(a)

1. (1) Departments’ whose funds have been appropriated by the General Assembly to the department or appropriated to the Building Authority Division for specific buildings within Pulaski County shall have the responsibility for selecting the design professional.
2. (2) Any questions regarding the interpretation of this method should be directed to the Design Review Section.

(c)

1. (1) Departments desiring to enter into professional services agreements where the contemplated fee, exclusive of reimbursable expenses, does not exceed fifty thousand dollars ($50,000), may utilize a purchase order for these services in accordance with Arkansas Code § 19-11-1012(b)(9)(A).
2. (2) Departments may enter into such purchase order agreements without prior approval of the division.

(d)

1. (1) Departments desiring to enter into a professional services agreement wherein the contemplated fee, exclusive of reimbursable expenses, is more than twenty thousand dollars ($20,000) but less than seventy-five thousand dollars ($75,000), may solicit qualifications from three (3) or more qualified providers without division approval.
2. (2) Departments should review Arkansas Code § 19-11-801 before initiating the process.

3. (3) The following is the recommended process:

   1. (A) Issue a letter of request to the selected firms describing the nature of the services desired, the description of the project contemplated, and require interested parties to submit a statement of qualifications and or pertinent information;
   2. (B) Form a selection committee to evaluate the qualifications of the respondents and select the firm or individual to negotiate with;
   3. (C)

(i) Should negotiations for a fee of less than seventy-five thousand dollars ($75,000) fail, departments may approach their next selection and initiate negotiations.

1. (ii) If negotiations are unsuccessful with all respondents, the department should determine to terminate the selection process and either reevaluate the scope of services required and begin this process over or move to the formal selection process described in this part;

   1. (D) While these agreements seventy-five thousand dollars ($75,000) or less are not submitted to the division for prior approval, departments must report the agreements to the Office of State Procurement in accordance with their rules; and

   2. (E)

      1. (i) While division approval is not required for contracts fifty thousand dollars ($50,000) or less, departments can make a written request for division assistance in the selection process.
      2. (ii) See 22 CAR § 111-103 on the process of written requests.

(g)

1. (1) Departments desiring to enter into a sole-source professional services agreement wherein the contemplated fee, exclusive of reimbursable expenses, exceeds five thousand dollars ($5,000) shall follow the procedures established by the office.
2. (2) Upon office approval of a contract which exceeds fifty thousand dollars ($50,000) in fees (excluding reimbursables), the department shall attach a copy of the justification and approval to the contract when submitting for division review.