Chapter 153:2-1 Professional Design Services
(A) The definitions set forth in section 153.65 of the Revised Code are incorporated in these rules by reference.
(B) "Agency" means any department, board, commission, authority, office, or bureau of this state or state-supported institution of higher education.
(C) "Professional design firm" means any person legally engaged in rendering professional design services.
(D) "Professional design services" means services within the scope of practice of an architect or landscape architect registered under Chapter 4703. of the Revised Code or a professional engineer or surveyor registered under Chapter 4733. of the Revised Code.
(E) "Qualifications" means all of the following:
(1) Competence of the professional design firm to perform the required professional design services as indicated by the technical training, education, and experience of the firm's personnel, especially the technical training, education, and experience of the employees within the firm who would be assigned to perform the services;
(2) Ability of the firm in terms of its workload and the availability of qualified personnel, equipment, and facilities to perform the required professional design services competently and expeditiously;
(3) Past performance of the firm as reflected by the evaluations of previous clients with respect to such factors as control of costs, quality of work, and meeting of deadlines;
(4) Other similar factors.
(A) Prequalification requirements for professional design firms seeking to provide services shall require each prequalified firm to maintain a current statement of qualifications on file.
(B) The prequalification requirements shall be based on:
(1) Past performance and current performance on state and other contracts and on;
(A) Conduct a pre-design phase for all contracts available for professional design services in order to determine the project scope of services and requirements, the project schedule, the conceptual schematic design, the project budget, and, if appropriate, soil boring and testing, and other analyses.
(B) Upon completion of the pre-design phase, the project shall be announced.
(1) The announcement of the project requirements and scope of services shall be made in a uniform and consistent manner in advance of the time that proposals are received.
(2) The announcement shall include a description of the project, a statement of the specific professional design services required, and a description of the qualifications required for the project.
(3) The announcement shall indicate how qualified professional design firms may submit a proposal or statement of qualifications in order to be considered for a contract to design the project.
(4) The announcement shall be sent to either of the following:
(a) Each professional design firm that has a current statement of qualifications on file and is qualified to perform the required, professional design services;
(b) Architect, landscape architect, engineer, and surveyor trade associations, the news media, and any publications or other public media deemed appropriate.
(5) The announcement can be in the form of a bulletin called the "Ohio Department of Transportation Register". Such bulletin shall include the following:
(a) Proposed requests for design services, with a description of the project, a statement of the specific professional design services required, and a description of the qualifications required for the project;
(b) For each design services project, the list of firms selected pursuant to paragraph (C) of rule 153:2-1-05 of the Administrative Code;
(c) Notice of awards of contracts for design services, including fees;
(d) Notice of awards for construction contracts.
(A) Professional design firms shall submit a statement of qualifications on standard form 255 or in any standard format as may be established by the Ohio department of transportation
(B) Each professional design firm shall be responsible for updating its statement of qualifications at regular intervals.
(C) Statements of qualifications of professional design firms presently on file that are not updated and current shall not be automatically reviewed and evaluated for upcoming projects.
(A) For every professional design services contract, the statements of qualifications for professional design firms shall be reviewed and evaluated, upon submission.
(B) A committee convened by the director of transportation shall review and evaluate the statement of qualifications using a pre-established project criteria.
(C) The committee shall issue a list of no fewer than three firms, and preferably five firms, rated qualified to perform the required services. Upon written notification to the director of transportation or designee that fewer than three qualified firms are available, those firm(s) shall be selected.
(D) A scope clarification meeting shall be conducted with the firms listed. The discussions shall be designed to further explore the scope and nature of the services required, the various technical approaches the firms may take toward the project, unique project requirements, the project schedule, the conceptual schematic design, and the project budget. Depending on the unique nature of the project, the meeting may include a physical site visit. Any questions must be resolved at this meeting and shared with all participants, precluding any further contact with the committee.
(E) The firms will be asked to supplement their statement of qualifications with a technical proposal in accordance with the final scope of services and project requirements as may have been clarified at the scope clarification meeting.
(F) Each professional design firm requested to submit a technical proposal shall be informed of the date, time and location for such submittals.
(G) The director of transportation shall convene an evaluation committee which shall review the technical proposal and interview the firms.
(H) The committee shall evaluate, select and rank all the firms which were interviewed (no fewer than three) and determined to be the most qualified to provide the required professional design services based on their qualifications and technical proposals.
(I) Upon written notification to the director of transportation or designee that fewer than three qualified firms are available, those firm(s) shall be selected and ranked.
(J) If one firm is determined to be most qualified, the committee shall notify the director of transportation, and shall ask the firm to submit a lump sum fee proposal. If more than one firm is determined to be equally most qualified, then each firm shall be asked to submit a lump sum fee proposal. The firm(s) may submit a revised technical proposal.
(K) The firm submitting the lowest fee proposal shall be determined to be most qualified. A contract shall be negotiated with the firm ranked most qualified to perform the required services at a compensation determined, in writing, to be fair and reasonable to the state.
(L) Contract negotiations shall be directed toward:
(1) Ensuring that the professional design firm and the using agency have a mutual understanding of the essential requirements involved in providing the required services, including meeting established total project budget;
(2) Determining that the firm will make available the necessary personnel, equipment and facilities to perform the services within the required time;
(3) Agreeing upon compensation which is fair and reasonable, taking into account the estimated value, scope, complexity and nature of the services.
(M) Upon negotiation of the contract with the firm ranked most qualified, a controlling board request to make expenditures under contract shall be prepared and submitted under section 127.16 of the Revised Code, if applicable.
(N) Upon failure to negotiate a contract with the firm ranked most qualified, the firm shall be informed, in writing, of the termination of negotiations. Negotiations shall proceed with the firm ranked next most qualified. If negotiations again fail, the same procedure shall be followed with each next most qualified firm selected and ranked pursuant to paragraph (H) of this rule, in order of ranking, until a contract is negotiated.
(O) Should there be a failure to negotiate a contract with any of the firms selected pursuant to paragraph (H) of this rule, additional firms shall be selected and ranked as follows:
(1) From the list the comittee issued pursuant to paragraph (C) of this rule, or;
(2) Pursuant to paragraph (A) of this rule, or;
(3) The entire project may be re-announced pursuant to rule 153:2-1-03 of the Administrative Code.
Upon selection, negotiations shall continue as with the firms selected and ranked initially until a contract is negotiated.
These rules do not apply to any of the following:
(A) Any project with an estimated professional design fee of less than twenty-five thousand dollars.
(B) Any project determined by the director of the department of transportation or designee to be an emergency requiring immediate action including, but not limited to, any projects requiring multiple contracts let as part of a program requiring a large number of professional design firms of the same type.
(C) Any agency that is not empowered by law to contract for professional design services.