Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since August 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R653. Natural Resources, Water Resources.

Rule R653-3. Selecting Private Consultants.

As in effect on August 1, 2019

Table of Contents

R653-3-1. Application.

The provisions of this section apply to procurement of services within the scope of the practice of professional engineering as defined in Section 58-22-102 Utah Code Annotated, except as authorized in Section 63-56-24 Utah Code Annotated (Emergency Procurements).

R653-3-2. Policy.

It is the policy of the Division of Water Resources (Division) to:

(1) Give public notice of all requirements for engineering services (except as noted in R653-3-1 and R653-3-5); and

(2) Negotiate contracts for such services on the basis of demonstrated competence and qualification for the type of service required, and at fair and reasonable prices.

R653-3-3. Annual Statement of Qualifications and Performance Data.

(1) The State's Chief Procurement Officer will encourage firms engaged in providing engineer services to submit annually a statement of qualifications and performance data which should include, but not be limited to, the following:

(a) The name of the firm and the location of all of its offices, specifically indicating the principal place of business;

(b) The age of the firm and its average number of employees over the past five years;

(c) The education, training, and qualifications of members of the firm and key employees;

(d) The experience of the firm reflecting technical capabilities and project experience;

(e) The names of five clients who may be contacted, including at least two for whom services were rendered in the last year; and

(f) Any other pertinent information requested by the Procurement Officer.

(2) A standard form or format may be developed for these statements of qualifications and performance data. Firms may amend statements of qualifications and performance data at any time by filing a new statement.

R653-3-4. Billing Rate Survey.

The Consulting Engineers Council of Utah will provide the results of an annual survey on billing rates within their respective disciplines to the Division of Purchasing prior to April 1 of each year. This information will then be made available to all public procurement units.

R653-3-5. Small Purchases of Engineer Services.

When the procurement of engineer services is estimated to be less than $20,000, the Division may select the provider directly from either the list of firms who have submitted annual statements of qualifications and performance data, or from other qualified firms if necessary. If the procurement is estimated to exceed $20,000, then the selection method outlined in the following sections will apply.

R653-3-6. Engineer Selection Committee.

The Division's Procurement Officer, or designee, will designate members of the Engineer Selection Committee. The selection committee will consist of at least three members.

The Division's Procurement Officer, or designee, will designate one member of such committee as chair and to act as the Procurement Officer to coordinate the negotiations of a contract with the most qualified firm.

R653-3-7. Public Notice.

Public notice for engineer services will be given by the Division. Such notice will be published sufficiently in advance in order for firms to have an adequate opportunity to respond to the solicitation. The notice will contain a brief statement of the services required that adequately describes the project, the closing date for submissions, and how specific information on the project may be obtained.

R653-3-8. Request for Statements of Interest.

(1) A request for statements of interest (SOI) will be prepared that outlines the Division's requirements (scope of work) and sets forth the evaluation criteria. It will be distributed upon request and payment of a fee, if any.

(2) The request for SOI will include notice of any conference to be held and the criteria to be used in evaluating the statements of qualifications and performance data and selecting firms, including but not limited to:

(a) Competence to perform the services as reflected by technical training and education, general experience, experience in providing the required services, and the qualifications and competence of persons who will be assigned to perform the services;

(b) Ability to perform the services as reflected by workload and the availability of adequate personnel, equipment, and facilities to perform the services expeditiously; and

(c) Past performance as reflected by the evaluations of private persons and officials of other governmental entities that have retained the services of the firm with respect to such factors as control of costs, quality of work, and an ability to meet deadlines.

R653-3-9. Definition of Scope of Work.

Prior to initiating a request for SOI for engineer services, the Division shall define the scope of such services. The scope section will be sufficient to define the work expected, as detailed as possible and will be the basis for the negotiation process. However the scope may be modified if necessary during final negotiations.

R653-3-10. Evaluation of Statements of Qualifications and Performance Data.

(1) The selection committee will evaluate:

(a) Statement of qualifications and performance data;

(b) Statements that may be submitted in response to the request for SOI for engineer services, including proposals for joint ventures; and

(c) Supplemental statements of qualifications and performance data, if their submission is required.

(2) All statements and supplemental statements of qualifications and performance data will be evaluated in light of the criteria set forth in the SOI request for engineer services.

R653-3-11. Selection of Firms for Discussions.

The selection committee will select for discussions no fewer than three firms evaluated as being professionally and technically qualified (unless fewer than three firms responded to the SOI request. The Division will notify each firm in writing of the date, time, and place of discussions, and, if necessary, will provide each firm with additional information on the project and the services required. This discussion phase may be waived if the evaluation of the statements of qualification and performance data indicate that one firm is clearly more qualified and if the scope and nature of the services are clearly understood.

R653-3-12. Discussions.

Following evaluation of the statements of interest, qualifications and performance data, the selection committee may hold discussions with the firms selected. The purposes of such discussions will be to:

(1) Determine each firm's general capabilities and qualifications for performing the contract; and

(2) Explore the scope and nature of the required services and the relative accuracy, efficiency, time consumption, and cost of the alternative methods proposed to be used.

R653-3-13. Selection of the Most Qualified Firms.

After discussions the selection committee will reevaluate and select, in order of preference, the firms that it deems to be the most highly qualified to provide the required services. The selection committee will document the selection process indicating how the evaluation criteria were applied in determining the selection of the most highly qualified firms. Documents will remain in the division files for one year.

R653-3-14. Negotiation and Award of Contract.

The selection committee or its designee will negotiate a contract with the most qualified firm for the required services at compensation determined to be fair and reasonable to the Division. Contract negotiations will be directed toward:

(1) Clarifying that the firm has an understanding of the scope of the work, specifically, the essential requirements involved in providing the required services;

(2) Insuring that the firm will make available the necessary personnel and facilities to perform the services within the required time; and

(3) Agreeing to a compensation that is fair and reasonable, taking into account the estimated value, scope, complexity, and nature of the required services.

R653-3-15. Failure to Negotiate Contract with the Most Qualified Firm.

(1) If fair and reasonable compensation, contract requirements, and contract documents cannot be agreed upon with the most qualified firm, the Division will advise the firm in writing of the termination of negotiations.

(2) Upon failure to negotiate a contact with the most qualified firm, the Procurement Officer will enter into negotiations with the next most qualified firm. If fair and reasonable compensation, contract requirements, and contract documents can be agreed upon, then the contract will be awarded to that firm. If negotiations again fail, negotiations will be terminated as provided in paragraph (a) of this section and commenced with the next most qualified firm.

R653-3-16. Notice of Award.

Written notice of the award will be sent to the firm with whom the contract is successfully negotiated. Each firm with whom discussions were held will be notified of the award. Notice of the award will be made available to the public.

R653-3-17. Failure to Negotiate Contract With Firms Initially Selected as Most Qualified.

Should the Division be unable to negotiate a contract with any of the firms initially selected as the most highly qualified firms, additional firms will be selected in preferential order based on their respective qualifications, and negotiations shall continue in accordance with Section R653-3-15 until an agreement is reached and the contract awarded.

KEY

consultants, government purchasing

Date of Enactment or Last Substantive Amendment

February 18, 1998

Notice of Continuation

September 29, 2017

Authorizing, Implemented, or Interpreted Law

58-22-102


Additional Information

Contact

For questions regarding the content or application of rules under Title R653, please contact the promulgating agency (Natural Resources, Water Resources). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.