Utah Admin. Code R23-1-1501 - Architect-Engineer Procurement Process, General Process
(1) Application. Except as otherwise provided
in Section
63G-6a-1502, Part 15 of the Utah
Procurement Code apply to every procurement of services within the scope of the
practice of architecture as defined by Section
58-3a-102, or professional
engineering as defined in Section
58-22-102. All definitions in the
Utah Procurement Code shall apply to this rule unless otherwise specified in
this rule. This administrative rule provides additional requirements and
procedures and must be used in conjunction with the Utah Procurement
Code.
(2) Architect-Engineer
Evaluation Committee. The director shall designate members of the
Architect-Engineer Evaluation Committee. The evaluation committee must consist
of at least three members who are qualified under Section
63G-6a-1503.
(3) Request for Statement of Qualifications.
The division shall issue a public notice for a request for statement of
qualifications to rank architects or engineers. The division shall:
(a) state in the request for statement of
qualifications:
(i) the type of procurement
item to which the request for statement of qualifications relates;
(ii) the scope of work to be
performed;
(iii) the instructions
and the deadline for providing information in response to the request for
statement of qualifications; and
(iv) criteria used to evaluate statements of
qualifications including:
(A) basic
information about the person or firm;
(B) experience and work history;
(C) management and staff;
(D) qualifications and
certification;
(E) licenses and
certifications;
(F) applicable
performance ratings;
(G) financial
statements; and (H) other pertinent information.
(b) Key personal identified in the statement
of qualifications may not be changed without the advance written approval of
the division.
(4) Not
include Cost in Response. Architects and engineers shall not include price or a
cost component in a response to a request for statement of
qualifications.
(5) Evaluation of
Statement of Qualifications. The evaluation committee shall evaluate statements
of qualifications in accordance with Section
63G-6a-1503.5 to rank or score
architects or engineers without considering price or a cost
component.
(6) Negotiation and
Award of Contract. The director shall negotiate a contract with the most
qualified firm for the required services at compensation determined to be fair
and reasonable based on the division's rate table or as may be reasonably
adjusted by the director for the particular scope of work, location, or other
aspects of the services.
(7)
Failure to Negotiate Contract with the Highest Ranked Firm.
(a) If fair and reasonable compensation,
contract requirements, or contract documents cannot be agreed upon with the
highest ranked firm, the director shall advise the firm in writing of the
termination of negotiations.
(b)
Upon failure to negotiate a contract with the highest ranked firm, the director
shall proceed in accordance with Section
63G-6a-1505.
(8) Notice of Award.
(a) The director shall award a contract to
the highest ranked firm with which the fee negotiation was
successful.
(b) Notice of the award
shall be made available to the public.
(9) Written Justification Statements. The
division shall issue a statement justifying the ranking of the firm with which
fee negotiation was successful.
Notes
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