63G-6a-1503. Evaluation committee for design professional services.
(1)
In the procurement of design professional services, the procurement officer or the head of an issuing procurement unit shall encourage design professionals engaged in the lawful practice of their profession to submit a statement of qualifications.
Terms Used In Utah Code 63G-6a-1503
Conducting procurement unit: means a procurement unit that conducts all aspects of a procurement:
(a)
except:
(i)
reviewing a solicitation to verify that it is in proper form; and
(ii)
causing the publication of a notice of a solicitation; and
(b)
including:
(i)
preparing any solicitation document;
(ii)
appointing an evaluation committee;
(iii)
conducting the evaluation process, except the process relating to scores calculated for costs of proposals;
(iv)
selecting and recommending the person to be awarded a contract;
(v)
negotiating the terms and conditions of a contract, subject to the issuing procurement unit's approval; and
professional services within the scope of the practice of architecture as defined in Section 58-3a-102;
(b)
professional engineering as defined in Section 58-22-102;
(c)
master planning and programming services; or
(d)
services within the scope of the practice of commercial interior design, as defined in Section 58-86-102. See Utah Code 63G-6a-103
Division: means the Division of Purchasing and General Services, created in Section 63A-2-101. See Utah Code 63G-6a-103
Issuing procurement unit: means a procurement unit that:
(a)
reviews a solicitation to verify that it is in proper form;
(b)
causes the notice of a solicitation to be published; and
(c)
negotiates and approves the terms and conditions of a contract. See Utah Code 63G-6a-103
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Procurement: means the acquisition of a procurement item through an expenditure of public funds, or an agreement to expend public funds, including an acquisition through a public-private partnership. See Utah Code 63G-6a-103
Request for statement of qualifications: means a document used to solicit information about the qualifications of a person interested in responding to a potential procurement, including all other documents attached to that document or incorporated in that document by reference. See Utah Code 63G-6a-103
Statement of qualifications: means a written statement submitted to a procurement unit in response to a request for statement of qualifications. See Utah Code 63G-6a-103
(2)
(a)
The director of the Division of Facilities Construction and Management shall appoint an evaluation committee for design professional services procurements under its authority.
(b)
A conducting procurement unit, other than the Division of Facilities Construction and Management, shall appoint an evaluation committee for design professional services procurements under the authority of that procurement unit.
(3)
(a)
An evaluation committee appointed under Subsection (2) shall consist of at least three members.
(b)
A procurement unit appointing an evaluation committee under this section shall ensure that each member of the evaluation committee:
(i)
does not have a conflict of interest with any of the design professionals under consideration;
(ii)
can fairly evaluate each statement of qualifications;
(iii)
does not contact or communicate with any of the design professionals under consideration concerning the request for statement of qualifications outside the official evaluation committee process, beginning the date that the request for statement of qualifications is issued until the selection of the design professional has been made; and
(iv)
conducts the evaluation in a manner that ensures a fair and competitive process and avoids the appearance of impropriety.
(4)
An evaluation committee appointed under this section shall:
(a)
evaluate current statements of qualifications and performance data on file with the procurement unit, together with those that may be submitted by other design professionals in response to the announcement of a proposed contract;
(b)
consider no fewer than three design professionals; and
(c)
based upon criteria established and published by the conducting procurement unit, select no fewer than three of the design professionals considered to be the most highly qualified to provide the services required.
