HomeMy Public PortalAboutExhibit MSD 94F - Qualifications-Based Selection MethodQUALIFICATIONS-BASED SELECTION METHOD
The following is Missouri Law (RSMo Section 8.285 to 8.291) regarding the procurement of professional de-
sign services and its purpose to insure that the State and its political subdivisions receive the most competent pro-
fessional services available, based on demonstrated qualifications for the type of services required. Federal law re-
flects the same procedure and ACEC/MO recommends this procedure to any potential user of design services.
8.285. Policy on contracts for architectural engi-
neering, land surveying services. -- It shall be the
policy of the state of Missouri and political subdivi-
sions of the state of Missouri to negotiate contracts for
architectural, engineering and land surveying services
on the basis of demonstrated competence and qualifi-
cations for the type of services required and at fair
and reasonable prices.
8.287. Definitions. -- As used in sections 8.285 to
8.291 unless the context specifically requires other-
wise:
(1) "Agency" means each agency of the state and
each agency of a political subdivision thereof author-
ized to contract for architectural, engineering and land
surveying services;
(2) "Architectural services" means any service as
defined in section 327.091, RSMo;
(3) "Engineering services" means any service as
defined in section 327.181, RSMo;
(4) "Firm" means any individual, firm, partnership,
corporation, association or other legal entity permitted
by law to practice the profession of architecture, engi-
neering or land surveying and provide said services;
(5) "Land surveying services" means any service
as defined in section 327.272, RSMo;
(6) "Project" means any capitol improvement project
or any study, plan, survey or program activity of a
state agency or political subdivision thereof, including
development of new or existing programs.
8.289. Agencies using services to be furnished
statement of firm's qualifications and perform-
ance data. -- Present provisions of law notwithstand-
ing, in the procurement of architectural, engineering
or land surveying services, each agency which utilizes
architectural, engineering or land surveying services
shall encourage firms engaged in the lawful practice
of their professions to annually submit a statement of
qualifications and performance data to the agency.
Whenever a project requiring architectural, engineer-
ing or land surveying services is proposed for an
agency of the state or political subdivision thereof, the
agency shall evaluate current statements of qualifica-
tions and performance data of firms on file together
with those that may be submitted by other firms re-
garding the proposed project. In evaluating the quali-
fications of each firm the agency shall use the follow-
ing criteria:
(1) The specialized experience and technical compe-
tence of the firm with respect to the type of services
required;
(2) The capacity and capability of the firm to perform
the work in question, including specialized services,
within the time limitations fixed for the completion of
the project;
(3) The past record of performance of the firm with
respect to such factors as control of costs, quality of
work, and ability to meet schedules;
(4) The firm's proximity to and familiarity with the area
in which the project is located.
8.291. Negotiation for contract -- not applicable,
for certain political subdivisions. --
1.The agency shall list three highly qualified firms.
The agency shall then select the firm considered best
qualified and capable of performing the desired work
and negotiate a contract for the project with the firm
selected.
2.For a basis for negotiations the agency shall pre-
pare a written description of the scope of the pro-
posed services.
3.If the agency is unable to negotiate a satisfactory
contract with the firm selected, negotiations with that
firm shall be terminated. The agency shall then under-
take negotiations with another of the qualified firms
selected. If there is a failing of accord with the second
firm, negotiations with such firm shall be terminated.
The agency shall then undertake negotiations with the
third qualified firm.
4.If the agency is unable to negotiate a contract with
any of the selected firms, the agency shall re-evaluate
the necessary architectural, engineering or land sur-
veying services, including the scope and reasonable
fee requirements, again compile a list of qualified
firms and proceed in accordance with the provisions
of sections 8.285 to 8.291.
5.The provisions of sections 8.285 to 8.291 shall not
apply to any political subdivision which adopts a
qualification-based selection procedure commen-
surate with state policy for the procurement of archi-
tectural, engineering and land surveying services.
Exhibit MSD 94F