Procurement Code; Design Prof

Requires procurement of design professional services on the basis
of qualifications.  Clarifies selection criteria, making
experience in project type the chief selection criteria by
evaluating past performance.  Establishes ranking of professional
service providers by a selection committee.

THE SENATE                              S.B. NO.           2550
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Chapter 103D, Hawaii Revised Statutes, is
 2 amended by adding a new section to be appropriately designated
 3 and to read as follows:
 4      "103D-     Procurement of design professional services.
 5 (a)  Design professional services as defined in chapter 464 shall
 6 be procured in accordance with this section or sections 103D-305
 7 and 103D-307.  Contracts for design professional services shall
 8 be awarded on the basis of demonstrated competence and
 9 qualification for the type of services required, and at fair and
10 reasonable prices.  Contracts awarded under this section shall be
11 posted electronically within thirty days of award.  For each
12 fiscal year, all contracts awarded under this section by every
13 purchasing agency shall be published statewide at least once.
14      (b)  At least once annually, public notice shall be
15 published statewide requesting persons engaged in providing
16 design professional services to submit current statements of
17 qualifications and expressions of interest to the head of each
18 purchasing agency requiring those services.  Additional notices
19 may be issued if the response to the initial notice is inadequate

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 1 or does not result in adequate representation of available
 2 sources.  The policy office shall specify a uniform format for
 3 statements of qualifications and expressions of interest.
 4 Persons may amend these statements by filing a new statement
 5 prior to the date designated for submission.
 6      (c)  At least annually, the head of each purchasing agency
 7 shall form an initial review committee consisting of a minimum of
 8 three design professionals from the agency or from another
 9 governmental body with licenses for each type of design
10 professional service which may be required.  The committee shall
11 review and evaluate all submissions and other pertinent
12 information, including references and reports, and prepare a list
13 of qualified persons to provide those services.
14      (d)  Whenever during the course of the fiscal year the
15 agency needs a particular design professional service, the head
16 of the purchasing agency shall designate a selection committee to
17 evaluate the statements of qualifications of those persons on the
18 list prepared pursuant to subsection (c).  The selection
19 committee shall consist of a minimum of three persons, at least
20 two-thirds of whom shall be design professional employees in the
21 area of services required.  If the purchasing agency and using
22 agency are different, the committee shall include at least one
23 qualified employee from the using agency.  When the committee

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 1 includes employees from a using agency, the employees shall be
 2 appointed by the head of the using agency.  If qualified
 3 employees are not available from these agencies, the officers may
 4 designate employees of other government bodies.  The selection
 5 committee shall use the following selection criteria in
 6 descending order of importance:
 7      (1)  Experience in the project type;
 8      (2)  Professional qualifications of the staff to be assigned
 9           to the project;
10      (3)  Past performance on projects of similar scope for
11           public agencies and private industry; and
12      (4)  Volume of work previously awarded to the person;
13 and evaluate the submissions of persons on the list prepared
14 pursuant to subsection (c) against the weighted selection
15 criteria.  The committee may conduct confidential discussions
16 with any person who is included on the list prepared pursuant to
17 subsection (c) regarding the services which are required and the
18 services they are able to provide.  In conducting discussions,
19 there shall be no disclosure of information derived from similar
20 proposals submitted by competing offerors.  The committee shall
21 provide the head of the purchasing agency with the names of three
22 ranked persons who the committee concludes are the most qualified
23 to provide the services, along with a summary of their

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 1 qualifications.  The contract file shall contain a copy of the
 2 maximum possible numerical score assigned by the committee to
 3 each selection criteria and the committee's evaluation score for
 4 each of the ranked persons provided to the head of the agency by
 5 the committee.
 6      (e)  The head of the purchasing agency shall evaluate the
 7 summary of qualifications for each of the three persons ranked by
 8 the selection committee and may conduct additional discussions
 9 with any of them.  The head of the purchasing agency shall then
10 ratify the ranking of the selection committee or return a written
11 request for reevaluation including the reasons based on the
12 selection criteria.  After ratification, the head of the
13 purchasing agency shall negotiate a contract with the first
14 ranked person, including a rate of compensation that is fair and
15 reasonable, established in writing, and based upon the estimated
16 value, scope, complexity, and nature of services to be rendered.
17 If a satisfactory contract cannot be negotiated with the first
18 ranked person, negotiations with that person shall be formally
19 terminated and negotiations with the second ranked person in the
20 list shall commence.  Failing accord with the second ranked
21 person, negotiations with the last person on the list shall
22 commence.  If a contract at a fair and reasonable price cannot be
23 negotiated, the screening committee shall be asked to submit the

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 1 names of the next three highest ranked persons for the head of
 2 the purchasing agency to resume negotiations in the same manner
 3 provided in this subsection.  Negotiations shall be conducted
 4 confidentially."
 5      SECTION 2.  Section 103D-304, Hawaii Revised Statutes, is
 6 amended by amending subsection (a) to read as follows:
 7      "(a)  Professional services shall be procured in accordance
 8 with sections 103D-302, 103D-303, 103D-305, 103D-306, or
 9 103D-307, or this section.  Contracts for professional services
10 shall be awarded on the basis of demonstrated competence and
11 qualification for the type of services required, and at fair and
12 reasonable prices.  Design professional services shall be
13 procured as provided in section 103D-   ."
14      SECTION 3.  Statutory material to be repealed is bracketed.
15 New statutory material is underscored.
16      SECTION 4.  This Act shall take effect upon its approval.
18                              INTRODUCED BY:______________________