Section R7-2-1121. Committee Evaluation and Selection

A.      If interviews are specified in the request for qualifications:

1.        The selection committee shall determine the persons to be interviewed by evaluating the statements of qualifications and performance data submitted based solely on the selection criteria and relative weights in the request for qualifications to be used to determine the persons to be interviewed.

2.        If the selection criteria and relative weights to be used by the selection committee to select the persons on the final list or final lists and to determine their order on the final list or final lists are not included in the request for qualifi- cations:

a.         Before the interviews are held the school district shall distribute to the persons to be interviewed the selection criteria and relative weights to be used to

select the persons on the final list and to determine their order on the final list.

b.        These selection criteria and relative weight may be different than the selection criteria and relative weight used to determine the persons to be inter- viewed.

3.        The selection committee shall conduct interviews with the number of persons specified in the request for qualifi- cations.

B.       Based solely on the selection criteria and relative weights for selection of the persons on the final list or final lists and their order on the final list or final lists, the selection committee shall select the persons for the final list or final lists and rank the persons on the final list or final lists in order of preference. If the procurement is for multiple contracts for different speci- fied professional services to be awarded to separate persons, and if a person submitted qualifications for more than one type of specified professional services, the person may be on more than one final list.

C.      Before or at the same time as the school district notifies the highest ranking person on the final list or final lists that it is the highest ranking person, the school district shall send actual notice to each of the following that it is not the highest ranking person or that another person is the highest ranking person:

1.        If interviews were held, the other persons interviewed.

2.        If interviews were not held, the other persons that made submittals.

D.      The school district shall conduct negotiations with persons on the final list or final lists as follows:

1.        The school district shall negotiate a contract with the highest qualified person for the required specified profes- sional services at compensation determined in writing to be fair and reasonable to the school district. Contract negotiations shall be directed toward:

a.         Making certain that the person has a clear under- standing of the scope of the work, specifically, the essential requirements involved in providing the required services;

b.        Determining that the person will make available the necessary personnel and facilities to perform the ser- vices within the required time; and

c.         Agreeing upon compensation that is fair and reason- able.

2.        The negotiations shall include consideration of compen- sation and other contract terms that the school district determines to be fair and reasonable to the school district. In making this decision, the school district shall take into account the estimated value, the scope, the complexity and the nature of the specified professional services to be rendered.

3.        If the procurement is for a single contract, there is one final list and the school district shall enter into negotia- tions with the highest qualified person on the final list. If the school district is not able to negotiate a satisfactory contract with the highest qualified person on the final list, at compensation and on other contract terms the school district determines to be fair and reasonable, the school district shall formally terminate negotiations with that person. The school district shall then undertake negotia- tions with the next most qualified person on the final list in sequence until an agreement is reached or a determina- tion is made to reject all persons on the final list.

4.        If the procurement is for multiple contracts for specified professional services to be awarded to a single person on the final list, there is one final list and the school district shall enter into negotiations with the highest qualified

	person on the final list. If the school district is not able to		$500,000 or less. For such procurements, the school district
	negotiate a satisfactory contract with the highest qualified		shall encourage persons engaged in the lawful practice of the
	person on the final list, at compensation and on other con-		profession to submit annually a statement of qualifications and
	tract terms the school district determines to be fair and		experience.
	reasonable, the school district shall formally terminate	B.	For each procurement of specified professional services under
	negotiations with that person. The school district shall		this Section, the school district shall establish a selection com-
	then undertake negotiations with the next most qualified		mittee pursuant to R7-2-1120.
	person on the final list in sequence until an agreement is	C.	The selection committee shall evaluate current statements of
	reached or a determination is made to reject all persons		qualifications and experience on file with the school district,
	on the final list.		together with those that may be submitted by other persons
5.	If the procurement is for multiple contracts for similar		regarding the procurement.
	specified professional services to be awarded to separate	D.	The  school  district  and   the  selection   committee  shall  not
	persons, there is one final list and the school district shall		request or consider fees, price, man-hours or any other cost
	enter into separate negotiations for contracts with the		information at any point in the selection process under this
	number of the highest qualified persons on the final list		Section, including the selection of the persons to be inter-
	equal to the number of contracts to be awarded. If the		viewed, the selection of persons to be on a final list, in deter-
	school district is not able to negotiate a satisfactory con-		mining the order of preference of persons on a final list or for
	tract with a person with whom the school district has		any other purpose in the selection process, except as provided
	commenced negotiations, the school district shall for-		in subsection (F).
	mally terminate negotiations with that person. The school	E.	If possible and practicable, the selection committee shall con-
	district shall then undertake negotiations for a contract		duct interviews regarding the procurement and the relative
	with the next most qualified person on the final list with		methods of furnishing the required specified professional ser-
	whom the school district is not then negotiating and with		vices and, if possible, shall select, in order of preference and
	whom the school district has not previously negotiated in		based on criteria established and published by the selection
	sequence until an agreement is reached for some or all of		committee, one or more final lists of the persons deemed to be
	the multiple contracts included in the request for qualifi-		the most qualified to provide the specified professional ser-
	cations or a determination is made to reject all persons on		vices required. The selection committee shall base the selec-
	the final list.		tion  of  each  final  list  and  the  order   of  preference   on
6.	If the procurement is for multiple contracts for different		demonstrated competence and qualifications only.
	specified professional services to be awarded to separate		1.     If the procurement is for a single contract or if the pro-
	persons, there is a separate final list for each type of spec-		curement is for multiple contracts to be awarded to a sin-
	ified professional services and the school district shall		gle person, there shall be one final list of three persons.
	enter into separate negotiations for contracts with the		2.     If the procurement is for multiple contracts for different
	number of the highest qualified persons on each final list		specified professional services to be awarded to separate
	equal to the number of contracts to be awarded. If the		persons, there shall be a separate final list of three per-
	school district is not able to negotiate a satisfactory con-		sons for each contract.
	tract with a person with whom the school district has		3.     If the procurement is for multiple contracts for the same
	commenced negotiations, the school district shall for-		specified professional services to be awarded to separate
	mally terminate negotiations with that person. The school		persons, there shall be one final list equal to the number
	district shall then undertake negotiations for a contract		of contracts that may or will be awarded and a number
	with the next most qualified person on the applicable		determined by the school district not to exceed five.
	final list with whom the school district is not then negoti-	F.	The school district shall enter into negotiations with the high-
	ating and with whom the school district has not previ-		est qualified person on each final list or, in the case of a single
	ously  negotiated   in  sequence   until  an  agreement  is		final list for multiple contracts for the same specified profes-
	reached for some or all of the multiple contracts included		sional services to be awarded to separate persons, the school
	in the request for qualifications or a determination is		district shall enter into negotiations with a number of the high-
	made to reject all persons on the final list.		est qualified persons on the final list equal to the number of
7.	If the school district terminates negotiations with a person		contracts that may or will be awarded.
	and commences negotiations with another person on the		1.     Negotiations shall include consideration of compensation
	final list, the school district shall not recommence negoti-		and other contract terms that the school district deter-
	ations or enter into a contract for the specified profes-		mines to be fair and reasonable to the school district. In
	sional services covered by the final list with any person		making this determination, the school district shall take
	with whom the school district terminated negotiations.		into account the estimated value, the scope, the complex-

Historical Note

Adopted effective December 17, 1987 (Supp. 87-4). Sec- tion amended by final exempt rulemaking at 21 A.A.R.

1525, effective July 1, 2015 (Supp. 15-3).