A. The services of architect and engineering related services may be acquired through a qualifications based selection process, direct selection or public competition.
1. Direct selection. Direct selection means the selection of one technical registrant/firm without the requirement of advertising. For smaller jobs where there is a preference for a qualified firm to perform the work, the firm is simply notified and the parties negotiate a fair and reasonable contract, and based on price is subject to approval by the City Council. Contracting of architects and engineers (A/Es) by direct selection is accomplished by selecting the consultant based on knowledge of his or her qualifications and experience, agreeing on a negotiated scope of work and then fixing the compensation. If agreement on scope of work or compensation cannot be agreed upon, another consultant may be selected. Ranking of firms is not required under this selection process.
2. Qualifications based system. Selection may also be made according to a qualifications basis system (QBS). Dollar thresholds are defined in Subarticle I, § 3-5-3. Firms engaged in the lawful practice of the profession may submit an annual statement of qualifications (SOQ) and experience. A solicitation for request for qualifications (RFQ) is also required based on a detailed scope of work of the project. This RFQ will be advertised in the newspaper of general circulation.
B. A selection committee is formed to evaluate the current SOQs on file and RFQs. The committee should consist of at least three persons. The committee shall select, in order of preference and based on criteria established, a short list of at least three firms deemed to be the most qualified to provide the services required. The selection of the short list must be based on demonstrated competence and qualifications only. Fees, price, man-hours or any other cost information may not be considered in the selection of the short list.
C. After a short list is selected, negotiations may commence for a contract with the highest rated firm for the required services. The negotiations shall include consideration of compensation and other contract terms and conditions the city determines to be fair and reasonable. In making this determination, the city shall take into account the estimated value, the scope, complexity, and nature of the required services. The negotiated contract terms are subject to City Council approval based on contract dollar amounts as defined in Subarticle II, § 3-5-23.
D. If a satisfactory contract cannot be negotiated with the highest rated firm at a price or on other contract terms, negotiations shall be formally terminated. Negotiations would then be started with the next highest rated firm, in sequence, until an agreement is reached or a determination is made to reject all firms on the short list.
(Res. 2008-011, passed 2-19-2008)