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Procurement of design professional services - 62 Pa. Cons. Stat. § 905

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     § 905.  Procurement of design professional services.
        (a)  Applicability.--Design professional services shall be
     procured as provided in this section except as authorized by
     sections 514 (relating to small procurements), 515 (relating to
     sole source procurement) and 516 (relating to emergency
     procurement).
        (b)  Policy.--It is the policy of this Commonwealth to
     publicly announce all requirements for design professional
     services and to award contracts for design professional services
     on the basis of demonstrated competence and qualification for
     the types of services required. There shall be a committee to
     review the qualifications, experience and work of design
     professionals seeking contracts with purchasing agencies.
        (c)  Selection committees for Department of Transportation,
     Department of Environmental Protection, Department of
     Conservation and Natural Resources and State-affiliated
     entities.--Where they are authorized by law to act as purchasing
     agency for design professional services, the Department of
     Transportation, the Department of Environmental Protection, the
     Department of Conservation and Natural Resources and State-
     affiliated entities shall each establish as many selection
     committees as the department deems appropriate and a procedure
     for the selection of committee members.
        (d)  Selection committee for all other Commonwealth
     agencies.--Except as provided for in subsection (c), all
     purchasing agencies shall use the selection committee appointed
     by the Governor which shall be composed of five members, none of
     whom shall be employees of the Commonwealth or hold any elective
     office or office in any political party. The members shall be
     architects, engineers or other persons knowledgeable in
     construction. The members shall serve for terms of two years and
     shall not be removed except for cause. Of the original members,
     three shall serve for terms of two years and two for terms of
     one year. Thereafter, all terms shall be for two years. Each
     member shall be reimbursed for reasonable travel and other
     expenses incurred incident to attendance at meetings and to
     assigned duties and also a per diem allowance in accordance with
     Commonwealth travel policies.
        (e)  Procedure for selection committees.--The selection
     committees shall use the procedure set forth in this subsection:
            (1)  The committee shall give public notice of projects
        requiring design services and publicly recommend to the
        purchasing agency three qualified design professionals for
        each project.
            (2)  If desired, the committee may conduct discussions
        with three or more professionals regarding anticipated design
        concepts and proposed methods of approach to the assignment.
        The committee shall select, based upon criteria established
        by the head of the purchasing agency, no less than three
        design professionals deemed to be the most highly qualified
        to provide the services required. In exercising its
        responsibility, the committee shall consider the following
        factors:
                (i)  An equitable distribution of contracts to design
            professionals.
                (ii)  Particular capability to perform the design or
            construction services for the contract being considered.
                (iii)  Geographic proximity of the design
            professional to the proposed facility.
                (iv)  The design professional selected has the
            necessary available personnel to perform the services
            required by the project.
                (v)  Any other relevant circumstances peculiar to the
            proposed contract.
        (f)  Design professionals.--Except as provided for in
     subsection (g), the head of the purchasing agency shall select
     design professionals as follows:
            (1)  Where the amount of the base construction allocation
        is less than $20,000,000, the head of the purchasing agency
        shall choose one of the three firms approved by the selection
        committee. The fee to be paid to the appointed design
        professional may be established by the selection committee or
        may be negotiated at the discretion of the head of the
        purchasing agency. The $20,000,000 threshold shall be
        adjusted by the department to reflect the annual percentage
        change in the Composite Construction Cost Index of the United
        States Department of Commerce occurring in the one-year
        period ending December 31 each year.
            (2)  Where the amount of base construction allocation is
        in excess of or equal to $20,000,000, as annually adjusted,
        the head of the purchasing agency shall choose one of the
        three firms approved by the selection committee to begin
        contract negotiations. The fee to be paid to the design
        professional and the terms of the contract between the design
        professional and the department shall be negotiated by the
        head of the purchasing agency. In negotiating the contract
        and the fee, the head of the purchasing agency shall take
        into account the estimated value, scope, complexity,
        uniqueness and the professional nature of the services to be
        rendered. In the event the head of the purchasing agency is
        unable to negotiate a satisfactory contract or fee with the
        appointed design professional, negotiations with that design
        professional shall be terminated, and the head of the
        purchasing agency shall commence negotiations with one of the
        other firms chosen by the selection committee. In the event
        the head of the purchasing agency is unable to negotiate a
        satisfactory contract or fee with the second firm, the head
        of the purchasing agency shall terminate negotiations with
        the second design professional and commence negotiation with
        the third firm. In the event the head of the purchasing
        agency is unable to negotiate a satisfactory contract with
        any of the selected firms, the selection committee shall
        choose additional qualified firms, and the head of the
        purchasing agency shall continue negotiations in accordance
        with this subsection until an agreement is reached.
        (g)  Selection method for Department of Transportation,
     Department of Conservation and Natural Resources, Department of
     Environmental Protection and State-affiliated entities.--In the
     event the Department of Transportation, the Department of
     Conservation and Natural Resources, the Department of
     Environmental Protection or a State-affiliated entity otherwise
     authorized by law to use its own selection committee requires
     the services of a design professional, the head of the
     purchasing agency or a State-affiliated entity shall choose one
     of the three firms approved by the selection committee. The head
     of the purchasing agency or a State-affiliated entity shall
     negotiate with the firm determined to be the highest qualified
     firm for design professional services at a fee which is
     determined to be fair and reasonable to the Commonwealth. In
     making this decision, the head of the purchasing agency shall
     take into account the estimated value, scope, complexity and
     professional nature of the services to be rendered. Should the
     head of the purchasing agency be unable to negotiate a
     satisfactory contract with the firm considered to be the most
     qualified at a fee he determines to be fair and reasonable to
     the Commonwealth, negotiations with that firm shall be formally
     terminated. The head of the purchasing agency shall then
     undertake negotiations with the firm he determines to be the
     second highest qualified firm. Failing accord with the second
     most qualified firm, the head of the purchasing agency shall
     formally terminate negotiations and then undertake negotiations
     with the third highest qualified firm. Should the head of the
     purchasing agency be unable to negotiate a satisfactory contract
     with any of the selected firms, the committee shall select
     additional qualified firms, and the head of the purchasing
     agency shall continue negotiations in accordance with this
     section until an agreement is reached.

        Cross References.  Section 905 is referred to in sections
     322, 511, 907, 3756 of this title.

Last modified: November 27, 2007