Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 8 - Contracts for Public Improvements and Professional Services › Rule 561-8.3 - Contracts for Professional Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Professional services
			 defined.
The term "professional services" shall include planning,
			 design, architectural, engineering, landscape architecture, land surveying,
			 land appraising, consulting, legal and management review services.
(2)
Notification of professional
			 firms or individuals.
The department shall keep a record of
			 professional firms and individuals desirous of providing services and shall
			 encourage from time to time the submission of letters detailing a firm's or
			 individual's capabilities.
If a contract is estimated to cost more than $25,000, firms or
				individuals shall be invited to notify the department of their interest in and
				capabilities for providing the service. Such firms or individuals shall be
				informed by an advertisement in at least one newspaper of statewide
				circulation, one newspaper published in the county seat of the county in which
				the work is to be done, and such other means as may be appropriate. Where work
				is to be done under the contract in more than three counties, the requirement
				of publication in the county seat shall not be required so long as other means
				of notice to bidders is given, as in trade journals or other such means. At
				least one of said advertisements shall be not less than 15 days prior to the
				date set by the department for the preliminary review of said documents. Based
				upon this information, the department may select a group of at least five firms
				or individuals, unless fewer than that number have indicated interest, who
				shall be invited to submit proposals for the performance of the desired
				service.
In explaining their capabilities, firms or individuals are
				encouraged to provide information relative to the number, qualifications, and
				experience of their professional and technical staff; their performance records
				for timeliness, quality, and project management; their geographical location;
				and any specialized expertise which may be appropriate.
(3)
Selection of firm or
			 individual
a. For any contract for
			 professional services estimated to cost less than $5,000, the department may
			 select a firm or individual and negotiate a professional services contract. The
			 bureau chief or division administrator shall prepare a memorandum for the
			 project file stating the reasons why that particular firm or individual was
			 selected. However, quotations may be solicited if it is in the best interest of
			 the state.
b. For contracts
			 estimated to cost from $5,000 to $25,000 at least three firms or individuals
			 who appear to be qualified shall be invited to submit proposals for the
			 performance of the desired service unless fewer than that number have indicated
			 the availability, capability or willingness to perform the desired
			 service.
c. When a project
			 requiring professional services is divided into several phases, the selection
			 of a professional firm or individual for the first project phase may be
			 accomplished in the manner prescribed for the cost estimate relating to the
			 entire project. The contract cost for subsequent phases may be established by
			 negotiation.
The proposals shall also contain an hourly estimate of
				professional services. These fees and associated costs shall be submitted as
				directed by the department.
d. Upon the acceptance of a proposal by the
			 director and the appropriate commission, if required by statute, the total
			 estimated cost shall become the maximum contract cost which shall not be
			 increased, except to the extent that a contract amendment increases the
			 objectives and scope of services or projects that are unrelated but identical
			 in nature. The proposals submitted for those contracts over $10,000 shall be
			 reviewed, and members of the firms or individuals may be interviewed by a
			 department selection committee established by the director At least one-third
			 of the selection committee shall be composed of individuals not responsible for
			 the contract administration. This committee shall evaluate each proposal
			 relative to the following criteria:
(1)
			 Sufficiency of professional and technical staff to meet the project schedule
			 and work requirements.
(2)
			 Performance records for timeliness, quality and project management.
(3) Geographical location.
(4) Specialized expertise.
(5) Proposed method of accomplishing the
			 desired service.
(6) Total
			 estimated cost.
(7) Total estimated
			 life cycle costs, if appropriate.
After evaluating the proposals, the committee shall submit a
				written recommendation to the director
e. The director may authorize the negotiation
			 of a contract without solicitation of quotations or advertising for proposals
			 if the service is to be provided by another governmental entity or educational
			 institution or nonprofit corporation, or if the service is of a specialized
			 nature where only one firm or individual can reasonably provide the service, or
			 where delay for solicitation of quotations or advertising for proposals might
			 reasonably be expected to result in serious loss or injury to the
			 state.