Kentucky Administrative Regulations
Title 600 - TRANSPORTATION CABINET
Chapter 6 - Professional Engineering and Related Services
Section 600 KAR 6:060 - Professional Engineering and Engineering-Related Service Selection Committee
Universal Citation: 600 KY Admin Regs Service 6:060
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. 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 when selecting engineering or engineering-related services while implementing the provisions of KRS 45A.800 to 45A.835.
Section 1. Establishing a Professional Engineering and Engineering-related Services Selection Committee.
(1) A Professional Engineering and
Engineering-related Services Selection Committee shall be selected as set forth
in KRS 45A.810(5) and (6).
(2)
(a) The Transportation Cabinet Secretary, or
designee, shall annually request voluntary applications from the professional
engineering staff in the cabinet for availability to serve in the pool of six
(6) professional engineers required by KRS 45A.810(5)(a).
(b) The Transportation Cabinet Secretary, or
designee, shall review all applications from which the secretary shall appoint
six (6) professional engineers to serve in the pool for a period of one (1)
year.
(c) The six (6) appointees
shall meet the requirements established in KRS 45A.810(5)(a).
(d) A person serving on the Professional
Engineering and Engineering-related Services Selection Committee from this pool
shall not be eligible to serve on the same selection committee as a
representative of a user division as specified by KRS 45A.810(5)(b).
(3)
(a) The director of the user division
responsible for monitoring the professional services shall appoint two (2)
professional engineers from either the user division or the same functional
area from the highway district offices where the project is located in
accordance with KRS 45A.810(5)(b).
(b) If the user division does not have two
(2) professional engineering merit employees or if the services in the
announcement are for nonengineering but related services, the director shall
appoint two (2) employees who have familiarity and experience related to the
services that are being contracted.
(c) The director may appoint himself or
herself to the committee.
(d) If
the cabinet is procuring engineering or engineering-related services in
conjunction with another agency or governmental entity or state, that unit
outside the cabinet may be designated as a co-user division and be eligible to
appoint one (1) member of the selection committee.
(4) An employee of the cabinet shall not
involuntarily serve as a member of a Professional Engineering and
Engineering-related Services Selection Committee.
(5) Each member of a Professional Engineering
and Engineering-related Services Selection Committee shall complete, sign, and
return to the committee the following forms:
(a) Form TC 40-9E, Certification of
Understanding of Restrictions for Members of Professional Engineering and
Engineering-related Services Selection Committee;
(b) Form TC 40-6, "Ex Parte"
Disclosure;
(c) Form TC 40-4,
Certification of Confidentiality; and
(d) Form TC 40-10, Certification of
Conformity with Procurement Process.
(6)
(a) If
the individual, randomly selected to serve on a selection committee in
accordance with KRS 45A.810(5)(c), is an employee of a consulting firm, that
consulting firm shall not be considered for a project which is reviewed by that
selection committee.
(b) If a firm
submitted a response under the circumstance identified in paragraph (a) of this
subsection, the firm's response for that project shall be returned by the
selection committee with a letter of explanation.
(7) After issuing approval to advertise for a
consultant to perform engineering or engineering-related services, the
secretary of the cabinet, or designee, shall establish a Professional
Engineering and Engineering-related Services Selection Committee for each
project.
(8) The Division of
Program Performance shall provide each Professional Engineering and
Engineering-related Services Selection Committee with the necessary
administrative and technical support and office supplies.
(9)
(a) Each
member of a Professional Engineering and Engineering-related Services Selection
Committee shall comply with the Executive Branch Code of Ethics established in
KRS Chapter 11A.
(b) Each member of
a selection committee shall comply with the cabinet's Official Order Number
102295 regarding conflicts of interest.
Section 2. Operation of a Professional Engineering and Engineering-related Services Selection Committee.
(1)
(a)
Meetings of a Professional Engineering and Engineering-related Services
Selection Committee shall be called by the Division of Program
Performance.
(b) The quorum for
meetings shall be three (3) of the five (5) voting members. Each quorum shall
include at least one (1) member appointed by the user division responsible for
monitoring the professional services.
(2) Subsequent meetings.
(a) If needed, a subsequent meeting of a
Professional Engineering and Engineering-related Services Selection Committee
shall be called:
1. By the chairperson at a
mutually convenient time; or
2.
Upon a consensus of three (3) of the five (5) voting members of the selection
committee.
(b) A motion
or decision of the selection committee shall require a simple majority
affirmative vote of all members present for passage.
(c) Voting by proxy shall not be
allowed.
(3)
(a) The Professional Engineering and
Engineering-related Services Selection Committee shall give fair and impartial
consideration to each response certified in accordance with KRS 45A.825(5).
(b) The selection
committee shall utilize the evaluation factors and weights indicated in the
announcement for each project to screen each certified firm response.
(c) Prior to the selection committee
determining the three (3) most qualified firms, each voting selection committee
member shall review all certified responses and preliminarily evaluate and
numerically rate each firm using the weighted evaluation factors that appeared
in the procurement bulletin.
(4) In an executive session pursuant to the
requirements established in subsections (5) through (13) of this section, the
selection committee shall determine the three (3) best qualified firms and
develop a ranking of the three (3) by considering the weighted evaluation
factors that appeared in the procurement bulletin.
(5)
(a) Each
committee member shall list the three (3) firms he or she ranked
highest.
(b) Each firm included in
a list prepared by a committee member shall be placed on the short list of
firms.
(6)
(a) All firms included on the short list
shall be individually discussed by the committee with regard to their
qualifications, the quality of their proposals, and the evaluation
factors.
(b) Each committee member
shall be given the opportunity to provide insight into the reasons for
selecting or not selecting each firm for the project.
(c) A firm shall be eliminated from further
consideration by consensus of the selection committee members.
(7)
(a) Each firm remaining under consideration
after the discussion period established in subsection (6) of this section shall
be individually ranked by the committee members using secret ballots.
(b) A new listing of short-listed firms based
on the composite rankings of the secret ballots shall be discussed by the
selection committee.
(c) A firm
shall be eliminated from further consideration by consensus of the selection
committee members.
(8)
If at the end of the process established in subsection (7) of this section,
more than three (3) firms remain under consideration, the process established
in subsection (7) of this section shall be repeated until three (3) firms
remain for consideration by the selection committee.
(9) Each of the three (3) firms identified in
subsection (8) of this section shall be individually ranked by the committee
members using secret ballots.
(10)
(a) Unless there is a tie between two (2) of
the firms, the results of subsection (9) of this section shall determine the
ranked order of the three (3) best qualified firms.
(b) If there is a tie ranking and if one of
the firms has indicated that more of its work tasks will be performed in
Kentucky, that firm shall be ranked higher than the other with which it had
tied.
(c) If there is a tie ranking
and if the work tasks to be performed in Kentucky are equal, the selection
committee shall again perform the functions established in subsection (7) of
this section until the tie is broken.
(11) If the selection committee elects, it
may interview a responding firm to aid in its determination of the best
qualified firm.
(12) For a
selection committee review involving statewide services advertised in
accordance with Section 1(5) of 600 KAR 6:050, the committee shall rank:
(a) The top three (3) firms; or
(b) If more than three (3) firms are
specified in the procurement bulletin, the number of firms specified in the
bulletin.
(13) The
evaluations and ratings of the individual selection committee members shall be
considered preliminary and confidential working documents and shall not be
available to the public.
(14)
(a) The Chairperson of the Professional
Engineering and Engineering-related Services Selection Committee shall notify
the Director of the Division of Program Performance, or designee, of the firms
determined by the committee to be the three (3) best qualified and the order of
their ranking.
(b) The Division of
Program Performance shall send the letters required in KRS 45A.825(7)(c).
(c) The Division of
Program Performance shall immediately notify by letter the top-ranked firm of
its selection for the advertised project.
Section 3. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Certification of Understanding
of Restrictions for Members of Professional Engineering and Engineering-Related
Services Selection Committee", Form TC 40-9E, effective April 2006;
(b) "Ex Parte" Disclosure, Form TC 40-6,
effective September 1998;
(c)
"Certification of Confidentiality", Form TC 40-4, effective September
1998;
(d) "Certification of
Conformity with Procurement Process", Form TC 40-10, effective January 1997;
and
(e) The Transportation
Cabinet's Official Order Number 102295 regarding Conflict of Interest, June 15,
2004 edition.
(2) This
material may be inspected, copied, or obtained, subject to applicable copyright
law, at the Division of Program Performance, Transportation Cabinet Office
Building, 200 Mero Street, Frankfort, Kentucky 40622, Monday through Friday, 8
a.m. to 4:30 p.m.
STATUTORY AUTHORITY: KRS 45A.807(2), 23 C.F.R. 172(1), 23 U.S.C. 112(b)(2)
Disclaimer: These regulations may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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