14-75.004: Consultant Competitive Selection Process
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment will be to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.
SUMMARY: This rule addresses the procurement of professional services; however, there is no specific rulemaking authority to adopt this rule.
Other Rules Incorporating This Rule: N/A
Effect On Those Other Rules: N/A
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: Based upon an economic impact analysis, the agency has determined that this rule will not have an adverse impact on small business and will not increase regulatory costs by $200,000 in the aggregate within one year. A SERC has not been prepared by the agency. In addition, the agency has determined that the rule(s) will not require legislative ratification pursuant to Section 120.541(3), Florida Statutes.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 334.044(2), 837.06 FS.
LAW IMPLEMENTED: 287.055, 337.105 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Deanna R. Hurt, Assistant General Counsel and Clerk of Agency Proceedings, (850)414-5382, deanna.hurt@dot.state.fl.us.. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Deanna R. Hurt, Assistant General Counsel and Clerk of Agency Proceedings, Florida Department of Transportation, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0458, (850)414-5382, deanna.hurt@dot.state.fl.us
THE FULL TEXT OF THE PROPOSED RULE IS:
14-75.004 Consultant Competitive Selection Process.
Selection of professional consultants by the Department shall be in accordance with the provisions enumerated below.
(1) Notice.
(a) Except when there is a public emergency certified by the Secretary of Transportation, the Department shall provide notice whenever it requires professional services for a project, the basic construction cost of which is estimated by the Department to be more than the threshold amount in Section 287.017, F.S., for category five, or when the fee for professional services for a fixed capital outlay study or planning activity exceeds the threshold amount provided in Section 287.017, F.S., for category two. The Department will provide the foregoing notice at its Internet address (http://www.dot.state.fl.us/procurement/). A project may include the following:
1. Professional services associated with a specifically identified project.
2. A grouping of professional service assignments for substantially similar activities where the grouping of assignments provides advantage to the Department because of the geographic proximity of the existing or proposed transportation facilities involved, or use of shared resources for multiple projects, or to allow multiple use of a single design concept.
3. Miscellaneous minor professional services, performed on a task assignment basis. The total contract fee may not exceed $1,500,000 and individual assignments may not exceed $300,000. However, these limits may be exceeded due to unplanned cost increases.
4. Professional services of a general consultant, which include the administration, support, and management of engineering, architectural, surveying, planning, or right of way acquisition and appraisal activities.
(b) The notice shall contain time frames for submittal of a letter of response, a general description of the project, including where a detailed description may be obtained, the Department district and county where the project is located, a list of the major types of work, an indication as to whether the project is considered a minor project for qualification purposes, and a description of the means by which interested consultants can apply for consideration. Projects that do not conform to the prequalified types of work shall be advertised requesting any interested consultant to submit a Letter of Qualification. Consultants responding to advertisements for such non-standard types of work do not need to possess previous qualification.
(2) Response to Advertisement and Selection.
(a) Professional consultants who desire work with the Department shall timely submit a maximum of a two page letter of response, or a letter of qualification, to the Department whenever they feel qualified to perform projects for which notice has been provided in accordance with paragraph (1)(a). To be considered for selection, the letter of response or letter of qualification must be received in the format and by the date specified in the advertisement and will include a list of all affiliates as defined in Section 337.165(1)(a), F.S. Only one letter of response/qualification will be considered from any consultant firm.
(b) After receipt of a letter of response, or letter of qualification, the Department shall review the submittal and verify that the consultant possesses current qualification with the Department to perform the major type(s) of work specified in the advertisement. In order to be considered for selection, any consultant which does not possess current qualification to perform the major type(s) of work specified in the advertisement shall submit a completed Request for Qualification Package, including the required overhead audit (if applicable), on or before the date letters of response are due. A qualified consultant may use a qualified sub-consultant to meet the requirements of the major type(s) of work for which it is not currently qualified when responding to advertisements. The Department will not be obligated to delay any part of the consultant selection process or the execution of a contract for a consultant who has not been qualified for the major types of work or who cannot provide the required documentation prior to the process of selection.
(c) If fewer than three consultants respond to the advertisement, the Department shall review its list of firms prequalified for the major type(s) of work advertised, and select no fewer than ten prequalified firms (or all prequalified firms if fewer than 10 are prequalified) deemed to be the most highly qualified, based on the criteria in Section 287.055(4)(b), F.S. The Department shall then contact each of the listed consultants and conduct similar discussions concerning the project.
(d) When the fee for professional services is less than the threshold amount provided in Section 287.017, F.S., for category two, or when the Departments estimated basic construction cost is less than the threshold amount provided by Section 287.017, F.S., for category five, the Department may request, review, and approve the technical qualifications of the selected consultant if the consultant is not currently qualified in the requested type of work.
(e) Selection of consultants will be in accordance with Section 287.055, F.S.
Rulemaking Specific Authority 334.044(2), 837.06 FS. Law Implemented 287.055, 337.105 FS. HistoryNew 6-30-73, Amended 3-24-77, 6-30-83, 10-21-85, Formerly 14-75.04, Amended 3-29-89, 1-2-91, 9-29-92, 2-22-94, 8-5-96, 2-12-98, 8-2-01, 4-29-03, 5-15-06, Repealed________.
