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H0231...........................................................by BUSINESS
PUBLIC PROJECTS - Amends existing law to clarify procedures for the
selection of professionals providing design services for public projects.
02/14 House intro - 1st rdg - to printing
02/15 Rpt prt - to Bus
03/02 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/07 3rd rdg - PASSED - 59-4-7
AYES -- Barraclough, Bedke, Bell, Bieter, Black, Boe, Bolz, Bradford,
Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow, Cuddy,
Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Gagner, Gould,
Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones,
Kellogg, Kendell, Kunz, Lake, Loertscher, Mader, Marley, Meyer,
Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger,
Roberts, Robison, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone,
Swan, Trail, Wheeler, Young
NAYS -- Barrett, Langford, Tilman, Wood
Absent and excused -- Field(20), McKague, Montgomery, Moss, Sali,
Schaefer, Mr. Speaker
Floor Sponsor -- Gagner
Title apvd - to Senate
03/08 Senate intro - 1st rdg - to Com/HuRes
03/21 Rpt out - rec d/p - to 2nd rdg
03/22 2nd rdg - to 3rd rdg
03/26 3rd rdg - PASSED - 27-5-3
AYES -- Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Danielson,
Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Ingram,
Ipsen, Keough, King-Barrutia, Lee, Lodge, Noh, Richardson, Risch,
Sims, Stennett, Thorne, Wheeler, Williams,
NAYS -- Branch, Hawkins, Schroeder, Stegner, Whitworth
Absent and excused -- Andreason, Sandy, Sorensen
Floor Sponsors -- Davis & Lodge
Title apvd - to House
03/28 To enrol - rpt enrol - Sp signed - Pres signed
03/29 To Governor
04/11 GovernorVETOED
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 231
BY BUSINESS COMMITTEE
1 AN ACT
2 RELATING TO THE SELECTION OF DESIGN PROFESSIONALS, CONSTRUCTION MANAGERS AND
3 PROFESSIONAL LAND SURVEYORS BY PUBLIC ENTITIES; AMENDING SECTION 67-2320,
4 IDAHO CODE, TO CLARIFY PROCEDURES FOR THE SELECTION OF PROFESSIONALS PRO-
5 VIDING DESIGN SERVICES FOR PUBLIC PROJECTS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 67-2320, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 67-2320. PROFESSIONAL SERVICE CONTRACTS WITH DESIGN PROFESSIONALS, CON-
10 STRUCTION MANAGERS AND PROFESSIONAL LAND SURVEYORS. (1) Notwithstanding any
11 other provision of law to the contrary, it shall be the policy of this state
12 that all public agencies and political subdivisions of the state of Idaho and
13 their agents shall make selections for professional engineering, architec-
14 tural, landscape architecture, construction management and professional land
15 surveying services, including services by persons licensed pursuant to chap-
16 ters 3, 12, 30 and 45, title 54, Idaho Code, on the basis of qualifications
17 and demonstrated competence and shall negotiate contracts or agreements for
18 such services on the basis of demonstrated competence and qualifications for
19 the type of services required at fair and reasonable prices.
20 (2) In carrying out this policy, public agencies and political subdivi-
21 sions of the state shall use the following minimum guidelines in securing con-
22 tracts for engineering, architectural, landscape architecture, construction
23 management and land surveying services on projects for which the professional
24 service fee is anticipated to exceed the total sum of twenty-five thousand
25 dollars ($25,000), excluding professional services contracts previously
26 awarded for an associated or phased project, and the expenditure is otherwise
27 exempt from the bidding process provided by law:
28 (a) Encourage persons or firms engaged in the services being solicited to
29 submit statements of qualifications and performance data;
30 (b) Establish and make available to the public the criteria and proce-
31 dures used for the selection of qualified persons or firms to perform such
32 services;
33 (c) Select the persons or firms whom the public agency or political sub-
34 division determines to be best qualified to provide the required services,
35 ranked in order of preference, pursuant to the public agency or political
36 subdivision's established criteria and procedures;
37 (d) Negotiate with the highest ranked person or firm for a contract or
38 agreement to perform such services at a price determined by the public
39 agency or political subdivision to be reasonable and fair to the public
40 after considering the estimated value, the scope, the complexity and the
41 nature of the services;
42 (e) When unable to negotiate a satisfactory contract or agreement, for-
43 mally terminate negotiations and undertake negotiations with the next
2
1 highest ranked person or firm, following the procedure prescribed in sub-
2 section (2)(d) of this section;
3 (f) When unable to negotiate a satisfactory contract or agreement with
4 any of the selected persons or firms, continue with the selection and
5 negotiation process provided in this section until a contract or agreement
6 is reached;
7 (g) When public agencies or political subdivisions solicit proposals for
8 engineering, architectural, landscape architecture, construction manage-
9 ment or land surveying services for which the professional service fee is
10 anticipated to exceed the total sum of twenty-five thousand dollars
11 ($25,000), they shall publish public notice in the same manner as required
12 for bidding of public works construction projects.
13 (h) In fulfilling the requirements of subsections (2)(a) through (2)(g)
14 of this section, a public agency or political subdivision may limit its
15 selection from a list of three (3) persons or firms selected and
16 preapproved for consideration by the public agency or political subdivi-
17 sion. In establishing a preapproved list a public agency or political sub-
18 division shall publish notice as set forth in subsection (2)(g) of this
19 section. When selecting from such list, no notice shall be required.
20 (i) In fulfilling the requirements of subsections (2)(a) through (2)(g)
21 of this section, a public agency or political subdivision may request
22 information concerning a person's or firm's rates, overhead and
23 multipliers, if any, however such information shall not be used by the
24 public agency or political subdivision for the purpose of ranking in order
25 of preference as required in subsection (2)(c) of this section.
26 (3) In securing contracts for engineering, architectural, landscape
27 architecture, construction management or land surveying services on projects
28 for which the professional service fee is anticipated to be less than the
29 total sum of twenty-five thousand dollars ($25,000), the public agency or
30 political subdivision may use the guidelines set forth in paragraphs (a)
31 through (g) of subsection (2) of this section or establish its own guidelines
32 for selection based on demonstrated competence and qualifications to perform
33 the type of services required, followed by negotiation of the fee at a price
34 determined by the public agency or political subdivision to be fair and rea-
35 sonable after considering the estimated value, the scope, the complexity and
36 the nature of services.
37 (4) When a public agency or political subdivision of the state has previ-
38 ously awarded a professional services contract to a person or firm for an
39 associated or phased project the public agency or political subdivision may,
40 at its discretion, negotiate an extended or new professional services contract
41 with that person or firm.
42 (5) Selections and procurements required to be made pursuant to the pro-
43 cedures set forth in this section shall be exempt from the bidding process
44 otherwise provided by law.
45 (6) (a) For the purposes of this section, "public agency" shall mean the
46 state of Idaho and any departments, commissions, boards, authorities,
47 bureaus, universities, colleges, educational institutions or other state
48 agencies which have been created by or pursuant to statute other than
49 courts and their agencies and divisions, and the judicial council and the
50 district magistrate's commission;
51 (b) For the purposes of this section, "political subdivision" shall mean
52 a county, city, airport, airport district, school district, health dis-
53 trict, road district, cemetery district, community college district, hos-
54 pital district, irrigation district, sewer district, fire protection dis-
55 trict, or any other district or municipality of any nature whatsoever hav-
3
1 ing the power to levy taxes or assessment, organized under any general or
2 special law of this state. The enumeration of certain districts herein
3 shall not be construed to exclude other districts or municipalities from
4 this definition.
STATEMENT OF PURPOSE
RS 10991
In 1998, Idaho Code Section 63-2320 was amended to provide for
selection of design professionals on public projects under a
Quality Based Selection (QBS) process rather than a bidding
process. The QBS process is necessary to ensure that work
contracted to design professionals is performed by the most
qualified individuals rather than simply the lowest bidder.
tinder QBS, an agency issues a Request For Proposal (RFP) for the
required services and attempts to negotiate an agreeable fee with
the most qualified proposer. Public safety issues dictate a
review of professional qualifications and not simply an award
based upon a low bid price in order for these contracts to be
appropriately awarded.
There is an ambiguity in the wording of Idaho Code Section 63-
2320 which has caused at least one agency to interpret the
section to apply only to projects specifically exempted from the
bidding laws, an interpretation which was not intended. This
legislation is simply an attempt to clarify the language to
remove the ambiguity.
FISCAL IMPACT
This bill will have no impact on the General Fund. It is a
clarification of existing law.
CONTACT:
Rep. Lee Gagner
(208) 332 1000
Molly Creswell
(208) 388 1200
STATEMENT OF PURPOSE/FISCAL NOTE H 231