R23-1-1501. Architect-Engineer Procurement Process, General Process

  (1) Application. The provisions of Part 15 of the Utah Procurement Code apply to every procurement of services within the scope of the practice of architecture as defined by Section 58-3a-102, or professional engineering as defined in Section 58-22-102, except as authorized by Rule R33-4-105. All definitions in the Utah Procurement Code shall apply to this Rule unless otherwise specified in this Rule. This administrative rule provides additional requirements and procedures and must be used in conjunction with the Procurement Code.

  (2) Architect-Engineer Evaluation Committee. The Director shall designate members of the Architect-Engineer Evaluation Committee. The evaluation committee must consist of at least three members who are qualified under Section 63G-6a-707.

  (3) Request for Statement of Qualifications. The Division shall issue a public notice for a request for statement of qualifications to rank architects or engineers. The Division shall:

  (a) state in the request for statement of qualifications:

  (i) the type of procurement item to which the request for statement of qualifications relates;

  (ii) the scope of work to be performed;

  (iii) the instructions and the deadline for providing information in response to the request for statement of qualifications;

  (iv) criteria used to evaluate statements of qualifications including:

  (A) basic information about the person or firm;

  (B) experience and work history;

  (C) management and staff;

  (D) qualifications and certification;

  (E) licenses and certifications;

  (F) applicable performance ratings;

  (G) financial statements; and

  (H) other pertinent information.

  (b) Key personal identified in the statement of qualifications may not be changed without the advance written approval of the procurement unit.

  (4) Not include Cost in Response. Architects and engineers shall not include cost in a response to a request for statement of qualifications.

  (5) Evaluation of Statement of Qualifications. The evaluation committee shall evaluate statements of qualifications in accordance with Section 63G-6a-707 to rank (score) architects or engineers without considering cost.

  (6) Negotiation and Award of Contract. The Director shall negotiate a contract with the most qualified firm for the required services at compensation determined to be fair and reasonable based on the Division's rate table or as may be reasonably adjusted by the Director for the particular scope of work, location or other aspects of the services.

  (7) Failure to Negotiate Contract With the Highest Ranked Firm.

  (a) If fair and reasonable compensation, contract requirements, and contract documents cannot be agreed upon with the highest ranked firm, the Director shall advise the firm in writing of the termination of negotiations.

  (b) Upon failure to negotiate a contract with the highest ranked firm, the Director shall proceed in accordance with Section 63G-6a-1505 of the Utah Procurement Code.

  (8) Notice of Award.

  (a) The Director shall award a contract to the highest ranked firm with which the fee negotiation was successful.

  (b) Notice of the award shall be made available to the public.

  (8) Written Justification Statements. The Division shall issue a statement justifying the ranking of the firm with which fee negotiation was successful.