Utah Admin. Code R850-11-300 - Professional or Legal Services
1. The
agency may from time to time request providers of professional or legal
services to submit a statement of qualifications containing information that
the agency deems relevant to the provider's ability to provide quality services
and the provider's hourly rates. At least once annually, the agency will
advertise statewide its intent to accept statements of qualifications, and will
maintain a list of qualified providers with approved rates.
2. The purpose of prequalification is to
provide the agency with basic information regarding providers for the agency's
convenience. The agency is not required to solicit each or any prequalified
provider for a particular service when it undertakes a procurement.
3. When the procurement of professional or
legal services is estimated to cost less than $50,000, the agency may select
the provider directly from either the list of providers who have submitted
annual statements of qualifications, or from other qualified providers if
necessary.
4. When the procurement
is estimated to exceed $50,000, a written request for proposal (RFP) shall be
prepared which describes the agency's requirements and sets forth the
evaluation criteria for the procurement. Consideration shall be given to
publishing the RFP in a newspaper of general circulation or otherwise
advertising the RFP to elicit additional responses from potential providers.
The agency shall select the provider offering, as determined in the discretion
of the director, the best combination of price, expertise, and other relevant
factors. The director shall make a written determination, supported by the
following reasons, that the selected provider is best qualified to provide the
particular services being procured by the agency:
(a) competence to perform the services as
reflected by technical training and education, general experience, experience
in providing the required services and the qualifications and competence of
persons who would be assigned to perform the services;
(b) ability to perform the services as
reflected by workload and the availability of adequate personnel, equipment,
and facilities to perform the services expeditiously;
(c) past performance as reflected by the
services of the firm with respect to factors such as responsiveness, control of
costs, quality of work, and an ability to meet deadlines; and
(d) a determination that the provider's fees
are reasonable.
5. The
agency may in its discretion issue contracts for professional or legal services
by competitive bid pursuant to
R850-11-400 or
R850-11-500 instead of utilizing the procedures in this section.
Notes
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