R907. Transportation, Administration.R907-66. Procurement of Consultant Services - Procedures and Contract Administration.
R907-66-1. Authority and Purpose.
(1) Authority. The Department of Transportation (the "Department") makes this rule under Subsections 63G-6a-107.7(5) and 72-1-201(1)(h).
(2) Purpose. This rule establishes requirements and procedures for procuring engineering and engineering-related services, and administering the attendant contracts.
R907-66-2. Definitions.
The following definitions apply:
(1) "Brooks Act" means a commonly used term for the Federal Property and Administrative Services Act of 1949, Public Law 92--582, 86 Stat. 1278 (1972) and 40 U.S.C. Chapter 11, Sections 1101 through 1104.
(2) "Competitive negotiation" means any form of negotiation that utilizes qualifications-based procedures complying with the Brooks Act.
(3) "Consultant" means an individual expert or firm the Department contracts with to perform professional services as may be necessary to the planning, progress, and completion of any design, engineering, and engineering-related services.
(4) "Desk review" means a process that includes a limited-scope examination of a Consultant's original source financial documentation and communication to provide reasonable assurance the Consultant has not materially misstated costs, and the Consultant's financial documentation complies with FAR Part 31 and 2 CFR Part 200.
(5) "The Division" means the Consultant Services Division of the Department of Transportation.
(6) "Engineering," "the practice of engineering," and "professional engineering" mean the same as the terms are defined in Subsection 58-22-102(9)(a).
(7) "Engineering-Related Services" means other professional services, including project-related public involvement, right of way acquisition services, transportation research, asset management, prototype development, technology transfer, technical writing, or other services as deemed necessary by the executive director or designee.
(8) "FAR" means Federal Acquisition Regulations, Title 48, Code of Federal Regulations.
(9) "Federal-aid highway funds" means funds authorized by Congress to assist the Department in providing for the construction, reconstruction, and improvement of highways and bridges on eligible federal-aid highway routes and other special-purpose programs and projects.
(10) "Financial Screening" means the process performed by the Department's Consultant Services Division under 23 CFR 172.11 to review financial and entity data submitted annually by Consultants and subconsultants. This process will determine financial viability and establish or maintain the ability to contract with the Department for engineering and engineering-related services.
(11) The "Manual" means the Consultant Services Manual, which is maintained by the Department's Consultant Services Division. This Manual provides details beyond federal and state codes, federal regulations, and this rule.
(12) "Qualifications-based selection" or "QBS" means that procurement process defined in the Brooks Act, 40 U.S.C. Sections 1101 through 1104.
(13) "Risk Assessment" is the equivalent of Risk-based Analysis as defined in Subsection 23 C.F.R. 172.11(c)(2).
R907-66-3. Qualifications-based Selection of Consultants for Design, Engineering and Engineering-related Services.
The Department will perform qualifications-based selection procedures, including competitive negotiations to procure, manage, and administer contracts with Consultants and other professional services.
R907-66-4. Incorporation by Reference of Applicable Federal Law.
To receive grants of federal-aid highway funds, the Department must comply with applicable federal law. Therefore, the Department incorporates by reference the following federal regulations for both federal and state funded projects:
(1) 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
(2) FAR Part 31, Contract Cost Principles and Procedures.
(3) 23 CFR 1.11, Engineering Services.
(4) 23 CFR 1.33, Conflicts of Interest.
(5) 23 CFR 172, Procurement, Management, and Administration of Engineering and Design Related Service Contracts.
R907-66-5. Prequalified Pools.
The Division will establish pools of prequalified Consultants for various work disciplines to perform services for the Department following the Section 63G-6a-507 Approved vendor list procurement process.
R907-66-6. Small Purchase Contracts.
(1) Section 63G-6a-506 grants the Department authority to make rules governing small purchases of any procurement item.
