1. (a) After the response period, if the receiving department decides to proceed, it shall take one (1) of the following actions:

   1. (1)

      1. (A) For design professional type services or single project contracts wherein the estimated construction cost is less than one million dollars ($1,000,000), pursuant to Arkansas Code §§ 19-11-801 — 19-11-805, departments may select a design professional from annual statements of qualifications on file with the department.
      2. (B)

2. (i) Nothing in this policy shall prohibit a department from conducting an individual solicitation for on-call services or single projects regardless of estimated cost.

   1. (ii) Departments shall issue a public notice of their intent to solicit annual statements of qualifications and performance data from interested design professionals in accordance with 22 CAR § 111-104.

      1. (iii) Departments shall maintain qualifications received on file for a period of not more than twelve (12) months after closing date of solicitation.

         1. (iv)
3. (a) (a) When a department has a need for design professional services, the department shall notify the Design Review Section of the need and the type of services desired.

4. (b) (b) The department shall select no less than three (3) qualified firms or individuals from the qualifications on file and shall submit the names of the firms or individuals selected for consideration to the Design Review Section.

   1. (v)
5. (a) (a) The Design Review Section shall review the list of consultants and the scope of the services desired to determine that the correct type of design professionals are being considered.

6. (b) (b) Upon a favorable determination, the Design Review Section will issue a letter of authorization and the department may then proceed with the selection process.

   1. (c) (c) The Design Review Section may request additional information as necessary to conduct this review.

      1. (vi)
7. (a) (a) Departments shall evaluate the qualifications of the consultants and select the best qualified candidate capable of providing the desired services and negotiate a contract.

8. (b) (b) The department shall conduct oral interviews of all selected candidates prior to making the final selection.

   1. (vii)
9. (a) (a) Departments shall initiate a contract with the design professional and then submit it to the Office of State Procurement for review, approval, and processing.

10. (b) (b) Prior to final approval, the office submits contracts and amendments for the Design Review Section to review which are under its jurisdiction.

    1. (c) (c) The department may request the assistance of the Design Review Section in the negotiation phase of the contract development; or

    2. (2)

       1. (A) For project-specific contracts wherein the estimated construction cost is over one million dollars ($1,000,000) per project, departments shall select design professionals from qualifications received from a specific public notification of request for qualifications.

       2. (B)

          1. (i) The department shall convene the Preliminary Selection Screening Committee.
          2. (ii) The Preliminary Selection Screening Committee shall be composed of no less than three (3) members from the department desiring design professional services.
          3. (iii) It is recommended that members should have subject matter experience or expertise in the areas the project will affect, and/or financial management, contracting, or experience managing construction or design professional services contracts.

       3. (C)

          1. (i) The Preliminary Selection Screening Committee shall meet at a designated time and place and review all responses.
          2. (ii) There shall be no more than five (5) finalists selected.
          3. (iii) A minimum of three (3) finalists may be selected for smaller, low budget projects (under five million dollars ($5,000,000)).
          4. (iv) The department may request the assistance of the Design Review Section during the selection process.
          5. (v) If requested, a Design Review Section representative will be assigned to the Preliminary Selection Screening Committee to guide the Preliminary Selection Screening Committee through the process but shall not vote.
          6. (vi) If five (5) or less firms (three (3) or less for smaller projects) respond, the department may submit a written request to the Design Review Section for a waiver from the preselection process provided the department agrees to interview all firms that responded.
          7. (vii) If only one (1) firm responded, the department may:
11. (a) (a) Submit a written request to the Design Review Section for a waiver of the preselection and interview process; and

12. (b) (b) Begin negotiations with the firm that responded to the advertisement.

    1. (viii) The department may also request authorization to begin the selection process over.

       1. (ix) Nothing shall prohibit an agency from interviewing more than the initial five (5) finalists, if the department determines that is in its best interest and receives written approval of the Design Review Section.

       2. (D) Upon completion of the preselection process, the Preliminary Selection Screening Committee chairperson shall complete the Design Professional Selection Tracking Form and return it to the Design Review Section with the following information:

          1. (i) List of all responses received;
          2. (ii) List of respondents selected for evaluation;
          3. (iii) List of respondents selected for interview; and
          4. (iv) List of Preliminary Selection Screening Committee members.
       3. (E) Within three (3) working days, the department shall notify all responding applicants by mail of the selection results, naming the finalists selected for interview.

       4. (F)

          1. (i) The Final Selection Screening Committee shall be made up of the Preliminary Selection Screening Committee.
          2. (ii) While it is recommended that no substitution of members of the Final Selection Screening Committee occur, if more than three (3) members served on the Preliminary Selection Screening Committee, departments may reduce the number to a minimum of three (3) members.

       5. (G)

          1. (i) The final selection shall be made by the department following the interviews and oral presentations from the finalists selected by the Preliminary Selection Screening Committee.
          2. (ii) Finalists shall be notified of the time and location of the interview at least ten (10) days in advance of .
          3. (iii) Exception. Allow fifteen (15) working days for projects that are large or complex and that may require the services of an out-of-state design or consultant firm.

       6. (H)

          1. (i) Each finalist shall be given a specific time to make their presentation and a time schedule to follow.
          2. (ii) The order of presentations shall be determined by random drawing during the preselection process.

       7. (I)

          1. (i) Preliminary designs or suggested designs shall not be permitted during the selection process and shall be grounds for disqualification.
          2. (ii) However, audio/video presentations and boards may be used to help communicate so the firm understands the nature of the proposed project and unique design challenges that may be encountered.
       8. (J) Nothing in this subchapter shall be construed to prohibit a Building Authority Division representative from attending any preselection or final selection proceeding for the purposes of auditing the process.

       9. (K)

          1. (i) The department shall forward the name of the design professional selected to the Design Review Section within two (2) working days after the final selection is approved by the department.
          2. (ii) This notification becomes part of the permanent record and the department shall notify all finalists of the interview results.
          3. (iii) Upon notification to the selected design professional, the department shall:
13. (a) (a) Initiate a contract with the design professional; and

14. (b) (b) Submit it to the office for review, approval, and processing.

    1. (iv) The office shall forward the contracts and amendments subject to division review to the Design Review Section.

       1. (v) Departments may request the assistance of the Design Review Section in the negotiation phase of the contract development.

15. (b)

    1. (1) Departments shall be responsible for maintaining a complete record of the selection process from initiation through execution of the contract and contract closeout.
    2. (2) This record shall include copies of all qualifications, scoring, notes, and correspondence, including the firms not selected for consideration.

    3. (3) The division is responsible for maintaining documents or copies thereof which have been submitted in the approval process.

       1. (c)

    4. (1) At the conclusion of the selection process, the department shall submit to the Design Review Section:

       1. (A) A CD or portable electronic device containing a copy of the initial request to begin the selection process;
       2. (B) Design Review Section letter of authorization to proceed;
       3. (C) The advertisement publication (tear sheet);
       4. (D) A copy of the RFQ documents;
       5. (E) One (1) complete copy of each respondent’s qualification package received;
       6. (F) A copy of the completed division tracking form; and
       7. (G) Copies of all letters of notification.
    5. (2) The professional services contract may not be approved until receipt of this information.
    6. (3) To facilitate tracking, the contract shall reference the assigned RFQ number.
    7. (4) The CD submitted to the division should be labeled with the RFQ number and project name or type of services requested.

Codification Notes: "CD" means compact disc. "RFQ" means request for qualifications.