Report Title:

Design Professional Services Contracts; Procurement

Description:

Amends the public procurement code with respect to the procurement of design professional services by requiring the head of a purchasing agency in need of a particular service to designate a selection committee comprised of civil service employees to evaluate qualifications and performance data.

THE SENATE

S.B. NO.

1466

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to THE PROCUREMENT OF design professional services.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 103D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§103D- Procurement of design professional services. (a) Design professional services furnished by licensees under chapter 464 shall be procured pursuant to this section or section 103D-307. Contracts for design professional services shall be awarded on the basis of demonstrated competence and qualification for the type of services required and at fair and reasonable prices.

(b) At a minimum, before the beginning of each fiscal year, the head of each purchasing agency shall publish a notice inviting persons engaged in providing design professional services that the agency anticipates needing in the next fiscal year to submit current statements of qualifications and expressions of interest to the agency. Additional notice may be given if:

(1) The response to the initial notice is inadequate;

(2) The response to the initial notice does not result in adequate representation of available source; or

(3) Previously unanticipated needs for design professional services arise.

The chief procurement officer may specify a uniform format for statements of qualifications. Persons may amend these statements by filing a new statement prior to the date designated for submission.

(c) The head of the purchasing agency shall designate a review committee consisting of a minimum of three employees from the agency with sufficient education, training, and licenses or credentials for each type of design professional service that may be required. The committee shall review and evaluate all submissions and other pertinent information, including references and reports, and prepare a list of qualified persons to provide these services. Persons included on the list of qualified persons may amend their statements of qualifications as necessary or appropriate. Persons shall immediately inform the head of the purchasing agency of any change in information furnished that would disqualify the person from being considered for a contract award.

(d) Whenever during the course of the fiscal year the agency needs a particular design professional service, the head of the purchasing agency shall designate a selection committee to evaluate the statements of qualification and performance data of those persons on the list prepared pursuant to subsection (c) along with any other pertinent information, including references and reports. The selection committee shall be comprised of the following civil service employees:

(1) Department of accounting and general services: a quorum of the following branch chiefs: quality control branch, planning branch, design branch, project management branch, inspection branch, plus one branch chief or equivalent from the user agency;

(2) Department of Transportation: highways administrator, harbors administrator, airports administrator;

(3) Department of land and natural resources: deputy chairman, chief engineer (division head), plus division head or equivalent from user division or branch;

(4) Department of health: a minimum of three branch chiefs or equivalent, plus branch chief or equivalent from user division or branch;

(5) Department of agriculture: a minimum of three branch chiefs or equivalent, plus branch chief or equivalent from user division or branch;

(6) Department of public safety: a minimum of three branch chiefs or equivalent, plus branch chief or equivalent from user division or branch;

(7) Judiciary: a minimum of three branch chiefs or equivalent, plus branch chief or equivalent from user division or branch;

(8) Department of business, economic development, and tourism: a minimum of three branch chiefs or equivalent, plus branch chief or equivalent from user division or branch, including administratively attached agencies;

(9) Department of Hawaiian home lands: a minimum of three branch chiefs or equivalent, plus branch chief or equivalent from user division or branch, including administratively attached agencies;

(10) Office of Hawaiian affairs: a minimum of three branch chiefs or equivalent, plus branch chief or equivalent from user division or branch, including administratively attached agencies;

(11) Department of defense: a minimum of three branch chiefs or equivalent, plus branch chief or equivalent from user division or branch, including administratively attached agencies; and

(12) County contracting agencies: all county contracting agencies that award design professional services contracts shall appoint a selection committee of a minimum of three civil service employees at the branch chief or division head level or equivalent.

The selection criteria employed by the selection committee in descending order of importance shall be:

(1) Experience and professional qualification of staff to be assigned to the project;

(2) Experience and professional qualification of the firm; staff qualification and firm qualification shall be listed separately;

(3) Past performance on projects of similar scope for public agencies or private industry; and

(4) Capacity to accomplish the work in the required time.

The selection committee may add subcriteria within each criterion and shall evaluate the submissions of persons on the list prepared pursuant to subsection (c) and any other pertinent information that may be available to the agency against the selection criteria. The committee may conduct confidential discussions with any person who is included on the list prepared pursuant to subsection (c) regarding the services that are required and the services they are able to provide. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing offerors. The committee shall provide the head of the purchasing agency with the names of a minimum of three firms ranked from first to third, who the committee concludes are the most qualified to provide the services required, together with a summary of each of their qualification. The contact file shall contain a copy of the committee's summary of qualifications for each of the firms provided to the purchasing agency by the committee.

(e) The head of the purchasing agency shall negotiate a contract with the first ranked person, including a rate of compensation, that is fair and reasonable, established in writing, and based upon the estimated value, scope, complexity, and nature of the services to be rendered. If a satisfactory contact cannot be negotiated with the first ranked person, negotiations with that person shall be formally terminated and negotiations with the second ranked firm on the list shall commence. Failing accord with the ranked firm, negotiations with the next ranked firm on the list shall commence. If a contract at a fair and reasonable price cannot be negotiated, the selection committee shall be asked to submit a minimum of three additional firms for the head of the purchasing agency to resume negotiations in the same manner provided in this subsection. Negotiations shall be conducted confidentially.

(f) Contracts for design professional services of less than $25,000 may be negotiated by the head of the purchasing agency with any firm who appears on the list of qualified persons established pursuant to subsection (c) Negotiations shall be conducted in the manner set forth in subsection (e)."

SECTION 2. Section 103D-104, Hawaii Revised Statutes, is amended as follows:

1. By adding a new definition to be appropriately inserted and to read:

""Design professional services" means those services within the scope of practice of an architect, landscape architect, professional engineer, or land surveyor, as those terms are defined in section 464-1."

2. By amending the definition of "professional services" to read:

""Professional services" means those services within the scope of the practice of [architecture, landscape architecture, professional engineering, land surveying,] real property appraisal, law, medicine, accounting, dentistry, public finance bond underwriting, public finance bond investment banking, or any other practice defined as professional by the laws of this State or the professional and scientific occupation series contained in the United States Office of Personnel Management's Qualifications Standards Handbook."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2003.

INTRODUCED BY:

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