1. A. A comprehensive file for all consultants interested in and capable of performing architectural, engineering, and land surveying services for the state shall be maintained by the Office of Public Affairs. These files shall include a completed application form, a resume of the consultant's staff and capability, completed performance evaluation form for past projects on which the consultants provided professional services, and a list of past contracts with this state. A performance evaluation shall be completed within thirty (30) days after final acceptance of the project. A copy of the performance evaluation shall be sent to the consultant within a thirty-day period for review and comments, if any, and shall be incorporated in the file.

   The file shall include the mailing address of each firm.

   Any firm wishing to be a consultant for public work or "construction" as defined by the Public Building Construction and Planning Act may request at any time to be included in the comprehensive file, and must be so included within twenty (20) days of the request.

   The state may solicit evaluation of work done by consultants from members of the private sector, which evaluation shall be part of the comprehensive file.

2. B. The department shall define the scope of a proposed project, determine the various project components, phases and timetables, and prepare detailed project descriptions in cooperation with the Division to guide prospective consultants. Before the Division awards a contract for the construction, reconstruction or improvement of any state building, the plans must be approved by the department.

3. C. If the state intends to secure consultant services, all firms included in the file shall be notified through the mail of such intent. Such notification shall contain the following information:

   1. 1. Description and scope of the project or projects;
   2. 2. Estimated construction cost and time schedule for project;
   3. 3. Funds available, including federal, state or other participation;
   4. 4. Last date for submitting notice of interest in performing services to director; and

   5. 5. Other pertinent data.

      Consultants desiring consideration must meet the requirements of this act and to be considered must submit a letter to the department within thirty (30) days of the postmark date of the letter of notification mailed by the department. Consultants must have on file an application form not over twelve (12) months old. Provided however, the requirements of this subsection shall not apply to consultant contracts entered into by the Office of Public Affairs for the purpose of providing minor project design services to state agencies on a reimbursable basis. Any such consultant contracts shall not exceed one (1) year in duration and shall be written on a nonencumbered basis for not to exceed Twenty-five Thousand Dollars ($25,000.00) per consultant or consulting firm per year.

4. D. After expiration of the period for expression of interest, the Director of Public Affairs shall forward the applicants' files or extracts of the files to the department responsible for the project. The Director shall forward the files of those seeking to contract services for the project for all consultants to be considered. He may include such other data, information or comments that he thinks will be beneficial to the department. Should there be an inadequate expression of interest in the project, the contracting department and the Director shall confer to add additional consultants for consideration which are known to be appropriate for the project.

5. E. The department shall review the consultant files forwarded by the Board, and shall select no less than three and no more than five consultants for more detailed consideration. In the event interviews for more than one contract are being considered at the same time, the number of consultants selected for more detailed consideration should be at least twice the number of contracts contemplated. This initial screening should consider the requirements of the consultant interview evaluation sheet as well as the following factors to be determined from the consultant file, the department staff and replies to inquiries to former clients:

   1. 1. Specialized experience in the type of work contemplated;
   2. 2. Capacity of the consultant to accomplish the work in the required time; and

   3. 3. Past performance, from the performance evaluation form.

      Preference shall be given to firms whose principal place of business is located within the state.

6. F. A full report of the evaluation procedures and recommendations of the department shall be prepared by the department and submitted to the Office of the Governor for the independent review of the entire process.
7. G. The department shall negotiate the contract with the selected consultant, which contract shall include a fair and reasonable fee. The negotiated scope and fee shall be reported to the Board for the approval of the award of the consultant service contract. If the department and the first-choice consultant cannot reach an agreement, their negotiations shall be terminated and negotiations with the second-choice consultant shall commence. If the department and the second-choice consultant cannot reach an agreement, their negotiations shall be terminated and negotiations with the third-choice consultant shall commence. If the department and the third-choice consultant cannot reach an agreement, then all negotiations shall be terminated. Should the department be unable to negotiate a satisfactory contract with any of the three selected consultants, the department shall select additional consultants in order of their competency and qualifications and shall continue negotiations in accordance with the provisions of this section until an agreement is reached.

8. H. In the selection of a consultant to provide architectural, engineering, or land surveying services, all political subdivisions of this state may follow these procedures:

   The subdivision shall select a consultant based upon the professional qualifications and technical experience of the consultant. The subdivision shall negotiate a contract with the highest qualified consultant provided that a fee can be negotiated that is fair and reasonable to both parties. In the event a reasonable fee cannot be negotiated with the selected consultant, the subdivision may negotiate with other consultants in order of their qualifications.

Laws 1974, HB 1503, c. 156, § 2; Amended by Laws 1981, SB 327, c. 346, § 2, eff. January 1, 1982; Amended by Laws 1983, SB 305, c. 304, § 48, eff. January 1, 1984; Amended by Laws 1989, HB 1065, c. 300, § 14, emerg. eff. July 1, 1989.