§ 19-11-802 — Annual statements of qualifications and performance data - Restrictions on competitive bidding

(a) In the procurement of professional services, a state agency or political subdivision which utilizes these services may encourage firms engaged in the lawful practice of these professions to submit annual statements of qualifications and performance data to the political subdivision or may request such information as needed for a particular public project. (b) The state agency or political subdivision shall evaluate current statements of qualifications and performance data of firms on file or may request such information as needed for a particular public project whenever a project requiring professional services is proposed. (c) (1) The political subdivision shall not use competitive bidding for the procurement of legal, financial advisory, architectural, engineering, construction management, and land surveying professional consulting services. (2) A political subdivision shall not use competitive bidding for the procurement of other professional services with a two-thirds (2/3) vote of its governing body. (d) (1) A public school district that utilizes construction management services shall encourage construction management firms to submit to the school district annual statements of qualifications and performance data or may request such information as needed for a particular public project. (2) The public school district shall evaluate current statements of qualifications and performance data on file with the school district or when submitted as requested whenever a project requiring professional services of a construction manager is proposed. (3) The public school district shall not use competitive bidding for the procurement of professional services of a construction manager. (e) (1) A request for statements of qualifications and performance data under this section may be used for certain procurements through a request for qualifications other than legal, architectural, engineering, construction management, land surveying, and interior design services if the: (A) State Procurement Director approves the use of a request for qualifications and determines that it is the most suitable method of procurement; and (B) Approval of the director under subdivision (e)(1)(A) of this section is submitted to the Legislative Council for review. (2) In determining whether a request for qualifications under this subsection is the most suitable method of procurement, the director shall consider, based on information submitted by the requesting state agency: (A) Why the request for qualifications is the most suitable method of procurement; (B) Why cost should not be considered in the procurement; and (C) How the cost of the contract will be controlled if cost is not a factor in the procurement.

Legislative History

Amended by Act 2019, No. 419,§ 13, eff. 7/24/2019. Acts 1989, No. 616, § 2; 1995, No. 429, § 2; 1995, No. 1331, § 2; 2003, No. 1315, § 9; 2005, No. 2171, § 2.