2009 Annual EdPAC Buyer s Workshop Kent D. Lagers Director State Purchasing

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Review Statement of Law Selection of An/E

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2009 Annual EdPAC Buyer's Workshop Kent D. Lagers Director State Purchasing Architect/Engineer Selection Process Contractor Selection Process Project Management 2008 Legislative Audit Report Procurement Best Practices Text: Audit, Utah Code, Admin. Administer

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Audit Statement of Law Selection of An/E & Construction Services Antitrust Laws Help to Protect Competition Utah Code 76-10-912 recognizes the reason for antitrust laws The Legislature finds and discovers that opposition is central to the free market framework and that the over the top association of aggressive strengths will yield the best designation of our financial assets, the most reduced costs, the most astounding quality and the best material advance, while in the meantime giving a situation helpful for the conservation of our majority rule, political, and social establishments. The motivation behind this demonstration is, along these lines, to empower free and open competition in light of a legitimate concern for the general welfare and economy of this state by restricting monopolistic and out of line exchange practices, blends and tricks in limitation of exchange or trade and by giving sufficient punishments to the implementation of its arrangements. Obtainment Best Practices: Agree

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Audit Recommendation Selection of Architect & Construction Services We prescribe that school locale aggressively offer the acquirement of compositional and development administrations for each new outline or development extend. Nine of 21 school locale reviewed (43%) have not satisfactorily cultivated rivalry in obtaining building administrations for extensive buys costing over $80,000. The absence of rivalry can be ascribed to the accompanying practices: not offering each new venture, keeping up the same building firm for various years, tolerating dated prequalified firms, and packaging different tasks.

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Procurement Best Practices Architectural Services Not offering each new venture Architectural Services are Not offered. Design firms are chosen in light of capabilities. Expenses are consulted after determination is made ( 63G-6-701) . A choice ought to be led for Architectural administrations on each venture over the "little acquisition" restrain. Keeping up the same compositional firm for different years A determination ought to be led for Architectural administrations on each venture over the "little obtainment" restrain ( R33-5-530) . Tolerating dated prequalified firms Qualifications for Architects ought to be submitted on each venture or every year for little activities. Packaging different undertakings Bundling of Architect administrations ought to just be utilized for "comparative" sort ventures

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Procurement Best Practices Architectural Services An/E Selected on Qualifications – Fee Negotiated Utah Code 63G-6-701   It is the strategy of this state to openly report all necessities for planner build benefits and to arrange contracts for draftsman design benefits on the premise of exhibited skill and capability for the kind of administrations required, and at reasonable and sensible costs. Explanation of Interest and Qualifications (SOIQ)

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Procurement Best Practices Architectural Services R33-5-530 Small Purchases of Architectural Services When the acquisition of Architect-Engineer Services is assessed to be under $50,000 , the acquirement officer may choose the supplier specifically from either the rundown of firms who have submitted yearly articulations of capabilities and execution information, or from other qualified firms if fundamental. On the off chance that the obtainment is assessed to surpass $50,000 then the determination technique recommended by the accompanying areas [SOIQ] apply. Take note of: Each District ought to check their Small Purchase constrain

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Procurement Best Practices Architects Selected by SOIQ R33-5-560 Request for Statements of Interest A ask for proclamations of intrigue (SOI) should be readied which portrays the state's prerequisites and puts forward the assessment criteria. . . The ask for articulations of intrigue (SOI) should incorporate notice of any gathering to be held and the criteria to be utilized as a part of assessing the announcements of intrigue, capabilities and execution information and choosing firms, including: (a) skill to play out the administrations as reflected by specialized preparing and training, general involvement, involvement in giving the required administrations and the capabilities and fitness of people who might be appointed to play out the administrations. (b) capacity to play out the administrations as reflected by workload and the accessibility of satisfactory staff, hardware, and offices to play out the administrations speedily, and (c) past execution as reflected by the assessments of private people and authorities of other legislative substances that have held the administrations of the firm concerning variables, for example, control of costs, nature of work, and a capacity to meet due dates.

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Procurement Best Practices Architects Selected by SOIQ R33-5-525 Annual Statement of Qualifications and Performance Data (a) the name of the firm and the area of the greater part of its workplaces, particularly demonstrating the foremost place of business, (b) the age of the firm and its normal number of representatives in the course of recent years, (c) the instruction, preparing, and capabilities of individuals from the firm and key representatives, (d) the experience of the firm reflecting specialized capacities & extend involvement, (e) the names of five customers who might be reached, including no less than two for whom administrations were rendered in the most recent year, (f) some other correlated data in regards to capabilities and execution information asked for by the Procurement Officer. A standard shape or organization might be created for these announcements of capabilities and execution information. Firms may alter proclamations of capabilities and execution information whenever by recording another announcement.

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Procurement Best Practices Construction Not offering each new venture 53A-20-101(2)(a) School Districts ought to utilize focused obtainment for new development ventures "if the aggregate evaluated collective building venture cost surpasses $80,000 . Each venture ought to be offered out independently by means of (a) Low Bid, (b) RFP Process, or (c) Multi-Step Sealed Bidding. Packaging unique tasks Bundling ought to just be utilized for "comparable" sort ventures

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Procurement Best Practices Construction R33-3-1 Competitive Sealed Bidding ( Low Bid) Low Bid With Minimum Requirements 5-Years Experience Similar Type of Project References Qualifications/Certifications Acceptable Past Performance Rating Bonding Capability Etc.

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Procurement Best Practices Construction R33-3-201 Use of Competitive Sealed Proposals (RFP) Appropriateness. Focused fixed recommendations might be a more fitting technique for a specific acquisition or sort of obtainment than aggressive fixed offering, after thought of elements, for example, (a) regardless of whether there might be a requirement for cost and administration transaction; (b) whether there might be a requirement for arrangement amid execution of the agreement; (c) whether the relative abilities or mastery of the offerors should be assessed; (d) whether cost is optional to the qualities of the item or administration looked for, as in a show-stopper; and (e) whether the states of the administration, item or conveyance conditions can't be adequately portrayed in the Invitation for Bids. See: State Purchasing's RFP Manual

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Procurement Best Practices Construction R33-3-114 Multi-Step Sealed Bidding Definition. Multi-step fixed offering is a two-stage prepare comprising of a specialized first stage made out of at least one stages in which bidders submit unpriced specialized offers [SOIQ] to be assessed by the obtaining office, and a moment stage in which those bidders whose specialized offers are resolved to be adequate amid the principal stage have their value offers considered. It is intended to get the advantages of focused fixed offering by honor of an agreement to the most reduced responsive, dependable bidder, and in the meantime get the advantages of the aggressive fixed recommendations method through the requesting of specialized offers [SOIQ] and the lead of exchanges to land at specialized offers and terms satisfactory to the buying office and reasonable for aggressive estimating.

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Audit Recommendation Architectural Services We prescribe that school areas actualize the accompanying: Evaluation criteria be weighted to mirror the need of the data requested in . . . . articulation of intrigue and capabilities (SOIQ), taking after the Division of Purchasing rules. R33-5-580 to 650 Evaluation criteria, including the criteria weighting, be plainly expressed in . . . . SOIQs. Concur Criteria be assessed reliably by determination panel individuals based upon a foreordained definition. Concur Architect choice boards of trustees have one part who is very much qualified in the calling of design or building. Concur Selection advisory groups have the essential ability and aptitudes to assess recommendations. Concur Selection board of trustees individuals read and sign a secrecy and irreconcilable situation proclamation. Concur

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Procurement Best Practices Architectural Services R33-5-580 Evaluation of Statements of Interest, Qualifications & Performance Data R33-5-590 Selection of Firms for Discussions R33-5-600 Discussions R33-5-610 Selection of the Most Qualified Firms R33-5-620 Negotiation and Award of Contract R33-5-630 Failure to Negotiate Contract with the Most Qualified Firm R33-5-640 Notice of Award R33-5-650 Failure to Negotiate Contract with Firms Initially Selected as Most Qualified

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Procurement Best Practices Repeat