Title 301 | Chapter 011 | Regulation 020
SUPERSEDED
This document is no longer current.
TOURISM, ARTS AND HERITAGE CABINET
Department of Fish and Wildlife Resources
(New Administrative Regulation)
301 KAR 11:020.Procurement of architectural and engineering services.
Section 1.
Solicitations. A solicitation for architectural or engineering services shall comply with the provisions of KRS 45A.825 and include the following evaluation factors:(1)
Experience and ability:(a)
Experience of key personnel that will be assigned to the project, including principal in charge, project manager, other key professional and technical staff;(b)
Previous projects completed by the firm similar to the proposed project;(c)
Types of projects on which the firm or key personnel have been the prime design professional or provided significant professional design services;(d)
. Qualifications of the proposed project team;(e)
Volume of design work in the last two (2) years.(2)
Past performance:(a)
For the two (2) year period prior to solicitation of services, the ability to design projects within specific project budgets and schedules.(b)
Design performance and experience of firm and key personnel with prior projects of similar scope.(c)
. Construction supervision services and post construction services if relevant.(3)
Existing workload relative to the size of the firm and capacity to perform the project.(4)
Geographical location with respect to the project:(a)
Location of offices of persons that will perform the work.(b)
Size of staff, including professional personnel, in the offices that will perform the work.(c)
Additional evaluation factors and other criteria required by the specific needs and scope of the project as set out in the requests for bids.Section 2.
Prequalification.(1)
In order to submit a response to a request for proposal, an architectural or engineering firm shall be prequalified by Kentucky Department of Fish and Wildlife Resources (KDFWR).(2)
A firm shall prequalify by filing with the department a completed current Federal Architect – Engineer Qualifications Form, Standard Form 330. This form may be submitted concurrently with a response to a request for proposals.(3)
The prime consultant shall be registered in the Commonwealth of Kentucky with the appropriate professional governing body.(4)
Prequalification shall remain valid for the fiscal year in which it was received. To requalify, a firm shall submit an updated Federal Architect – Engineer Qualifications, Standard Form 330.(5)
A firm desiring to be considered for an award as a prime shall provide:(a)
An original certificate of a continuous professional liability policy in an amount not less than $1,000,000 with a response to a request for proposals.(b)
Proof of current Kentucky workers compensation insurance coverage.(6)
A certificate of self-insurance shall not be accepted by the department.Section 3.
Receipt of Proposals.(1)
Proposals shall be received at the designated location prior to the closing time and date for the receipt of proposals indicated in the solicitation or any extension thereof made by addendum. Proposals received after the closing time and date for the receipt of bids shall be considered for evaluation and award only if:(a)
No other bids were received;(b)
The re-advertisement time delay would affect the operations of the department; and(c)
In the reasonable judgment of the purchasing officer, the bid was finalized prior to the official closing time and date for the receipt of bids.(2)
Submittals received that do not conform with the requirements of the solicitation shall be deemed non-responsive.Section 4.
Department Employee Responsibilities. All department personnel engaged in the procurement of engineering, architectural, or related services or the implementation of the provisions of KRS 45A.800 to 45A.835 shall comply with the following:(1)
Consider the interests of the Commonwealth of Kentucky and the department first when contracting for professional services;(2)
Request and accept assistance from other department and state personnel as required without allowing it to impair the dignity and responsibility of the employee's position;(3)
Seek to obtain the maximum value for each dollar spent for professional services;(4)
Strive for honesty and truth in contracting;(5)
Denounce all forms of bribery or favors;(6)
Invite all firms to submit their qualifications for consideration by the department;(7)
Assist other department personnel in the contracting for professional services as necessary; and(8)
Comply with both the letter and the spirit of KRS 45A.340.Section 5.
Selection Committee Evaluations.(1)
Each member of an architectural or engineering services selection committee shall use the project evaluation sheet provided by the department procurement branch in evaluating a firm's proposal.(2)
Upon completion of evaluation of all the responses to a request for proposals, each evaluation committee member shall sign his/her individual project evaluation sheet and shall submit the sheet to the chairperson of the committee. The chairperson of the selection committee shall record the composite score from each individual evaluation sheet on the evaluation summary sheet for the project. The evaluation summary sheet shall be signed by each participating member of the selection committee. This procedure shall also apply to project interview evaluation sheets used during the interview process as required by KRS 45A.825(8).(3)
All evaluation sheets and evaluation summaries for a project shall be maintained by the department procurement branch.Section 6.
Incorporation by Reference.(1)
"Architect-Engineer Qualifications", July 2021 edition, is incorporated by reference.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Fish and Wildlife Resources, #1 Sportsman's Lane, Frankfort, Kentucky, Monday through Friday, 8 a.m. to 4:30 p.m. or online at: https://www.gsa.gov/Forms/TrackForm/32994 for the "Architect – Engineer Qualifications".RICH STORM, Commissioner
APPROVED BY AGENCY: May 15, 2023
FILED WITH LRC: May 15, 2023 at 10:35 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on July 28,2023, at 9:00 a.m., at KDFWR Administration Building, 1 Sportsman’s Lane, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through July 31, 2023. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Jenny Gilbert, Legislative Liaison, Kentucky Department of Fish and Wildlife Resources, 1 Sportsman’s Lane, (502) 564-3400, fax: (502) 564-0506, email: fwpubliccomments@ky.gov
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Jenny Gilbert
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation sets forth procurement procedures necessary for the performance of the department’s duties in accordance with procurement procedures outlined in KRS 45A and the procurement of architectural and engineering ser-vices pursuant to KRS 150.0242 and KRS 45A.800 to KRS 45A.835.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to outline regula-tions for procurement as listed in KRS Chapter 45A and Chap-ter 150, specifically for architectural and engineering services.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation is necessary to comply with state law recently enacted from the 2023 legislative session authorizing the department to outline regulations for procure-ment as listed in KRS Chapter 45A and Chapter 150.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will outline the procedures used by the department for procurement of architectural and engineering services set forth in statute.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
n/a.
(b) The necessity of the amendment to this administrative regulation:
n/a.
(c) How the amendment conforms to the content of the authorizing statutes:
n/a.
(d) How the amendment will assist in the effective administration of the statutes:
n/a.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
Architectural and Engineering firms that respond to KDFWR’s solicitations for architectural and engineering services.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Respond to solicitations with required information.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
No additional cost from previous requirements.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Firms will be able to contract with KDFWR. (5) Provide an estimate of how much it will cost to implement this administrative regulation:
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
No additional cost to the Commonwealth. KDFWR will be doing the work instead of the Finance and Administration Cabinet.
(b) On a continuing basis:
n/a.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
n/a.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
No.
(9) TIERING: Is tiering applied?
No tiering is not being applied, all architectural or engineering firms responding to solicitations will be subject to the same requirements to provide a fair and equitable selection process.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The Finance and Administration Cabinet and KDFWR.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
SB 241(2023), KRS 45A.805, KRS 45A.810, KRS 45A.815, KRS 45A.825, KRS 45A.827, KRS 45A.830, KRS 45A.835, KRS 45A.836, KRS 45A.837, KRS 45A.838, KRS 150.0242, KRS 150.025.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
No additional cost to the Commonwealth. KDFWR will be doing the work instead of The Finance an Administration Cabinet.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
None
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
None
(c) How much will it cost to administer this program for the first year?
No additional cost to the Commonwealth. KDFWR will be doing the work instead of The Finance and Administration Cabinet.
(d) How much will it cost to administer this program for subsequent years?
No additional cost to the Commonwealth. KDFWR will be doing the work instead of The Finance and Administration Cabinet.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
No additional cost to the Commonwealth. KDFWR will be doing the work instead of Finance.
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
No cost savings to the Commonwealth. KDFWR will be doing the work instead of The Finance and Administration Cabinet.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
none
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
none
(c) How much will it cost the regulated entities for the first year?
No additional costs
(d) How much will it cost the regulated entities for subsequent years?
No additional costs
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
No additional costs
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] None.
TOURISM, ARTS AND HERITAGE CABINET
Department of Fish and Wildlife Resources
(New Administrative Regulation)
301 KAR 11:020.Procurement of architectural and engineering services.
Section 1.
Solicitations. A solicitation for architectural or engineering services shall comply with the provisions of KRS 45A.825 and include the following evaluation factors:(1)
Experience and ability:(a)
Experience of key personnel that will be assigned to the project, including principal in charge, project manager, other key professional and technical staff;(b)
Previous projects completed by the firm similar to the proposed project;(c)
Types of projects on which the firm or key personnel have been the prime design professional or provided significant professional design services;(d)
. Qualifications of the proposed project team;(e)
Volume of design work in the last two (2) years.(2)
Past performance:(a)
For the two (2) year period prior to solicitation of services, the ability to design projects within specific project budgets and schedules.(b)
Design performance and experience of firm and key personnel with prior projects of similar scope.(c)
. Construction supervision services and post construction services if relevant.(3)
Existing workload relative to the size of the firm and capacity to perform the project.(4)
Geographical location with respect to the project:(a)
Location of offices of persons that will perform the work.(b)
Size of staff, including professional personnel, in the offices that will perform the work.(c)
Additional evaluation factors and other criteria required by the specific needs and scope of the project as set out in the requests for bids.Section 2.
Prequalification.(1)
In order to submit a response to a request for proposal, an architectural or engineering firm shall be prequalified by Kentucky Department of Fish and Wildlife Resources (KDFWR).(2)
A firm shall prequalify by filing with the department a completed current Federal Architect – Engineer Qualifications Form, Standard Form 330. This form may be submitted concurrently with a response to a request for proposals.(3)
The prime consultant shall be registered in the Commonwealth of Kentucky with the appropriate professional governing body.(4)
Prequalification shall remain valid for the fiscal year in which it was received. To requalify, a firm shall submit an updated Federal Architect – Engineer Qualifications, Standard Form 330.(5)
A firm desiring to be considered for an award as a prime shall provide:(a)
An original certificate of a continuous professional liability policy in an amount not less than $1,000,000 with a response to a request for proposals.(b)
Proof of current Kentucky workers compensation insurance coverage.(6)
A certificate of self-insurance shall not be accepted by the department.Section 3.
Receipt of Proposals.(1)
Proposals shall be received at the designated location prior to the closing time and date for the receipt of proposals indicated in the solicitation or any extension thereof made by addendum. Proposals received after the closing time and date for the receipt of bids shall be considered for evaluation and award only if:(a)
No other bids were received;(b)
The re-advertisement time delay would affect the operations of the department; and(c)
In the reasonable judgment of the purchasing officer, the bid was finalized prior to the official closing time and date for the receipt of bids.(2)
Submittals received that do not conform with the requirements of the solicitation shall be deemed non-responsive.Section 4.
Department Employee Responsibilities. All department personnel engaged in the procurement of engineering, architectural, or related services or the implementation of the provisions of KRS 45A.800 to 45A.835 shall comply with the following:(1)
Consider the interests of the Commonwealth of Kentucky and the department first when contracting for professional services;(2)
Request and accept assistance from other department and state personnel as required without allowing it to impair the dignity and responsibility of the employee's position;(3)
Seek to obtain the maximum value for each dollar spent for professional services;(4)
Strive for honesty and truth in contracting;(5)
Denounce all forms of bribery or favors;(6)
Invite all firms to submit their qualifications for consideration by the department;(7)
Assist other department personnel in the contracting for professional services as necessary; and(8)
Comply with both the letter and the spirit of KRS 45A.340.Section 5.
Selection Committee Evaluations.(1)
Each member of an architectural or engineering services selection committee shall use the project evaluation sheet provided by the department procurement branch in evaluating a firm's proposal.(2)
Upon completion of evaluation of all the responses to a request for proposals, each evaluation committee member shall sign his/her individual project evaluation sheet and shall submit the sheet to the chairperson of the committee. The chairperson of the selection committee shall record the composite score from each individual evaluation sheet on the evaluation summary sheet for the project. The evaluation summary sheet shall be signed by each participating member of the selection committee. This procedure shall also apply to project interview evaluation sheets used during the interview process as required by KRS 45A.825(8).(3)
All evaluation sheets and evaluation summaries for a project shall be maintained by the department procurement branch.Section 6.
Incorporation by Reference.(1)
"Architect-Engineer Qualifications", July 2021 edition, is incorporated by reference.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Fish and Wildlife Resources, #1 Sportsman's Lane, Frankfort, Kentucky, Monday through Friday, 8 a.m. to 4:30 p.m. or online at: https://www.gsa.gov/Forms/TrackForm/32994 for the "Architect – Engineer Qualifications".RICH STORM, Commissioner
APPROVED BY AGENCY: May 15, 2023
FILED WITH LRC: May 15, 2023 at 10:35 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on July 28,2023, at 9:00 a.m., at KDFWR Administration Building, 1 Sportsman’s Lane, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through July 31, 2023. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Jenny Gilbert, Legislative Liaison, Kentucky Department of Fish and Wildlife Resources, 1 Sportsman’s Lane, (502) 564-3400, fax: (502) 564-0506, email: fwpubliccomments@ky.gov
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Jenny Gilbert
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation sets forth procurement procedures necessary for the performance of the department’s duties in accordance with procurement procedures outlined in KRS 45A and the procurement of architectural and engineering ser-vices pursuant to KRS 150.0242 and KRS 45A.800 to KRS 45A.835.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to outline regula-tions for procurement as listed in KRS Chapter 45A and Chap-ter 150, specifically for architectural and engineering services.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation is necessary to comply with state law recently enacted from the 2023 legislative session authorizing the department to outline regulations for procure-ment as listed in KRS Chapter 45A and Chapter 150.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will outline the procedures used by the department for procurement of architectural and engineering services set forth in statute.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
n/a.
(b) The necessity of the amendment to this administrative regulation:
n/a.
(c) How the amendment conforms to the content of the authorizing statutes:
n/a.
(d) How the amendment will assist in the effective administration of the statutes:
n/a.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
Architectural and Engineering firms that respond to KDFWR’s solicitations for architectural and engineering services.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Respond to solicitations with required information.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
No additional cost from previous requirements.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Firms will be able to contract with KDFWR. (5) Provide an estimate of how much it will cost to implement this administrative regulation:
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
No additional cost to the Commonwealth. KDFWR will be doing the work instead of the Finance and Administration Cabinet.
(b) On a continuing basis:
n/a.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
n/a.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
No.
(9) TIERING: Is tiering applied?
No tiering is not being applied, all architectural or engineering firms responding to solicitations will be subject to the same requirements to provide a fair and equitable selection process.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The Finance and Administration Cabinet and KDFWR.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
SB 241(2023), KRS 45A.805, KRS 45A.810, KRS 45A.815, KRS 45A.825, KRS 45A.827, KRS 45A.830, KRS 45A.835, KRS 45A.836, KRS 45A.837, KRS 45A.838, KRS 150.0242, KRS 150.025.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
No additional cost to the Commonwealth. KDFWR will be doing the work instead of The Finance an Administration Cabinet.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
None
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
None
(c) How much will it cost to administer this program for the first year?
No additional cost to the Commonwealth. KDFWR will be doing the work instead of The Finance and Administration Cabinet.
(d) How much will it cost to administer this program for subsequent years?
No additional cost to the Commonwealth. KDFWR will be doing the work instead of The Finance and Administration Cabinet.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
No additional cost to the Commonwealth. KDFWR will be doing the work instead of Finance.
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
No cost savings to the Commonwealth. KDFWR will be doing the work instead of The Finance and Administration Cabinet.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
none
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
none
(c) How much will it cost the regulated entities for the first year?
No additional costs
(d) How much will it cost the regulated entities for subsequent years?
No additional costs
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
No additional costs
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] None.