North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter D - STATE BUILDING COMMISSION DESIGNER AND CONSULTANT SELECTION POLICY › Section .0300 - SELECTION OF DESIGNERS OR CONSULTANTS › Section 30D .0302 - PRE-SELECTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A pre-selection
				  committee shall be established for all projects requiring professional service.
				  On minor projects the pre-selection committee shall consist of at least the
				  Capital Projects Coordinator, a representative of the using agency and one
				  representative from the State Construction Office. On major projects the
				  pre-selection committee shall consist of at least the Capital Projects
				  Coordinator, a representative of the using agency and two representatives from
				  the State Construction Office. At least one member of all pre-selection
				  committees shall be a licensed design professional.
(b) General Procedure for All Projects: The
				  Capital Projects Coordinator shall review with the using agency the
				  requirements of the project. This step shall take place prior to public
				  advertisement in the Purchase Directory, because designers and consultants have
				  a significant need to know in advance the program intent of a project in order
				  to demonstrate their qualifications for the project in their letter of
				  interest. The Capital Projects Coordinator shall receive all letters of
				  interest and other qualification information either directly or from the
				  designated contact person. After a pre-selection priority list is prepared, the
				  list shall remain confidential except to the Secretary of the SBC. If fewer
				  than three letters of interest are received on major projects, the project
				  shall be readvertised in the Purchase Directory. If fewer than three letters of
				  interest are received following the re-advertisement, the Capital Projects
				  Coordinator may proceed with the selection process using the data received or
				  may advertise again.
(c) Special
				  Procedures for Minor Projects: The Capital Projects Coordinator shall review
				  with the using agency the requirements of the project and the qualifications of
				  all firms expressing interest in a specific project. The Capital Projects
				  Coordinator and a representative of the using agency shall meet with the
				  representative from the State Construction Office for the evaluation of each
				  firm and development of a list of three firms in priority order to be presented
				  to the SBC. The Capital Projects Coordinator may institute the interview
				  procedures in Paragraph (d) of this Rule if he deems it beneficial in
				  evaluating the firms. The Capital Projects Coordinator shall submit to the
				  Secretary of the SBC the list of three firms in priority order, including
				  pre-selection information and written recommendations, to be presented to the
				  SBC. The Capital Projects Coordinator shall state in the submission to the SBC
				  that the rules for public announcement and pre-selection have been
				  followed.
(d) Special Procedures
				  for Major Projects: The pre-selection committee shall review the requirements
				  of a specific project and the qualification of all firms expressing interest in
				  that project and shall select from that list not more than six nor less than
				  three firms to be interviewed and evaluated. The pre-selection committee shall
				  interview each of the selected firms, evaluate each firm interviewed, and rank
				  in order three firms. The Capital Projects Coordinator shall state in his
				  submission that the rules for public announcement and pre-selection have been
				  followed.
(e) Special Procedures
				  for Emergency Projects: On occasion, emergency design or consultation services
				  may be required for restoration or correction of a facility condition which by
				  its nature poses a hazard to persons or property, or when an emergency exists.
				  Should this situation occur, in all likelihood there will not be sufficient
				  time to follow the normal procedures described in this Rule. The Capital
				  Projects Coordinator on these occasions may declare an emergency, notify the
				  State Construction Office and then obtain the services of a designer or
				  consultant for consultation or design of the corrective action. In all cases,
				  such uses of these emergency powers shall involve a written description of the
				  condition and rationale for employing this special authority signed by the head
				  of the agency and presented to the SBC at its next normal meeting. Timeliness
				  for obligation of funds or other non-hazardous or non-emergency situations do
				  not constitute sufficient grounds for invoking this special
				  authority.
(f) Fixed Term Contract:
				  A Funded Agency or a Using Agency may require the services of designer(s) or
				  consultant(s) for projects under three hundred thousand dollars ($300,000) on a
				  fixed term basis for one year. In such cases, designer(s) or consultant(s) for
				  fixed term contracts shall be selected in accordance with the procedures for
				  minor projects in Paragraph (c). In addition, no fixed term contract fee under
				  the jurisdiction of the State Building Commission shall exceed one hundred
				  fifty thousand dollars ($150,000) in total volume per year regardless of the
				  number of projects. No fee shall exceed thirty-six thousand dollars ($36,000)
				  per project. Fixed term contracts may be extended for a term of one additional
				  year. Total fees shall not exceed one hundred fifty thousand dollars ($150,000)
				  for the first year or three hundred thousand dollars ($300,000) for the
				  two-year period regardless of the number of projects.
(g) Special Procedures for Department of
				  Environment and Natural Resources: For Division of Water Quality projects under
				  the Wetlands Restoration Program, the Funded Agency may require the services of
				  multiple designer(s) or consultant(s) for design and construction management of
				  wetland, stream and riparian buffer restoration projects on a routine basis. In
				  such cases, designer(s) or consultant(s) for such open-ended contracts shall be
				  selected in accordance with the procedures described for minor projects. This
				  does not preclude the Funded Agency's use of the designer selection procedures
				  specified for major or minor projects if it elects to do so. The total volume
				  of business in terms of negotiated design fee shall not exceed seven hundred
				  thousand dollars ($700,000) for the biannual contract term and no single
				  project fee shall exceed three hundred fifty thousand dollars ($350,000). In no
				  case shall individual projects exceeding one million five hundred thousand
				  dollars ($1,500,000) in total costs be assigned for design under an open-end
				  agreement. Open-end agreements under this procedure shall not be extended
				  beyond a two-year term. The funded agency must readvertise on a biannual
				  basis.
(h) Special Procedures for
				  Special Inspections: Special Inspections professional services may be selected
				  utilizing any one of the following methods:
(1) The special inspections services may be
				  performed as part of the project design services rendered by the project
				  designer selected in accordance with Paragraphs (a) through (d) of this
				  Rule.
(2) The special inspections
				  services may be performed, independent of the project design services contract,
				  by:
(A) a firm selected in accordance with
				  Paragraphs (a) through (d) of this Rule.
(B) a firm selected via in accordance with
				  Paragraph (f) of this Rule. Firms for such open-ended contracts shall be
				  selected in accordance with the procedures described for minor projects. This
				  does not preclude the Funded Agency's use of the designer selection procedures
				  specified for major or minor projects if it elects to do so. In addition, no
				  annual contract fee shall exceed three hundred thousand dollars ($300,000.00)
				  in total volume and no single fee shall exceed one hundred thousand dollars
				  ($100,000.00). Annual contracts may be extended for one additional year.
				  However, if extended for an additional one-year period, the designer may not be
				  selected for the next annual contract. Total annual fees shall not exceed three
				  hundred thousand dollars ($300,000.00) for first year or six hundred thousand
				  dollars ($600,000.00) for two-year period. If and when these fees are used to
				  limit, the agency must readvertise.
(C) a firm selected from the consultants
				  formally identified in Article 13 of the Standard Form of Agreement Between
				  Owner and Designer.
(D) a firm
				  initially selected using a qualifications based selection process, currently
				  under contract for that project, and qualified to perform special inspections
				  services.