ODNR DIRECTIVE - CONSULTANT SELECTION

Scope

These procedures shall be followed for the selection of all Architect/ Engineer/ Landscape Architect/Surveyor consultants to perform professional design services for Department of Natural Resources projects. Any and all professional design services including special services or studies provided by architects, landscape architects, professional engineers, and professional surveyors shall be covered by these procedures. As used herein, "Professional Design Services" means all services, including construction observation and administration, within the scope of practice of an architect or landscape architect registered under Chapter 4703 of the Revised Code or a professional engineer or professional surveyor registered under Chapter 4733 of the Revised Code.

Procedures

Selection Procedures - General

1. For any project with an estimated professional design services fee of $25,000 or more, the procedures established in Sections 153.65 through 153.70 of the Revised Code and in Chapter 1501-3 of the Administrative Code shall be followed in the selection of Architect/Engineer consultants for the required professional design services.
2. For any project with an estimated professional design services fee of less than $25,000, the procedures established herein shall apply. The definitions and prequalification requirements set forth in rules 1501-3-01 and 1501-3-02 of the Administrative Code, respectively, shall apply to the following Selection Process for Small Projects. For any project determined by the Director to be an emergency requiring immediate action, this process will be modified as necessary.

Selection Process for Small Projects (Fee $10,000 or more, but less than $25,000

1. For every professional design services contract with an estimated fee of $10,000 or more but less than $25,000, a committee convened by the Director shall review and evaluate, using pre-established project criteria, the statements of qualifications on file of the professional design firms determined to be prequalified under rule 1501-3-02 of the Administrative Code for the type of services required.
2. The committee shall issue a list of at least three firms rated fully-qualified to perform the required services. Upon written notification to the Director that fewer than three qualified firms are available, those firms shall be listed.
3. A statement of the scope of services required will be sent to each listed firm with a request for submission of a technical capability proposal, in a format established by the Department of Natural Resources, by a specified date and time.
4. The committee shall review the technical capability proposals, and evaluate and rank the firms submitting the technical capability proposals. The committee may interview the firms in the process of review and evaluation. If interviews are held, the committee must interview all firms submitting technical capability proposals. The committee shall then identify the firm determined to be most qualified to provide the required professional design services and so notify the Director.
5. The Director shall ask the firm determined to be most qualified to submit a fee proposal for the project. The firm may submit a revised technical capability proposal with its fee proposal.
6. A contract shall be negotiated with the firm selected to perform the required services at a compensation determined, in writing, to be fair and reasonable to the State. Contract negotiations shall be directed as specified in paragraph (I) of rule 1501-3-05 of the Administrative Code.
7. Upon failure to negotiate a contract with the firm ranked most qualified, the firm shall be informed, in writing, of the termination of negotiations. A fee proposal shall then be requested from the firm ranked next most qualified and negotiations shall proceed with that firm. If negotiations again fail, the same procedure shall be followed with each next most qualified firm ranked pursuant to paragraph D of this process, in order of ranking, until a contract is negotiated or the list of fully-qualified firms is exhausted.
8. Should there be a failure to negotiate a contract with any of the firms submitting technical capability proposals, the process specified herein, beginning with the requirements of paragraph A, shall be repeated until a contract is negotiated (See NOTE).

Selection Process for Small Projects (Fee less than $10,000)

1. If the professional design services contract has an estimated fee of less than $10,000, a committee convened by the Director shall review and evaluate, using pre-established project criteria, the statements of qualifications on file of the professional design firms determined to be prequalified under rule 1501-3-02 of the Administrative Code for the type of services required. The committee shall select a list of not more than three firms rated fully-qualified to perform the required services.
2. The committee shall contact each listed firm, and determine the capability of each firm to perform the required services in a timely manner. As a result of the interviews, the committee shall rank the firms and notify the Director of the firm determined to be most qualified to provide the required services.
3. The selection process including contract negotiations shall then follow the procedure prescribed in paragraphs E through G herein. If a contract cannot be negotiated with any of the ranked firms, the process identified in paragraphs I and J herein shall be repeated until a contract is negotiated (See NOTE).

NOTE: All ODNR contract approval and State Controlling Board procedures and requirements shall be met in executing negotiated contracts.

Areas of Responsibility

While the procedures designate the Chief Engineer as the recipient of statements of qualifications of professional design firms desiring to be prequalified to provide services, all chiefs are responsible to assure compliance with these procedures. To assure uniformity, the Division of Engineering shall develop the formats for score sheets and technical capability proposals. Since all contracting for such services is performed by the Division of Engineering, the Division of Mines and Reclamation, or the Division of Water, I am hereby designating, as provided in the procedures and in rule 1501-3-01, the following persons as the "Director's designee" for implementation of the procedures:

• For Division of Mines and Reclamation projects, the Chief, Division of Mines and Reclamation.

• For Division of Water projects, the Chief, Division of Water.

• For all capital improvements and other projects, the Chief Engineer.

Selection Committee

To assure uniform application of these procedures, the Director shall chair the selection committee which shall include the respective Deputy Director for the Division of Engineering, Mines and Reclamation, or Water and the Chief Engineer as supplemented by the staff performing the technical reviews pursuant to rule 1501-3-05 or the Selection Process for Small Projects. For Reclamation projects, the Chief, Division of Mines and Reclamation, also shall serve on the selection committee; for Water projects, the Chief, Division of Water, also shall serve on the selection committee.

Project Announcements

The announcement of all projects requiring professional design services with fees of $25,000 or more shall be made through the "Ohio Register" published by the Department of Administrative Services. All announcements shall be submitted to the Division of Engineering for coordination with and transmittal to DAS for publication in the "Ohio Register." Exceptions for announcement through newspaper advertisement or other means as necessitated by the timing of "Ohio Register" publications must be approved by the Chief Engineer.