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 or final lists and to determine their order on the final list or
final lists 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
weight 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 or final lists and their order on the final list or
final lists, the selection committee shall select the persons for the final
list or final lists and rank the persons on the final list or final lists in
order of preference. If the procurement is for multiple contracts for different
specified professional services to be awarded to separate persons, and if a
person submitted qualifications for more than one type of specified
professional services, the person may be on more than one final list.
C. Before or at the same time as the school
district notifies the highest ranking person on the final list or final lists
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:
1. If interviews were held, the other persons
interviewed.
2. If interviews were
not held, the other persons that made submittals.
D. The school district shall conduct
negotiations with persons on the final list or final lists as follows:
1. The school district shall negotiate a
contract with the highest qualified person for the required specified
professional services at compensation determined in writing to be fair and
reasonable to the school district. Contract negotiations shall be directed
toward:
a. Making certain that the person has
a clear understanding of the scope of the work, specifically, the essential
requirements involved in providing the required services;
b. Determining that the person will make
available the necessary personnel and facilities to perform the services within
the required time; and
c. Agreeing
upon compensation that is fair and reasonable.
2. 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 specified professional services to
be rendered.
3. 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.
4. If the procurement is for multiple
contracts for specified professional services to be awarded to a single person
on the final list, 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.
5. If the procurement is for multiple
contracts for similar specified professional 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.
6. If the procurement is for multiple
contracts for different specified professional services to be awarded to
separate persons, there is a separate final list for each type of specified
professional services and the school district shall enter into separate
negotiations for contracts with the number of the highest qualified persons on
each 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 applicable 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.
7. 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 specified professional services covered by the final
list with any person with whom the school district terminated
negotiations.