of the purchasing agency shall
designate a review committee consisting of a minimum of three persons with
sufficient education, training, and licenses or credentials for each type of
professional service which may be required.  In designating the members of the
review committee, the head of the purchasing agency shall ensure the
impartiality and independence of committee members.  The names of the members
of the review committee established under this section shall be placed in the
contract file.



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



(d)  Whenever during the course of the fiscal
year the agency needs a particular professional service, the head of the
purchasing agency shall designate a selection committee to evaluate the
statements of qualification and performance data of those persons on the list
prepared pursuant to subsection (c) along with any other pertinent information,
including references and reports.  The selection committee shall be comprised
of a minimum of three persons with sufficient education, training, and licenses
or credentials in the area of the services required.  In designating the
members of the selection committee, the head of the purchasing agency shall
ensure the impartiality and independence of committee members.  The names of
the members of a selection committee established under this section shall be
placed in the contract file.



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



(1)  Experience and professional qualifications
relevant to the project type;



(2)  Past performance on projects of similar scope for
public agencies or private industry, including corrective actions and other
responses to notices of deficiencies;



(3)  Capacity to accomplish the work in the required
time; and



(4)  Any additional criteria determined in
writing by the selection committee to be relevant to the purchasing agency's
needs or necessary and appropriate to ensure full, open, and fair competition
for professional services contracts.



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



(g)  The selection committee shall rank a
minimum of three persons based on the selection criteria and send the ranking
to the head of the purchasing agency.  The contract file shall contain a copy
of the summary of qualifications for the ranking of each of the persons
provided to the head of the purchasing agency for contract negotiations.  If
more than one person holds the same qualifications under this section, the
selection committee shall rank the persons in a manner that ensures equal
distribution of contracts among the persons holding the same qualifications. 
The recommendations of the selection committee shall not be overturned without
due cause.



(h)  The head of the purchasing agency or
designee shall negotiate a contract with the first ranked person, including a
rate of compensation which is fair and reasonable, established in writing, and
based upon the estimated value, scope, complexity, and nature of the services
to be rendered.  If a satisfactory contract cannot be negotiated with the first
ranked person, negotiations with that person shall be formally terminated and
negotiations with the second ranked person on the list shall commence.  The
contract file shall include documentation from the head of the purchasing
agency, or designee, to support selection of other than the first ranked or
next ranked person.  Failing accord with the second ranked person, negotiations
with the next ranked person on the list shall commence.  If a contract at a
fair and reasonable price cannot be negotiated, the selection committee may be
asked to submit a minimum of three additional persons for the head of the
purchasing agency to resume negotiations in the same manner provided in this
subsection.  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 contract
award by the chief procurement officer or designee and shall remain posted for
at least one year.  Information to be posted shall include, but not be limited
to:



(1)  The names of the persons submitted under
subsection (g);



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



(3)  The dollar amount of the contract;



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



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



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



(k)  In cases of
awards made under this section, nonselected professional service providers may
submit a written request for debriefing to the chief procurement officer or designee
within three working days after the posting of the award of the contract. 
Thereafter, the head of the purchasing agency shall provide the requester a
prompt debriefing in accordance with rules adopted by the policy board.  Any
protest by the requester pursuant to section 103D-701 following debriefing
shall be filed in writing with the chief procurement officer or designee within
five working days after the date that the debriefing is completed. [L Sp
1993, 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.