Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO: KRS 45A.800-45A.835, 45A.838, 23 C.F.R. 172, 23 U.S.C. 112, 121, 304, 315
NECESSITY, FUNCTION, AND CONFORMITY: KRS 45A.838 requires the
Transportation Cabinet to promulgate administrative regulations relating to the
establishment and operation of a pool of firms to provide professional contract
services. This administrative regulation establishes the procedure to be used
by the Transportation Cabinet if pooling firms as it relates to engineering or
engineering-related services.
Section
1. Project Types Utilizing Pooling of Engineering or
Engineering-related Services.
(1) The
following project types shall utilize a pool of firms to provide the
engineering or engineering-related services:
(a) Transportation planning;
(b) Structure design;
(c) Aeronautics;
(d) Traffic engineering;
(e) Environmental services;
(f) Geotechnical services;
(g) Bridge maintenance services;
(h) Construction engineering
services;
(i) Multimodal;
(j) Road design; and
(k) Similar highway related
services.
(2)
(a) The use of a consultant pool for a road
design project shall be limited to ten (10) percent of the total number of road
design projects advertised for engineering or engineering services in the prior
fiscal year.
(b) The total design
fees for road design projects shall not exceed $2,000,000 in a fiscal
year.
Section
2. Procedures and Criteria for Qualifying and Selecting Pooled
Firms.
(1) The cabinet shall notify a
prequalified firm of the establishment of an individual pool by posting a
procurement bulletin on the cabinet's Web page.
(2) To be considered for selection in a pool,
a firm shall submit a completed "Response to Kentucky Transportation Cabinet's
Announcement for Engineering and Related Services", which shall be received by
the date listed on the advertised procurement bulletin.
(3) The remainder of the selection process
shall proceed according to KRS 45A.800 through 45A.835.
Section 3. Project Assignment for Pool Firms.
(1)
(a) A
selected firm shall be placed in the pool.
(b) A firm name shall be:
1. Randomly drawn from the pool;
and
2. Listed in consecutive
order.
(c) A project
shall be offered to the firm on a rotating basis.
(d) A firm shall not be offered an additional
project until the remaining firms on the list have been offered a
project.
(2) If a firm
declines to accept a project, that firm shall not be eligible to accept another
project until the remaining firms on the list have been offered a
project.
(3) If a firm declines a
project or does not respond to an invitation to perform services for a project
within seven (7) working days of the dated notification letter, documentation
shall be placed in the project files and the next firm on the list shall be
offered the project.
Section
4. Projects Grouped by Geographic Area.
(1) The selection committee shall assign
projects which are grouped based on geographical areas.
(2) The geographical area of the project
shall be:
(a) Included in the advertisement
for services; and
(b) Defined by
the cabinet.
(3) The
selection committee shall assign a selected firm to a geographical
area.
Section 5.
Incorporation by Reference.
(1) "Response to
Kentucky Transportation Cabinet's Announcement for Engineering and 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 Transportation
Cabinet, Division of Program Performance, 200 Mero Street, Frankfort, Kentucky
40622, Monday through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY: KRS 45A.838
