(amended April 2009 $1,000,000 to $2,000,000; $2,000,000
to $3,000,000 & added 400.6.b "Note" Dec 2013 SoS; 400.6 August
2016)
A. PROJECTS
LESS THAN $3,000,000
Projects containing an initial total project budget of up
to and including $3,000,000 may use the Request for Qualifications professional
selection process if the Bureau deems it necessary; however, it is not
mandatory. The selection process is normally as follows:
1. At the time of request for Project
Initiation or thereafter, the Executive Director, Commissioner, President,
Governing Board or their authorized designee for the Using Agency or
Institution requesting the Project, shall submit a list containing at least
three (3) Professionals for consideration for the design of the Project. If no
list is provided, or a list containing less than three (3) Professionals is
provided, the Bureau shall identify additional Professionals for which the
Bureau has a current M54 Architect-Engineer and Related Services
Questionnaire on file until a list of at least three (3) eligible is
established.
2. The Bureau shall
solicit a letter of interest from each listed Professional, including the
Professional's agreement to enter into a Bureau contract for the fee stipulated
for this Project if selected and a current M54 Architect-Engineer and
Related Services Questionnaire, and M55 Architect-Engineer
Related Services for Specific Project Questionnaire form. The
solicitation issued by the Bureau shall identify the scope of work as well as
criteria by which selection shall be made. Should one or more identified
Professionals fail to furnish a letter of interest, the Using Agency or
Institution shall be requested to identify additional potential Professionals
or the Bureau will identify additional Professional(s) until a list of three
(3) eligible is re-established. For projects where the Bureau determines that
scope of services make a fee based upon pre-defined percentage of construction
cost impractical or inappropriate, following selection based upon
qualifications only, the selected Professional shall be requested to provide a
detailed Proposal identifying proposed scope, deliverables, schedule, and cost.
The Proposal shall be reviewed by the Bureau and evaluated to determine if
services represent a fair and reasonable cost, and if not, the Bureau shall
negotiate with the selected Professional until this is achieved. Should
negotiations with the most qualified Professional fail to achieve a fair and
reasonable cost, the Bureau may negotiate with the next most qualified
Professional or restart the selection process.
3. Selection: A Selection Committee, composed
of the following voting members, may, at its discretion, choose to select the
Professional directly from the list of eligibles without benefit of in-person
interviews, or they may hold separate in-person interview with each
Professional on the list of eligibles:
a.
Director of the Bureau of Building, Grounds and Real Property Management
b. Assistant Director of the
Bureau of Building, Grounds and Real Property Management
c. Construction Manager of the Bureau of
Building, Grounds and Real Property Management or one (1) other staff member of
the Bureau.
d. One (1) from the
Institution, Agency, Department or Governing Board.
4. Voting: A minimum of three (3) Selection
Committee members constitute a quorum; and if for any reason a tie vote
results, the Director of the Bureau of Building will decide between the two (2)
Professionals receiving the most votes based solely upon the scoring criteria
identified in the solicitation.
5.
Omitting In-Person Interviews: If the in-person interview process is omitted,
one of the following shall take place prior to selection:
a. Each eligible Professional shall be
interviewed over the phone by the Selection Committee.
b. The Bureau Director shall waive interviews
based on the sufficiency of information submitted and previous performance of
Professionals under consideration and proceed directly to voting.
6. Motion to Reconsider: The
Director of the Bureau may, at his discretion, rule that the Selection
Committee's decision will be held on a motion to reconsider
and reconvene the Selection Committee normally within five (5) working days
after the Selection Committee's initial decision. At this reconvened meeting,
the Committee may allow the first vote to stand, or the
Committee may throw it out and take another vote.
7. Emergency Project: Where project is
initiated to address emergency repairs, preceding process will not be followed,
and selection of Professional will be made based upon recommendation of the
Director of the Bureau.
8.
Continuation Project: Where project is initiated as a continuation of a
previous appointment for a directly related Bureau administered project,
preceding process will not be followed, and selection of Professional will be
made based upon recommendation of the Director of the Bureau.
9. Adoption Project: Where project is
initiated as a continuation of a previous appointment for a project
administered by an Institution, Agency or Department, preceding process may not
be followed if initial selection process used by Institution, Agency or
Department was done using a similar qualifications-based selection process.
The interviews, if held, are open to other
representatives of the Institution, Agency or Department; however, they will
not participate in the selection voting. The Bureau of Building, Grounds and
Real Property Management is responsible for establishing any evaluation
criteria when needed for each submission. This may change according to Project
need.
B.
PROJECTS MORE THAN $3,000,000
Note: The following procedure does not apply to
"emergency" projects that meet Codes 31-7-1 and 37-7-13. (Note added Dec 2013
SoS)
Unless a project has been declared an emergency, projects
with more than an initial project budget of $3,000,000 must follow the
professional selection process outlined below:
1. Project Initiation: After a Project has
been initiated by the Bureau, the need for professional services for the
Project will be made public. The Request for Qualifications for Professional
Services shall include numerical scoring criteria for both short list and final
selection, fee type, project scope, and submission requirements for
consideration. The method of announcement will be one, or more, of the
following:
a. Posting on the Bureau website
b. Mass e-mail to entities with a
current M54 Architect-Engineer and Related Services
Questionnaire on file
c.
Publication in a professional society publication or website
d. Direct mail-out to entities with a current
M54 Architect-Engineer and Related Services Questionnaire on
file
e. Advertisement in regular
statewide newspaper
2.
Response: Any individual, firm or corporation desiring to respond to the
publication and provide Professional services for a Project must give the
Bureau written notification of interest. This response must be received at the
Bureau's office on, or before, the date established in the public notice. The
response is to be as follows:
a. Yearly: In
order to be considered for any current project, individuals, firms and
corporations should have on file a current Bureau of Building's M54
Architect-Engineer and Related Services Questionnaire. [See Appendix
400.] A brochure from the firm or corporation may be included, if desired. This
file will be updated in March of each year.
b. Specific Project: Any individual, firm, or
corporation desiring to provide professional services for a specific project
must respond to the public notice by writing a letter indicating interest. A
separate letter for each Project is required. General letters listing more than
one (1) Project will not be considered. Any additional required submissions,
other than the letter indicating project interest, will be listed in the public
notice. In most cases, additional data will be required such as a M55
Architect-Engineer Related Services for Specific Project Questionnaire form
[See Appendix 400] or the submission of the complete design team including
structural, asbestos, mechanical and electrical consultants. Joint ventures of
professionals are acceptable and the responsibilities of all parties involved
should be stated in the letter of interest.
c. For projects where the Bureau determines
that scope of services make a fee based upon pre-defined percentage of
construction cost impractical or inappropriate, this will be clearly indicated
in the announcement of need for professional services. Following selection
based upon qualifications only, the selected Professional will be requested to
provide a detailed Proposal identifying proposed scope, deliverables, schedule,
and cost. The Proposal shall be reviewed by the Bureau and evaluated to
determine if services represent a fair and reasonable cost, and if not, the
Bureau shall negotiate with the selected Professional until this is achieved.
Should negotiations with most qualified Professional fail to achieve a fair and
reasonable cost, the Bureau may negotiate with the next most qualified
Professional or restart selection process.
3. Short List: A Pre-selection Committee will
review all letters of interest and related data or information submitted. The
Committee selects from all the submissions a
short list for
consideration. The
short list must have at least three (3)
names unless fewer than three (3) are received, in which case all submissions
will be considered. The Pre-selection Committee is composed of the following
representatives:
a. Two (2) from the
Institution, Agency, Department or Governing Board
b. Director of the Bureau of Building,
Grounds and Real Property Management
c. Assistant Director of the Bureau of
Building, Grounds and Real Property
d. Construction Manager of the Bureau of
Building, Grounds and Real Property Management or one (1) other staff member of
the Bureau
4.
Attendance: A minimum of three (3) Pre-selection Committee members constitute a
quorum for the pre-selection process. The Deputy Director of the Department of
Finance and Administration who is responsible for the Bureau of Building,
Grounds and Real Property Management may elect to substitute for any voting
member of the Pre-selection Committee previously noted in 3.c or 3.d. The
Bureau of Building staff members are responsible for eliminating all
submissions not meeting the project qualifications prior to the Pre-selection
Committee's meeting. This pre-selection process may be handled by committee
meeting, conference call, or a telephone poll.
5. Notification: After a short
list has been established by the Pre-selection Committee, those
selected for interviews will be notified by the Bureau.
6. Selection: The Selection Committee
composed of the following voting members, may, at its sole discretion, choose
to select the Professional directly from the
short list
without benefit of in-person interviews, or they may hold separate in-person
interviews with each Professional on the
short list:
a. Two (2) from the Institution, Agency,
Department or Governing Board
b.
Director of the Bureau of Building, Grounds and Real Property Management
c. Assistant Director of the
Bureau of Building, Grounds and Real Property Management
d. Construction Manager of the Bureau of
Building, Grounds and Real Property Management or one (1) other staff member of
the Bureau.
7. Voting:
A minimum of three (3) Selection Committee members must be present; and if for
any reason a tie vote results, the Director of the Bureau of Building will
decide between the two (2) Professionals receiving the most votes based solely
upon the scoring criteria identified in the solicitation. The Deputy Director
of the Department of Finance and Administration who is responsible for the
Bureau of Building, Grounds and Real Property Management may elect to
substitute for any voting member of the Pre-selection Committee previously
noted in 6.c or 6.d.
8. Delegation
of Vote: Any voting member of the Selection Committee previously noted in 6.a,
6.b, 6.c or 6d, may designate another party to cast their vote. This Designee
may be a representative of a local or non-traditional public entity, or a party
having a special expertise regarding the area in which the facility will serve.
The Selection Committee Member will request the records of the proceedings
state their vote has been designated and indicate the Designee.
9. Omitting Interviews: If the in-person
interview process is omitted, the following shall take one of the following
shall take place prior to selection:
a. Each
short list Professional will be interviewed over the phone by
the Selection Committee.
b. The
Bureau Director shall waive interviews based on the sufficiency of information
submitted and previous performance of the firms under consideration and proceed
directly to voting.
10.
Motion to Reconsider: The Director of the Bureau may, at his discretion, rule
that the Selection Committee's decision will be held on a motion to
reconsider and reconvene the Selection Committee normally within five
(5) working days after the Selection Committee's initial decision. At this
reconvened meeting, the Committee may allow the first vote to
stand, or the Committee may throw it out and
take another vote.
11. Emergency
Project: Where project is initiated to address emergency repairs, preceding
process will not be followed, and selection of Professional will be by the
Director of the Bureau.
12.
Continuation Project: Where project is initiated as a continuation of a
previous appointment for a directly related Bureau administered project,
preceding process will not be followed, and selection of Professional will be
made based upon recommendation of the Director of the Bureau.
13. Adoption Project: Where project is
initiated as a continuation of a previous appointment for a project
administered by an Institution, Agency or Department, preceding process may not
be followed if initial selection process used by Institution, Agency or
Department was done using a similar qualifications-based selection process.
The interviews, if held, are open to other
representatives of the Institution, Agency or Department; however, they will
not participate in the selection voting. The Bureau of Building, Grounds and
Real Property Management is responsible for establishing any evaluation
criteria when needed for each submission. This may change according to Project
need.
C.
PROFESSIONAL REVIEW
The Professional's performance will be evaluated twice
during the lifespan of the Project. The review will be performed by the Using
Agency, Bureau Staff and the Bureau Director. The first review will be upon the
award of a construction Contract, or upon abandoning the Project. The second
review will be at the completion of the construction Contract. [See
Appendix 400.] The Bureau Staff will be responsible for initiating
the evaluation.
The Using Agency and Professional may obtain results of
the evaluation upon written request. In addition, the evaluations regarding
past performances may be consider when the Professional is being interviewed
for future work with the Bureau.