2005 Arizona Revised Statutes - Revised Statutes §34-103  Employment of technical registrants for work on public buildings and structures; direct selection; final list selection; public competition

A. An agent shall procure professional services from a technical registrant in the manner prescribed in chapter 6 of this title if either of the following applies:

1. The contract is with a technical registrant other than an architect and is for an amount of more than five hundred thousand dollars.

2. The contract is with an architect and is for an amount of more than two hundred fifty thousand dollars.

B. An agent may procure professional services from a technical registrant in the manner prescribed in chapter 6 of this title or as prescribed in subsection D if either of the following applies:

1. The contract is with a technical registrant other than an architect and is for an amount of five hundred thousand dollars or less.

2. The contract is with an architect and is for an amount of two hundred fifty thousand dollars or less.

C. If authority is given by law to an agent to construct a building or structure, or additions to or alterations of existing buildings, an agent shall employ an architect or engineer, or both, as warranted by the type of construction, if the agent deems the work to be of a nature that requires such employment.

D. An agent may employ a technical registrant by direct selection, by public competition pursuant to subsection G or pursuant to subsections E and F if either of the following applies:

1. The contract is with a technical registrant other than an architect and is for an amount of five hundred thousand dollars or less.

2. The contract is with an architect and is for an amount of two hundred fifty thousand dollars or less.

E. The agent may elect to employ a technical registrant by encouraging persons or firms engaged in the lawful practice of the profession to submit annually a statement of qualifications and experience. If the agent elects to employ a technical registrant by this method, the agent shall initiate an appropriately qualified selection committee for each procurement, which may include one or more contracts, in accordance with rules adopted by the agent. The selection committee shall evaluate current statements of qualifications and experience on file with the agent together with those that may be submitted by other persons or firms regarding the procurement. If possible and practicable, the selection committee shall conduct interviews with at least three persons or firms regarding the procurement and the relative methods of furnishing the required services and, if possible, shall select, in order of preference and based on criteria established and published by the selection committee, a separate final list for each contract being procured of at least three of the persons or firms deemed to be the most qualified to provide the services required. The selection committee shall base the selection of each final list and the order of preference on each final list on demonstrated competence and qualifications only. The agent and the selection committee shall not request or consider fees, price, man-hours or any other cost information at any point in the selection process under this subsection, including the selection of the persons or firms to be interviewed, the selection of the persons and firms to be on a final list, in determining the order of preference of persons and firms on a final list or for any other purpose in the selection process.

F. After a final list is selected for each contract included in the procurement, the agent shall enter into separate negotiations for a contract with the highest qualified person or firm on the final list for the contract determined under subsection E for the professional services. The negotiations shall include consideration of compensation and other contract terms that the agent determines to be fair and reasonable to the agent. In making this determination, the agent shall take into account the estimated value, the scope, the complexity and the nature of the professional services to be rendered. If the agent is not able to negotiate a satisfactory contract with the highest qualified person or firm on the final list for the contract at a price and on other contract terms the agent determines to be fair and reasonable, the agent shall formally terminate negotiations with that person or firm. The agent may enter into negotiations with the next most qualified person or firm on the final list for the contract in sequence until an agreement is reached or a determination is made to reject all persons or firms on the final list for the contract.

G. If competitive designs are solicited, the agent shall publish notice of the competition at least thirty days before the date set for closing the competition. The notice shall include the following:

1. The project title and description.

2. The design and construction budget.

3. The competitive process and criteria to be used to select the winning offeror.

4. The amount of the stipend to be paid to the unsuccessful offerors.

5. The offerors' response date.

6. The person to contact to obtain additional information regarding the competition.

7. Any other requirements established by the agent as appropriate.