Ariz. Admin. Code § R7-2-1110 - Committee Evaluation and Contract Award

As an alternative to R7-2-1109, the school district may use the qualified select bidders list method to determine the vendors who receive the notice of competitive sealed bidding for a construction contract. The qualified select bidders list shall be determined in accordance with this subsection.

A. If interviews are specified in the request for qualifications:

1. The selection committee shall determine the persons to be interviewed by evaluating the statements of qualifications and performance data submitted based solely on the selection criteria and relative weights in the request for qualifications to be used to determine the persons to be interviewed.

2. If the selection criteria and relative weights to be used by the selection committee to select the persons on the final list and to determine their order on the final list are not included in the request for qualifications:

a. Before the interviews are held the school district shall distribute to the persons to be interviewed the selection criteria and relative weights to be used to select the persons on the final list and to determine their order on the final list.

b. These selection criteria and relative weights may be different than the selection criteria and relative weight used to determine the persons to be interviewed.

3. The selection committee shall conduct interviews with the number of persons specified in the request for qualifications.

B. Based solely on the selection criteria and relative weights for selection of the persons on the final list and their order on the final list, the selection committee shall select the persons for the final list and, in the case of a final list for a contract that will be negotiated under subsection (D), rank the persons in order of preference.

1. Requests for Qualifications shall be issued at least 21 days before the time and date set for submission.

2. Use of the qualified select bidders list shall be restricted to the specific project(s) identified in the request for qualifications.

3. The qualified select bidders list must consist of at least three prime contractors when a contractor is solicited or three construction material suppliers when material suppliers are solicited.

4. The qualified select bidders list for any specific project(s) is valid for one year but may be extended for an additional year, at the option of the school district.

C. The school district shall make the following notifications regarding the final lists:

1. If the contract will be negotiated under subsection (D) before or at the same time as the school district notifies the highest ranking person on the final list that it is the highest ranking person, the school district shall send actual notice to each of the following that it is not the highest ranking person or that another person is the highest ranking person:

a. If interviews were held, the other persons interviewed.

b. If interviews were not held, the other persons that made submittals.

c. The anticipated evaluation period and selection of a qualified select bidders list.

d. General information on the project site(s), scope of work, schedule, selection criteria, project design and construction budget, or life-cycle budget for a procurement that includes maintenance, operations, and finance services.

e. The weight prescribed by the school district for each of the criteria to be used in making the evaluation.

f. The criteria to be used in making the evaluation, which shall include at a minimum:

i. Firm's capabilities and qualifications for performing the scope of work;

ii. Contractors' or materials suppliers' project team, and key members' education, training and qualifications;

iii. Method of Approach, including subcontractor plan, safety plan;

iv. Safety record and worker's compensation rate;

v. Projected construction schedule;

vi. Current workload;

vii. Five most recent representative examples of similar work along with references for each example;

viii. Current bonding availability and capacity;

ix. Any judgment or liens against the prospective proposer within the last three years;

x. Any current unresolved bond claims against the prospective proposer;

xi. Any deficiency orders issued against the prime contractor by the Arizona Registrar of Contractors within the last three years; and

xii. Any filing under the United States Bankruptcy Code, assignments for the benefit of creditors, or other measures taken for the protection against creditors during the last three years.

g. The type of contract to be used.

h. The name of the district representative(s).

i. The expiration date of the qualified select bidders list if less than one year.

j. The district reserves the right to conduct interviews as part of the evaluation process.

2. If the contract will be awarded under R7-2-1111, before or at the same time as the school district notifies the persons on the final list that they are on the final list, the school district shall send actual notice to each of the following persons that they are not on the final list or that other persons are on the final list:

a. If interviews were held, the other persons interviewed.

b. If interviews were not held, the other persons that made submittals.

D. The school district shall conduct negotiations with persons on the final list as follows:

1. The negotiations shall include consideration of compensation and other contract terms that the school district determines to be fair and reasonable to the school district. In making this decision, the school district shall take into account the estimated value, the scope, the complexity and the nature of the construction services to be rendered.

2. If the procurement is for a single contract, there is one final list and the school district shall enter into negotiations with the highest qualified person on the final list. If the school district is not able to negotiate a satisfactory contract with the highest qualified person on the final list, at compensation and on other contract terms the school district determines to be fair and reasonable, the school district shall formally terminate negotiations with that person. The school district shall then undertake negotiations with the next most qualified person on the final list in sequence until an agreement is reached or a determination is made to reject all persons on the final list.

3. If the procurement is for multiple contracts for similar job-order-contracting construction services to be awarded to separate persons, there is one final list and the school district shall enter into separate negotiations for contracts with the number of the highest qualified persons on the final list equal to the number of contracts to be awarded. If the school district is not able to negotiate a satisfactory contract with a person with whom the school district has commenced negotiations, the school district shall formally terminate negotiations with that person. The school district shall then undertake negotiations for a contract with the next most qualified person on the final list with whom the school district is not then negotiating and with whom the school district has not previously negotiated in sequence until an agreement is reached for some or all of the multiple contracts included in the request for qualifications or a determination is made to reject all persons on the final list.

4. If the school district terminates negotiations with a person and commences negotiations with another person on the final list, the school district shall not recommence negotiations or enter into a contract for the construction services covered by the final list with any person with whom the school district terminated negotiations.

E. Amendments to Request For Qualifications

1. An amendment to a request for qualifications shall be issued if necessary to do any of the following:

a. Make changes in the Request for Qualifications;

b. Correct defects or ambiguities; or

c. Furnish to prospective proposers information given to any other prospective proposer, if the information will assist the prospective proposers in submitting their qualifications proposal or if the lack of the information will prejudice the prospective proposers.

2. Amendments to request for qualifications shall be so identified and shall be distributed to all persons to whom the original request for qualifications was distributed by the school district.

3. Amendments to request for qualifications shall be issued within a reasonable time before the submittal date to allow prospective proposers to consider them in preparing their qualification proposals. If the school district determines that the time and date set forth in the request for qualifications does not permit sufficient time for proposal preparation, the time and date for the submittal shall be extended in the amendment or, if necessary, by telegram, telephone, or electronic communication and confirmed in the amendment.

F. Pre-submittal Modification or Withdrawal of Qualifications Proposals

1. A prospective proposer may modify or withdraw its proposal at any time before the prescribed submittal deadline if the modification or withdrawal is received before the time and date set for the submittal at the location designated in the request for qualifications.

2. All documents concerning a modification or withdrawal of a proposal shall be retained in the official records of the school district.

G. Late Submittals, Late Withdrawals and Late Modifications

1. A submittal, modification or withdrawal is late if it is received at the location designated in the request for qualifications for receipt of qualification proposals after the time and date set for the submittal.

2. A late qualification proposal, late modification, or late withdrawal shall be rejected, unless the qualifications proposal, modification or withdrawal would have been timely received but for the action or inaction of school district personnel and is received before the qualified select bidders list is established.

3. Prospective proposers submitting qualifications proposals, modifications, or withdrawals that are rejected as late shall be so notified as soon as practicable.

4. All documents concerning acceptance of a late qualifications proposal, late modification, or late withdrawal shall be retained in the official records of the school district.

H. Receipt, Opening and Recording Qualifications Proposals

1. Each qualifications proposal and modification shall be time and date stamped upon receipt and stored unopened in a secure place until the date and time set forth in the request for qualifications.

2. Qualifications proposals and modifications shall be opened publicly at the date and time designated in the request for qualifications and in the presence of one or more witnesses. The name of each proposer and any other relevant information deemed appropriate by the school district shall be recorded. The record shall be available for public inspection.

3. After the qualified select bidders list is established, the qualification proposals shall be available for public inspection, except that portion of a qualifications proposal that was designated as confidential pursuant to R7-2-1005 shall remain confidential from and after the time of the submittal deadline.

I. Establishing the Qualified Select Bidders List

1. The qualified select bidders list shall be established by determining the highest rated proposers from the qualification proposals received. This will be a minimum of three and a maximum of five.

2. The determinations of the highest rated proposers shall be accomplished by having each member of the evaluation committee rate each proposal as to the established criteria for evaluation.

3. For each qualified select bidders list process there will be established by the school district an evaluation committee composed of five members. These members shall include the project designer(s) or construction material specifier(s), one member from the prime contracting/construction material supplier community that performs commensurate level work and is disinterested in this project, a school district facilities representative and two other members as designated by the school district.

4. The evaluation committee shall review and rate each proposal received according to the established evaluation criteria. The committee members shall make written notes as appropriate and submit those notes and their evaluation scores to the school district procurement agent. The school district procurement agent shall add the evaluation committee's scores for each qualification proposal and shall sign, date and submit those results to the evaluation committee for final determination of the three to five highest rated proposers, which will then constitute the qualified select bidders list. A one-year eligibility period for the qualified select bidders list shall begin on the date the school district procurement agent signs the evaluation results, and may be extended one year at the option of the school district.

5. After the initial evaluation, the committee may conduct interviews with the proposers that have been identified to be the most highly qualified before making the final determination of the qualified select bidders list. The committee members shall make written notes as appropriate and submit those notes and their evaluation scores to the school district procurement agent. The school district procurement agent shall add the evaluation committee's scores for each qualification proposal and shall sign, date and submit those results to the evaluation committee for final determination of the three to five highest rated proposers, which will then constitute the qualified select bidders list. A one-year eligibility period for the qualified select bidders list shall begin on the date the school district procurement agent signs the evaluation results, and may be extended one year at the option of the school district.

6. Once the qualified select bidders list is established, a written notice of the selected proposers will be sent to all the proposers.

7. After the establishment of the qualified select bidders list, a written record showing the basis for determining the qualified select bidders list shall be prepared by the school district procurement agent, retained in the official records of the school, and made available to the public for review.

8. The qualified select bidders shall then be provided an invitation for bid, which shall follow the established School District Procurement Rules, Arizona Administrative Code, Article 10, R7-2-1024 to R7-2-1032 . For any projects not identified in the Requests for Qualifications, the district may not solicit bids on those projects under the qualified select bidders list either in the initial one-year period or the one-year extension period.

9. Projects identified in the solicitation must have invitation for bids issued within the initial one-year period, or in the one-year extension period, to be awarded a contract under that qualified select bidders list.

J. Less Than Three Proposals Are Received

1. In the event that less than three qualifications proposals are received, this procurement process will cease and the school district may elect to reissue the request for qualifications or pursue other procurement methods.

2. In the event that less than three proposers are identified by the selection committee as being the most highly qualified, this procurement process will cease and the school district may elect to reissue the request for qualifications or pursue other procurement methods.

K. School districts that use the qualified select bidders list method to procure construction services shall adhere to the reporting requirements in R7-2-1116(O) .

Notes

Ariz. Admin. Code § R7-2-1110

New Section made by exempt rulemaking at 13 A.A.R. 1266, effective February 26, 2007 (Supp. 07-1). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.