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<br />exceeds $5,000, except in cases of valid public emergencies so certified by the
<br />agency head. Public notice shall include a general description of the project
<br />and shall indicate how interested consultants can apply for consideration.
<br />(b) Each agency shall encourage firms engaged in the lawful practice of their
<br />profession who desire to provide professional services to the agency to submit
<br />annually a statement of qualifications and performance data. - -
<br />(c) Any firm or individual desiring to provide professional services to the
<br />agency must first be certified by the agency as qualified pursuant to law and the
<br />regulations of the agency. The agency shall make a finding that the firm or
<br />individual to be employed is fully qualified to render the required service.
<br />Among the factors to be considered in making this finding are the capabilities,
<br />adequacy of personnel, past record, and experience of the firm or individual.
<br />(d) Each agency shall adopt administrative procedures for the evaluation of
<br />professional services, including, but not limited to, capabilities, adequacy of
<br />personnel, past record and experience, and such other factors as may be determined
<br />by the agency to be applicable to its particular requirements.
<br />(e) The public shall not be excluded from the proceedings under this section.
<br />(4) COMPETITIVE SELECTION.—
<br />(a) For each proposed project, the agency shall evaluate current statements of
<br />qualifications and performance data on file with the agency, together with those
<br />that may be submitted by other firms regarding the proposed project, and shall
<br />conduct discussions with, and may require public presentations by, no less than
<br />three firms, regarding their qualifications, approach to the project, and ability
<br />to furnish the required service.
<br />(b) The agency shall select, in order of preference, no less than three firms
<br />deemed to be most highly qualified to perform the required services after consider-
<br />ing such factors as the ability of professional personnel, past performance,
<br />willingness to meet time and budget requirements, location, recent, current, and
<br />projected work loads of the firms, and the volume of work previously awarded to the
<br />firm by the agency, with the object of effecting an equitable distribution of
<br />contracts among qualified firms, provided such distribution does not violate the
<br />principle of selection of the most highly qualified firms.
<br />(c) This subsection shall not apply to a professional service contract for a
<br />project whose basic construction cost is estimated by the agency to be $100,000
<br />or less or for a planning or study activity when the fee for professional services
<br />is $5,000 or less.
<br />(d) Nothing in this act shall be construed to prohibit continuing contracts
<br />between firm and agency.
<br />(5) COMPETITIVE NEGOTIATION. --
<br />(a) The agency shall negotiate a contract with the most qualified firm for
<br />professional services at compensation which the agency determines is fair, competi-
<br />tive, and reasonable. In making such determination the agency shall conduct a
<br />detailed analysis of the cost of the professional services required in addition
<br />to considering their scope and complexity. For all lump -sum or cost -plus -a -fixed -
<br />fee professional service contracts over $50,000, the agency shall require the firm
<br />receiving the award to execute a truth -in -negotiation certificate stating that
<br />wage rates and other factual unit costs supporting the compensation are accurate,
<br />complete, and current at the time of contracting. Any professional service -
<br />contract under which such a certificate is required shall contain a provision that
<br />the original contract price and any additions thereto shall be adjusted to exclude
<br />any significant sums by which the agency determines the contract price was increased
<br />due to inaccurate, incomplete, or noncurrent wage rates and other factual.unit costs.
<br />All such contract adjustments shall be made within 1 year following the end of the
<br />contract.
<br />(b) Should the agency be unable to negotiate a satisfactory contract with the
<br />firm considered to be the most qualified at a price the agency determines to be
<br />fair, competitive, and reasonable, negotiations with that firm shall be formally
<br />terminated. The agency shall then undertake negotiations with the second most
<br />qualified firm. Failing accord with the second most qualified firm, the agency
<br />shall terminate negotiations. The agency shall then undertake negotiations with
<br />the third most qualified firm.
<br />(c) Should the agency be unable to negotiate a satisfactory contract with any
<br />of the selected firms, the agency shall select additional firms in order of their
<br />competence and qualification and continue negotiations in accordance with this
<br />subsection until an agreement is reached.
<br />(6) PROHIBITION AGAINST CONTINGENT FEES. --
<br />(a) Each contract entered into by the agency for professional services shall
<br />contain a prohibition against contingent fees as follows: "The architect (or
<br />registered land surveyor or professional engineer, as applicable) warrants that he
<br />has not employed or retained any company or person, other than a bona fide
<br />employee working solely for the architect (or registered land surveyor, or
<br />professional engineer, as applicable) to solicit or secure this agreement and that
<br />JUN
<br />9 '�84 BOOS 5I PAGE J41
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