Current through Register Vol. 30, No. 38, September 20, 2024
A. Specified professional services, which is
defined in
R7-2-1001(120),
as services of an architect, engineer, land surveyor, assayer, geologist and
landscape architect, shall be procured as provided in R7-2-1117 through
R7-2-1123,
except as authorized in
R7-2-1033,
R7-2-1053,
R7-2-1055,
and
R7-2-1122.
B. Prior to public notice of the need for
specified professional services, the school district shall determine that the
services to be acquired are specified professional services.
C. In the procurement of specified
professional services:
1. The school district
shall specify whether the procurement is for a single contract or for multiple
contracts. Multiple contracts may be awarded to separate persons or may be
awarded to a single person as specified in the request for
qualifications.
2. The school
district and the selection committee shall not request or consider fees, price,
man-hours or any other cost information at any point in the selection process
under this Section and
R7-2-1120
or
R7-2-1121,
including the selection of persons to be interviewed, the selection of persons
to be on the final list, in determining the order of preference of persons on a
final list or for any other purpose in the selection process except as provided
in
R7-2-1121.
3. In determining the persons to participate
in any interviews, in determining the persons to be on the final list, and in
determining the order on the final list, the selection committee shall use and
consider only the criteria and weighting of criteria in the request for
qualifications. No other factors or criteria may be used in the evaluation,
determinations and other actions.
4. If the school district enters into the
number of contracts specified in the request for qualifications, the
procurement ends. After that time the school district may not use the
procurement or any final list in the procurement as the basis for entering into
a contract with any other person that participated in the
procurement.
5. Notwithstanding any
other provision specifying the number of persons to be interviewed, the number
of persons to be on a final list, or any other numerical specification in this
Section or
R7-2-1121:
a. If a smaller number of persons respond to
the request for qualifications or if one or more persons drop out of the
procurement so that there is a smaller number of persons participating in the
procurement, the school district, as the school district determines necessary
and appropriate, may elect to proceed with the participating persons if there
are at least two participating responsive and responsible persons.
Alternatively, the school district may elect to terminate the
procurement.
b. As to a request for
qualifications to be negotiated pursuant to
R7-2-1121(D),
if only one responsive and responsible person responds to the request for
qualifications, or if one or more persons drop out of the procurement so that
only one responsive and responsible person remains in the procurement, the
school district may elect to proceed with the procurement with only one person
if the governing board determines in writing that the negotiated fee is fair
and reasonable and that either other prospective persons had reasonable
opportunity to respond or there is not adequate time for a
resolicitation.
c. If a person on
the final list withdraws or is removed from the procurement and the selection
committee determines that it is advantageous to the school district, the
selection committee may replace that person on the final list with another
person that submitted qualifications in the procurement and that is selected as
the next most qualified.
D. The request for qualifications shall:
1. Provide instructions and information to
persons concerning the statement of qualifications submission requirements,
including the due date and time for receipt of statements of qualifications,
the address of the office at which the statements of qualifications are to be
received, and any other special information.
2. State whether one contract or multiple
contracts may or will be awarded.
a. If one
contract will be awarded, state that one contract may or will be awarded,
describe the services to be performed under the contract and state that one
person may or will be awarded the contract.
b. If multiple contracts may or will be
awarded, state the number of contracts that may or will be awarded, the
services to be performed under each of the multiple contracts, and either that
each contract will be awarded to a separate person or that all of the contracts
will be awarded to the same person.
3. State the number of persons to be included
on the final list.
a. If a single contract
will be awarded, state that there will be a single final list of at least three
and not more than five persons.
b.
If multiple contracts will be awarded to a single person, state that there will
be a single final list of at least three and not more than five
persons.
c. In a procurement for
multiple contracts for similar specified professional services to be awarded to
separate persons, state that there will be a single final list and the number
of persons on the final list, which shall be the sum of the number of contracts
that may or will be awarded plus another number that is determined by the
school district and that is not more than five.
d. If multiple contracts for different
specified professional services will be awarded to separate persons, state that
there will be a separate final list for each type of specified professional
services and that the number of persons on each final list will be equal to the
number of contracts that may or will be awarded for each type of specified
professional services plus a number determined by the school district not to
exceed five.
4. State the
selection criteria and relative weight to be used. All selection criteria shall
be factors that demonstrate competence and qualifications for the type of
specified professional services included in the procurement.
a. If interviews will be held, state the
selection criteria and relative weights to be used in selecting the persons to
be interviewed. The request for qualifications may state the selection criteria
and relative weights to be used in selecting the persons on the final list and
in determining their order on the final list. The final list selection criteria
and relative weights may be different than the selection criteria and relative
weights used to determine the persons to be interviewed. The request for
qualifications also shall state whether the school district will select the
persons on the final list and their order on the final list solely through the
results of the interview process or through the combined results of both the
interview process and the evaluation of statements of qualifications and
performance data submitted in response to the request for
qualifications.
b. If interviews
will not be held, state the selection criteria and relative weights to be used
in selecting the persons on the final list and in determining their order on
the final list.
5. State
whether interviews will be held.
a. If a
single contract will be awarded, state that there will be interviews with at
least three and not more than five persons.
b. If multiple contracts will be awarded to a
single person, state that there will be interviews with at least three and not
more than five persons.
c. In a
procurement for multiple contracts for similar specified professional services
to be awarded to separate persons, state that interviews will be held and that
the interviews will be with a specified number of persons. The specified number
shall be stated in the request for qualifications, shall be determined by the
school district and shall be the sum of the number of contracts that may or
will be awarded, plus another number that is determined by the school district
and that is not more than five.
d.
If multiple contracts for different specified professional services will be
awarded to separate persons, state that interviews will be held and that the
interviews will be with a specified number of persons. The specified number
shall be stated in the request for qualifications, shall be determined by the
school district, shall be at least three times the number of contracts that may
or will be awarded and shall not be more than five times the number of
contracts that may or will be awarded.
6. The name of the district representative or
district representatives and the publicly available location of the school
district's protest policy or procedure.
7. Notice that all information and statements
of qualifications submitted by persons will be made available for public
inspection after the school district has entered into a single contract or all
of the multiple contracts.
E. Statements of qualifications shall be
received and opened in accordance with
R7-2-1045.
Late statements of qualifications, late modifications, or late withdrawals
shall be considered in accordance with
R7-2-1044
and
R7-2-1049.
F. A copy of the request for qualifications
shall be made available for public inspection at the school district
office.