SECTION 260:65-3-4. Selection procedure

(a)   Define project. The state agency shall develop a description of the project which shall include: [61 O.S., Section 62(C)]

(1)   A narrative description of the work being planned.

(2)   The estimated cost and time schedule of the project.

(3)   The source of the funding i.e., appropriated state money, federal funding or other source of funding. Any funds designated for the project which has specific limitation of use, including deadlines for expenditure, shall be clearly defined and explained in the project description.

(4)   Any other pertinent data which would assist a consultant in determining his interest in the project.

(b)   Request list of consultants. The state agency shall forward a request to the Department for a listing of consultants currently listed with the Department in the form of a letter which includes the description of the project developed in (a) of this Section. A draft of the solicitation letter described in (c) of this Section shall also be included with a request for a list of consultants. The Department shall review the request and solicitation letter and if approved, shall print the list and/or one set of mailing labels and return them to the state agency.

(c)   Announce project. The state agency shall send the approved solicitation letter to each consultant on the list which includes the description developed in (a) of this Section and shall notify them of the last day their letters may be received to be considered. Any consultant not registered with the Department at the time the list is prepared, may register with the Department pursuant to this Section and submit a letter of interest to the state agency. The Consultant Registration Questionnaire (DCS/CAP-Form 254) must be received by the Department at least six (6) business days, excluding state holidays, prior to the solicitation deadline, to allow the Administrator time to evaluate and complete the review process. If the registration form requires revisions and resubmission, the Department is under no further obligation to process and approve a consultant's registration within the six-day time period. [61 O.S., Section 62(C)]

(d)   Request and review files. The state agency shall send a list of consultants that indicated interest in being considered for the announced project(s) to the Department. The Department then assembles and transmits to the state agency a copy of the information on file for each consultant on the list. [61 O.S., Section 62(D)]

(e)   Screen the files to select the "short list". The chief administrative officer or governing board of the state agency shall designate a screening committee of three or more persons to select the three to five best qualified consultants based upon the data in the files supplied by the Department and other information that may be supplied by the consultants. The screening committee should include licensed architects or engineers if they are available. If the selection is for more than one consultant contract, at least two consultants for each project should be included in the short list. The selection criteria is listed in 260:65-3-6. [61 O.S., Section 62(E)]

(f)   Scheduling and performing interviews.

(1)   The chief administrative officer or governing board of the state agency shall designate an interview committee. All members of the interview committee shall participate in all interviews of each consultant.

(2)   An evaluation criteria list shall be developed to insure that all interviews are conducted identically. The interview committee should consider the criteria listed in 260:65-3-7.

(3)   Each consultant should be notified by letter informing him that he has been selected for interview. The letter should contain:

(A)   Date, time and place of interview. Interviews should be scheduled individually for each consultant.

(B)   Period of time permitted for the interview. Indicate how much time the consultant shall be permitted for his presentation and how much time shall be reserved for questions by the committee.

(C)   A copy of the interview criteria.

(D)   Names of the interview committee members.

(E)   The letter should contain any other information which shall help the committee to obtain information needed for them to properly evaluate the consultant.

(F)   Oklahoma Statutes prohibit the requesting of any information on fees. Any consultant who discloses its fee, or any indication thereof, prior to subsection (j) of this Section, Negotiation of Contract, shall be removed from the request list or short list and receive no further consideration for the project. Consultants must be selected on the basis of qualifications and not on a bid basis.

(4)   The interviews are conducted privately with each consultant out of the hearing of other consultants.

(5)   At the conclusion of all interviews, the committee shall then rate each consultant in a manner as to recommend to the state agency the relative ranking of each consultant. This document does not attempt to designate the exact procedure the committee shall use to make their selections. All criteria and procedures used by the committee shall be documented for the record.

(g)   Forwarding of recommendations. The recommendations are forwarded to the state agency for the final selection.

(h)   Preparation of report to the Department.

(1)   The state agency shall prepare a chronological report detailing the steps in the procedure actually followed by the state agency in making its selection. This report shall include the criteria used in the screening process as well as the interviews and the ratings of all firms considered. A copy of the approved minutes of any board action affecting the selection process shall be included.

(2)   The report is submitted to the Department for the independent review of the entire process. Upon approval of the report by the Department, the state agency shall be notified that fee negotiations with the first ranked firm may begin.

(i)   Negotiation of Contract.

(1)   The negotiation of fees is the first time a discussion of costs is permitted. There are no defined procedures for negotiating. The Department shall usually open negotiations by designating a negotiator and by defining the detailed scope of work and forwarding that scope to the consultant in a letter formally requesting the cost proposal. The letter should require a detailed breakdown of costs to enable the Department to understand the cost items and have a basis for negotiation. The consultant should also be provided a copy of the proposed contract format. Copies of the approved contract formats may be obtained from the Department.

(2)   The consultant shall develop his fee proposal and return it to the Department. Fee proposals shall be based on the consultant's cost to produce the work along with projected expenses and a fair profit not to exceed fifteen per cent (15%). The Administrator may establish a standard format for estimating and itemizing the costs submitted with a fee proposal.

(3)   The Department shall then set up a meeting to negotiate and agree to the fee, or may authorize the state agency to begin fee discussions. The fee is expressed as a firm fixed price fee according to an agreed scope of work, or may be based on a time and expense basis with a "not-to-exceed" cap. The choice is up to the Department. Attached as Appendix A is a table which may be used as an aid in evaluating a fee proposal. After a fee has been determined, the consultant is asked to modify the proposal to reflect the agreed upon scope of work and fee. This modified proposal shall become part of the contract. [61 O.S., Section 62(G)]

(4)   The state agency then forwards an agency requisition to the Department.

(j)   Award of contract.

(1)   The contract is processed for award by the Department. After the contracts have been signed by all parties, copies shall be provided to the state agency and the consultant.

(2)   Changes to the consultant's base contract may be approved by the Administrator as long as the scope of the change is generally included within the scope of work developed in (1) of this subsection for which the consultant selection process was conducted. Changes may be requested by the state agency in writing to the Department and must reference the correct contract, and include the scope of the change, the fee for the change and the source of the funding for the change.

[Source: Added at 31 Ok Reg 1423, eff 9-12-14]