Current through Register Vol. 30, No. 38, September 20, 2024
A. If interviews are specified in the request
for qualifications:
1. The selection
committee shall determine the persons to be interviewed by evaluating the
statements of qualifications and performance data submitted based solely on the
selection criteria and relative weights in the request for qualifications to be
used to determine the persons to be interviewed.
2. If the selection criteria and relative
weights to be used by the selection committee to select the persons on the
final list and to determine their order on the final list are not included in
the request for qualifications:
a. Before the
interviews are held the school district shall distribute to the persons to be
interviewed the selection criteria and relative weights to be used to select
the persons on the final list and to determine their order on the final
list.
b. These selection criteria
and relative weights may be different than the selection criteria and relative
weight used to determine the persons to be interviewed.
3. The selection committee shall conduct
interviews with the number of persons specified in the request for
qualifications.
B. Based
solely on the selection criteria and relative weights for selection of the
persons on the final list and their order on the final list, the selection
committee shall select the persons for the final list and, in the case of a
final list for a contract that will be negotiated under subsection (D), rank
the persons in order of preference.
C. The school district shall make the
following notifications regarding the final lists:
1. If the contract will be negotiated under
subsection (D) before or at the same time as the school district notifies the
highest ranking person on the final list that it is the highest ranking person,
the school district shall send actual notice to each of the following that it
is not the highest ranking person or that another person is the highest ranking
person:
a. If interviews were held, the other
persons interviewed.
b. If
interviews were not held, the other persons that made submittals.
2. If the contract will
be awarded under
R7-2-1111,
before or at the same time as the school district notifies the persons on the
final list that they are on the final list, the school district shall send
actual notice to each of the following persons that they are not on the final
list or that other persons are on the final list:
a. If interviews were held, the other persons
interviewed.
b. If interviews were
not held, the other persons that made submittals.
D. The school district shall
conduct negotiations with persons on the final list as follows:
1. The negotiations shall include
consideration of compensation and other contract terms that the school district
determines to be fair and reasonable to the school district. In making this
decision, the school district shall take into account the estimated value, the
scope, the complexity and the nature of the construction services to be
rendered.
2. If the procurement is
for a single contract, there is one final list and the school district shall
enter into negotiations with the highest qualified person on the final list. If
the school district is not able to negotiate a satisfactory contract with the
highest qualified person on the final list, at compensation and on other
contract terms the school district determines to be fair and reasonable, the
school district shall formally terminate negotiations with that person. The
school district shall then undertake negotiations with the next most qualified
person on the final list in sequence until an agreement is reached or a
determination is made to reject all persons on the final list.
3. If the procurement is for multiple
contracts for similar job-order-contracting construction services to be awarded
to separate persons, there is one final list and the school district shall
enter into separate negotiations for contracts with the number of the highest
qualified persons on the final list equal to the number of contracts to be
awarded. If the school district is not able to negotiate a satisfactory
contract with a person with whom the school district has commenced
negotiations, the school district shall formally terminate negotiations with
that person. The school district shall then undertake negotiations for a
contract with the next most qualified person on the final list with whom the
school district is not then negotiating and with whom the school district has
not previously negotiated in sequence until an agreement is reached for some or
all of the multiple contracts included in the request for qualifications or a
determination is made to reject all persons on the final list.
4. If the school district terminates
negotiations with a person and commences negotiations with another person on
the final list, the school district shall not recommence negotiations or enter
into a contract for the construction services covered by the final list with
any person with whom the school district terminated negotiations.