CHAPTER 21-I DEPARTMENT OF ADMINISTRATIVE SERVICES
Certain State Contracts
Section 21-I:22
21-I:22 Selection of Engineers, Architects, and Surveyors. –
I. As used in this section:
(a) "Agency" means any executive department, commission, board, institution, bureau, office, or other agency of state government, by whatever name called, that uses, disburses, expends, or receives any state funds, but excluding the university system of New Hampshire.
(b) "Engineering, architectural, and surveying services" includes those professional services of an engineering, architectural or surveying nature, as well as incidental services that members of these professions and those in their employ may logically and justifiably perform.
(c) "Members of these professions" means any individual, firm, partnership, corporation, association or other legal entity permitted by law to practice in this state the professions of engineering, architecture, or surveying.
II. The general court hereby declares that it shall be the policy of the state and its agencies to negotiate contracts for engineering, architectural, and surveying services on the basis of demonstrated competence and qualifications for the type of professional services required, and at fair and reasonable prices.
III. All state agencies, when seeking professional services, shall publish a request for proposals or, when a definite scope of work is not yet defined, a request for qualifications for each project for which engineering, architectural, or surveying services are to be procured.
IV. Each agency engaging these professional services shall prepare a description of its procedures for procurement of architectural, engineering or surveying services. These descriptions shall be distributed to interested professionals subject to the provisions of this section. The agency, for each proposed project, shall publish a request for qualifications (RFQ) or request for proposals (RFP) and shall review and consider the qualifications after receiving qualifications or proposals. The agency shall then establish a short list of not less than 3 firms. The agency shall, for purposes of negotiation, arrange the firms deemed to be best qualified in order of preference as determined in accordance with the prescribed procedures of the agency. An interview may be held with the short list firms or, in the case of selection based on an RFQ and where the scope of work has been further defined, detailed technical proposals may be requested.
V. The agency shall negotiate a contract with the highest qualified firm for architectural, engineering, or surveying services at compensation which the agency determines is fair and reasonable to the state. In making such determination, the agency shall take into account the estimated value, scope, complexity, and professional nature of the services to be rendered.
VI. Should the agency be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, at a price determined to be fair and reasonable to the state, negotiations with that firm should be formally terminated. The agency should then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the agency should terminate negotiations. The agency should then undertake negotiations with the third most qualified firm.
VII. Should the agency be unable to negotiate a satisfactory contract with any of the selected firms, the agency shall select additional firms in order of their competence and qualification and continue negotiations in accordance with this section until an agreement is reached.
VIII. Once negotiations have been completed and the agency has had its contract approved by the governor and council, all proposals submitted for a project shall become available for public review.
Source. 1985, 399:1. 1992, 127:1, eff. June 30, 1992.