(a)

1. (1) All selection processes involving the design professional, contractor, or contract manager shall be made in accordance with 22 CAR § 112-701 et seq.
2. (2) See also 22 CAR §§ 111-1703 and 111-1704 for the design professional selection process.

(b)

1. (1) The preselection committee shall consist of five (5) members.
2. (2) The Director of the Building Authority Division shall determine the two (2) members from the Building Authority Division and the department secretary shall determine the three (3) members of the department.
3. (3) Under no circumstances shall the agency preselection or selection committee members consist of a supervisor (direct or indirect) of another member on the selection committee.

4. (4)

   1. (A) Additionally, supervisors shall not attend any preselection or selection meetings.
   2. (B)

(i) A request for proposals (RFP) shall be made in accordance with 22 CAR § 112-701 et seq.

1. (ii) The department shall prepare all RFPs.

   1. (iii) The Building Authority Division shall approve the draft of the RFP prior to its publication.

      1. (iv) RFPs for contractor’s services shall have a statement if the federal prevailing wage applies.

   2. (C)

      1. (i) The preselection team shall meet at a designated time and place to review the proposals.
      2. (ii) No more than five (5) applicants shall be selected for interview.
      3. (iii) The department may interview less than five (5) applicants only if there are less than five (5) responsive proposals.
      4. (iv) If less than five (5) responsive proposals are received, the department should interview all responsive applicants.
      5. (v) The department shall notify the finalists within five (5) business days of the selection determination.
      6. (c)
2. (1) The final selection committee shall consist of three (3) members of the department as determined by the department secretary.
3. (2) The department shall notify the Building Authority Division and the finalists of the time and date the final selection interviews will be held.
4. (3) The department shall notify the successful finalist within five (5) business days.

5. (4) The Building Authority Division may attend the final selection meeting but may not vote in the matter.

   1. (d) The state reserves the right to reject any and all proposals and to waive any formality in the negotiation and award process.

(e)

1. (1) Once the final selection is determined, the department may begin to enter final negotiations with the successful finalist.
2. (2) Nothing shall prohibit the agency from entering into negotiations with other finalists if final negotiations are not successful.

(f) Before the Building Authority Division may approve any contracts:

1. (1) The contractor, engineer, architect, or construction manager shall be licensed in accordance with 22 CAR § 111-105 and 22 CAR § 112-701;
2. (2) Contract documents shall be reviewed in accordance with all related laws and rules and the Building Authority Division Division 00 requirements and 22 CAR § 111-707;
3. (3) The contractor or contract manager (refer to 22 CAR § 112-316) shall submit a performance and payment bond or bonds;
4. (4) Insurance amounts and procedures shall be in accordance with 22 CAR § 112-319; and
5. (5) All disclosure statements and certifications required by Arkansas law and rule must be received.