Contracting for Professional Services–Architects, Engineers and Land Surveyors

G8.07 Contracting for Professional Services - Architects, Engineers, and Land Surveyors

As a state institution, all professional service contracts involving architects, engineers, and land surveyors (consultants) used by Missouri State University shall be procured, executed, and administered in strict compliance with the statutes and laws of the State of Missouri including, but not necessarily limited to, applicable sections of chapter 8 of the Missouri Revised Statutes as well as any applicable sections of the Code of State Regulations. In addition, all University contracts shall comply with Governing Policy: Contract Authorization, G1.18.

The selection of consultants, negotiation with the selected consultant, and administration of the consultant’s contract shall be the responsibility of Planning, Design and Construction. Definition of the project scope needed for the selection process shall be the responsibility of the University Architect with assistance from Planning, Design and Construction as determined.

Consultants shall be selected based upon their demonstrated qualifications. The criteria to be used to judge the qualifications of the consultant shall include the specialized experience and technical competence of the firm with respect to the type of services required; the capacity and capability of the firm to perform the work in question, including specialized services, within the time limitations fixed for the completion of the project; the past record of performance of the firm with respect to such factors as control of costs, quality of work, and ability to meet schedules; and the firm’s proximity to and familiarity with the area in which the project is located.

Upon selection as the best qualified consultant, Missouri State University will negotiate with the selected firm or individual based upon an agreed scope of work. Should negotiations be unsuccessful with the selected firm or individual, negotiations will be terminated. Missouri State University shall then start negotiations with the second most qualified firm selected for the project. Should those negotiations also fail to reach an acceptable agreement, the negotiations shall be terminated, and the process started with the University’s third highest rated consultant for the project. Once negotiations are terminated, no further negotiations for the project will be allowed. Should negotiations fail with the top three selected firms or individuals for the project, the selection process shall be reevaluated with respect to the necessary services needed for the project including the review of the scope of desired work or services. Once the reevaluation is complete, the University shall again go through the process of determining the best consultants for the project and start the process again.

The Board of Governors, at its discretion, may dispense with qualification-based selection of consultants on University property if a private donor providing all or substantially all (defined as at least 90 percent) of the money for such construction project specifies, as a condition precedent to the donation, the consultant (architect, engineer, and/or land surveyor) to be utilized. In exercising its discretion concerning such donations, the Board of Governors considerations will include, but not necessarily be limited to, the capabilities and prior experience of the consultant with similar projects, the ability of the University to assure that the building meets all applicable standards and codes, any conflicts of interest that may exist for the donor, the consultant, and the ability of the University to assure compliance with all applicable contract terms and laws related to such projects. Any such approval by the Board of Governors to dispense with the qualification-based selection requirements shall be contingent upon the willingness of the specified consultant to agree in writing to comply with standard University contract terms and conditions and to perform such contractual obligations for a specified amount within the specified budget for the project.