In 1994, the Legislature authorized the Department of
Finance and Administration through the Bureau of Building, Grounds and Real
Property Management to review and preapprove all architectural or engineering
service contracts entered into by any state entity (agency, institution,
commission, or board) to defray the costs of construction or renovation
projects for which services are to be obtained. (Code 31-11-3(7))
1.
Institutions of Higher
Learning: Any projects funded from self-generated funds.
a. However, DFA should have the authority to
obtain annual information on all building, construction and renovation projects
including duties, responsibilities and costs of any architect or engineer hired
by IHL.
2.
Community & Junior Colleges: Any projects funded from local
funds or other non-state sources which are outside DFA's appropriations or as
directed by the Legislature.
3.
State Military Department: Any projects funded from federal funds
or other non-state sources. The following procedures have been developed by the
Bureau in order to review and preapprove all architectural or engineering
service contracts entered into by any state entity as authorized by state law
in 1994. [Mississippi Code, 1972 Annotated, Section
31-11-3(7)]
|
* Definitions
* Inclusions
* Exclusions
* Submission Procedure
* Contract Forms
* Approval
* Disapproval
* Contract Changes
* Effective Date |
A.
Definitions:
1.
Contracts: Contracts entered into by a Using Agency for
architectural and/or engineering services which provide professional design and
construction administration.
2.
State Funds: Any monies appropriated and authorized by the
Mississippi Legislature; such as, general funds, grants, gifts, fees, federal,
or bonds.
3.
Self-generated
Funds: Any monies received by a Using Agency whose amount, authorization
and/or origin are not enumerated by legislative action.
4.
Local Funds: Any monies
resulting from the action of cities, counties or districts; such as, general
funds, grants, gifts, fees, federal or bonds.
B.
Inclusions: If State funds
support part, or all, of the Project, the Project's Professional Contract shall
be submitted to the Bureau for review and preapproval.
C.
Exclusions: If one or more of
the following conditions are met, the Project's Professional Contract shall not
be submitted to the Bureau for review and preapproval:
1. Institutions of Higher Learning projects
supported entirely by local funds or other non-state sources.
2. City, municipality, school districts, or
county projects supported entirely by local or self-generated funds.
3. Community and Junior College projects
supported entirely by local funds or other non-state sources.
4. All State of Mississippi Military
Department projects funded fully or partially by federal funds or non-state
sources; however, any Projects funded entirely by State appropriations will be
submitted.
5. All Department of
Transportation projects and State-Aid Road Projects.
6. All Department of Environmental Quality
projects, except building construction projects. Engineering contracts dealing
with environmental quality aspects shall not be submitted.
7. All Projects resulting from Title 37,
Chapter 47 of the Mississippi Code 1972, Annotated (State Aid for Construction
of School Facilities).
D.
Submission Procedure: One (1)
copy of the unsigned, proposed Professional Contract (no original), along with
all source selection documentation, shall be submitted prior to signing by the
Owner to the Bureau at the following address:
Attention: Professional Contract Review
Bureau of Building, Grounds and Real Property
Management
501 North West Street, Suite 1401B
Woolfolk Building
Jackson, MS 39201
Phone: 601/359-3621
Fax: 601/359-2470
Electronic submissions are acceptable. Complete and
submit with a copy of the Professional's Contract, the Professional
Contract Review Form. [See Appendix 400.] This Form will expedite the
process and also serve as the approval response from the Bureau. Allow at least
ten (10) working days for processing or longer if non-Bureau standard forms of
contract are utilized. After execution of the Professional's Contract a signed
copy should be uploaded to Transparency via MAGIC for recording, auditing and
reporting purposes.
E.
Contract Forms: Bureau standard forms of contract are required
unless specifically waived by the Bureau. Contract forms should be filled out
to the extent possible (less signatures) clearly indicating proposed scope, fee
classification and schedule of performance. Where form of Contract is to be
Using Agency Special Professional Proposal Contract, also attach Professional's
Proposal, justification for why a fee based upon pre-defined percentage of
construction cost is impractical or inappropriate, and documentation of cost
evaluation including any negotiations conducted to determine a fair and
reasonable cost has been achieved.
F.
Approval: If approved, the
Bureau will return the Professional Contract Review Form to the
Institution/Agency/Department. The Institution/Agency Department should attach
a copy of this form to Contract in MAGIC if applicable.
G.
Disapproval: It is not the
intent of the Bureau to dictate all contractual conditions, but will disapprove
submissions if any of the following are present:
a. Unusual supplementary conditions which are
not normally included in a Professional Contract.
b. Provisions which impose unfair conditions
on either the Owner or the Professional.
c. Fees which are excessively high, or low,
as related to the normal fees necessary to provide quality services for the
particular type project.
d. Bureau
Staff will examine additional services closely and may request additional
information and justification for its inclusion. Fee charges for additional
services will be of particular interest.
e. Contract forms which are not suitable for
Project requirements.
f. Failure
to comply with source selection requirement.
H.
Contract Changes: Any changes
to the Contract terms and/or conditions after execution should be submitted in
the same manner required for initial preapproval. Changes to Contract that are
in accordance with initial terms and/or conditions of Contract (ie: Change
Orders) do not require re-submittal for preapproval prior to execution.
I.
Effective Date:
Any Professional Contract entered into from and after July 1, 1994 shall be
submitted to the Bureau for approval.
J.
Source Selection: Source
selection shall be competitive and qualifications-based, consistent with
Section 400.6 PROFESSIONAL SELECTION POLICY used for projects administered by
the Bureau of Building, Grounds and Real Property Management as modified:
a. Projects Less Than $3,000,000: Using
Agency/Institution, not Bureau, would identify and form a Selection Committee
to evaluate a list of three (3) eligible Professionals. Names and positions of
the Selection Committee along with selection criteria, signed, dated ballots
and tally documenting selection process must be submitted with
Professional Contract Review Form.
b. Projects More Than $3,000,000: Using
Agency/Institution, not Bureau, would solicit Request for Qualifications for
professional selection and form Pre-Selection and Selection Committees to
establish short list and select Professional. Names and positions of the
Pre-Selection and Selection Committees along with Request for Qualifications,
selection criteria, signed, dated ballots and tally documenting selection
process must be submitted with Professional Contract Review
Form.
