Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO: KRS 45A.800-45A.835, 23 C.F.R. 172, 23 U.S.C. sec. 112(b)(2)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 45A.807(2) requires
the Transportation Cabinet to promulgate administrative regulations to
implement its procurement of engineering services pursuant to KRS 45A.800 to
45A.835. This administrative regulation establishes the procedure to be used by
the Transportation Cabinet for issuing public notice of the need for
engineering or engineering-related services in accordance with KRS 45A.800 to
45A.835.
Section 1. Preparation of a
Procurement Bulletin.
(1) If the
Transportation Cabinet has need of engineering or engineering-related services,
it shall prepare a procurement bulletin announcing its intentions.
(2) A procurement bulletin prepared by the
cabinet shall include a request for proposal for each project anticipated being
contracted during a specified period of time. The request for proposal shall
include the following:
(a) The general scope
of the project as provided by the user division;
(b) A discussion of procedures to follow for
submission of a proposal on the project;
(c) An anticipated project schedule as
provided by the user division;
(d)
Any requirements for DBE utilization;
(e) Deadline for filing a response;
(f) The evaluation factors and their relative
weights on which a response shall be evaluated by the Selection
Committee;
(g) A timetable for the
selection committee's meetings for the project;
(h) A list of all firms prequalified pursuant
to 600 KAR 6:040 in each applicable category as of the date of the
bulletin;
(i) A list of the firms
prequalified pursuant to 600 KAR 6:040 and certified as a DBE as of the date of
the bulletin;
(j) If established in
advance by the State Highway Engineer, the maximum fee for consultant services
for the project;
(k) If
appropriate, the item numbers from the "six (6) year plan"; and
(l) The items required by KRS 45A.825(2)(b).
(3) A
copy of the procurement bulletin shall be made available to each firm
prequalified in a category to perform engineering or engineering-related
services for the cabinet.
(4) The
procurement bulletin may require the initial solicitation of a complete work
price and qualification proposal.
(5) A procurement bulletin for statewide
engineering or engineering-related services may specify that more than one (1)
firm may be selected to provide the services requested in the
bulletin.
(6)
(a) The user division or office shall
recommend the evaluation factors and relative weights to the Transportation
Cabinet Secretary. Unless unique or particularly complex circumstances exist,
the evaluation factors shall be selected from the list established in this
paragraph. The Transportation Cabinet Secretary, or designee, shall approve the
evaluation factors and relative weighting placed on each of the factors that
appear in a procurement bulletin for selection of a professional firm for
engineering or engineering-related services. The evaluation factors shall
include the:
1. Relative experience of
professional personnel assigned to the project team with highway projects or
projects on another mode of transportation or intermodal transportation
projects for:
a. The Kentucky Transportation
Cabinet; or
b. Federal, local or
other state governmental agencies;
2. Capacity to comply with the project
schedule;
3. Past record of
performance on a project of similar type and complexity;
4. Project approach and proposed procedures
to accomplish the services for the project;
5. Location where the work will be
performed;
6. Special or unique
expertise;
7. Special or unique
equipment; and
8. Familiarity with
geographic areas and resources.
(b) The weighting of each factor shall be
published in the announcement for the specific project.
(7) In addition to publishing a procurement
bulletin, the cabinet may place an advertisement of the cabinet's need for
engineering or engineering-related services and availability of the procurement
bulletin in two (2) newspapers of general, multicounty circulation and one (1)
newspaper which has minorities as its targeted readership.
Section 2. Response to Procurement Bulletin.
(1) A prequalified firm responding to a
procurement bulletin for engineering or engineering-related services shall
submit to the Division of Program Performance the number of copies of a
completed Response to Kentucky Transportation Cabinet's Announcement for
Engineering and Engineering-related Services as specified in the procurement
bulletin.
(2) A firm or proposed
subconsultant that is not prequalified in the specified areas of
prequalification prior to the response due date published in the announcement
of the need for engineering or engineering-related services for a particular
project, shall not be considered for selection.
(3)
(a) The
Director, Division of Program Performance, or designee,, shall certify the list
of firms that responded to the procurement bulletin in a timely manner to the
appropriate Professional Engineering Services Selection Committee.
(b) A response received after the deadline
shall be returned to the firm and shall not be listed for consideration to
perform the project.
(c) A response
received with fewer copies of the response than required by subsection (1)(a)
of this section shall be returned to the firm and shall not be listed for
consideration to perform the project.
(d) The list of responses to the procurement
bulletin shall be confidential until the contract is negotiated and the
Division of Program Performance or designee receives notification indicating
that the LRC Government Contract Review Committee has received the contract and
project information for review as set forth in 600 KAR 6:070.
Section 3.
Incorporation by Reference.
(1) "Response to
Kentucky Transportation Cabinet's Announcement for Engineering and
Engineering-related Services", May 2006 edition, is incorporated by
reference.
(2) This material may be
inspected, copied, or obtained, subject to applicable copyright law, at the
division of Program Performance, 200 Mero Street, Frankfort, Kentucky 40622,
Monday through Friday, 8 a.m. and 4:30 p.m.
STATUTORY AUTHORITY: KRS 45A.807(2), 23 U.S.C. sec. 112(b)(2), 23 C.F.R. 172(1)