Chapter Adm 20

Adm 20.09   Contract processing.

Adm 20.10   Performance reporting.

Adm 20.01 Adm 20.01 Authority.

Adm 20.01(1) (1) Section 16.004, Stats., empowers the department of administration to adopt rules for administering the department and performing the duties assigned to it.

Adm 20.01(2) (2) These rules shall apply whenever the department of administration exercises its powers and duties prescribed in s. 16.85, Stats., to award and contract to a private architect/engineer who will be retained to provide professional services to the state of Wisconsin.

Adm 20.01 History History: Cr. Register, August, 1979, No. 284, eff. 9-1-79.

Adm 20.02 Adm 20.02 Definitions. In this chapter:

Adm 20.02(1) (1) “Approval” means the written or electronic procedure for evaluation and acceptance.

Adm 20.02(2) (2) “Architect/engineer” means a member of the design profession, registered under ch. 443, Stats., and is meant to refer to either an architect or an engineer, whichever is appropriate. The term shall apply to an individual or firm which provides architectural or engineering services, or both, and is not intended to impose the requirement of both registrations on an individual or individuals within a design firm.

Adm 20.02(3) (3) “Architect/engineer data record form” means a form upon which architects/engineers shall provide specific data requested by the department which will facilitate evaluation of architect/engineer eligibility, performance capabilities, experience, personnel and staff and statistics on past and present projects.

Adm 20.02(4) (4) “Architect/engineer proposal” means those documents submitted by an architect/engineer, indicating interest in providing professional services to the state for a specific project. The documents may include a fully executed architect/engineer data record form, a tentative schedule to include the method and staff that would be employed to meet the requirements of the proposed projects and such other materials as requested by the selection committee in the advertisement for architect/engineer proposals.

Adm 20.02(5) (5) “Department” means the department of administration. This also includes any organizational entity of the department of administration, which is assigned the responsibility for providing and supervising the architectural and engineering services performed by, or for, the state, as provided for in s. 16.85, Stats.

Adm 20.02(6) (6) “Eligible architect/engineer” means an architect/engineer who meets or exceeds the following criteria in order to be considered by the selection committee for a project:

Adm 20.02(6)(a) (a) Has more than one architect/engineer as a responsible member of the firm.

Adm 20.02(6)(b) (b) Has been in business for a period of not less than 3 years.

Adm 20.02(6)(c) (c) Has a permanent office within Wisconsin, where responsible direction of all services will be based. Out-of-state firms will be considered when the selection committee determines there are no Wisconsin firms qualified or available to provide the services required.

Adm 20.02(6)(d) (d) Has been responsible for the design and substantial completion of a similar project with a total construction cost or size of at least 50% as large as the construction cost or size of the project under consideration.

Adm 20.02(6)(e) (e) For construction projects less than $1,000,000 or when it becomes apparent to the selection committee that a project is of such a size or has such unique characteristics that special architect/engineer project responsibility is warranted, the selection committee, by vote, may set appropriate standards of acceptability different from pars. (a), (b) and (d).

Adm 20.02 Note Note: The department will post additional information regarding selection committee requirements for projects at the time of project advertising. Additional information regarding selection committee policy and procedures maybe be obtained at the department website, www.doa.state.wi.us/dsf.

Adm 20.02(7) (7) “Selection committee” means a standing group composed of 5 state employees appointed by the secretary of the department of administration including one who shall also be designated as chairperson, and a minimum of 3 who shall be registered architects/engineers. The agency for which the project is to be constructed will be requested to appoint 2 representatives to serve as additional members on the committee for the selection of an architect/engineer for that project. If after appropriate notice, the agency fails to have any representative at the selection committee meeting, such absence shall be considered a waiver of their vote on the architect/engineer selection for that project. Each committee member shall have one vote.

Adm 20.02 History History: Cr. Register, August, 1979, No. 284. eff. 9-1-79; CR 05-069: r. and recr. Register May 2006 No. 605, eff. 6-1-06.

Adm 20.03 Adm 20.03 Convening of selection committee.

Adm 20.03(1) (1) At the call of the chairperson, or the chairperson’s designee, the selection committee shall convene for the purpose of initiating and carrying out the process of selecting architects/engineers for projects approved by the state building commission.

Adm 20.03(2) (2) An agenda will be furnished to the selection committee prior to their meeting to allow committee members an opportunity to obtain background information. The agenda shall provide the following information:

Adm 20.03(2)(a) (a) Project identification

Adm 20.03(2)(b) (b) Estimated project budget

Adm 20.03(2)(c) (c) Extent to which project may proceed as authorized by the Wisconsin state building commission.

Adm 20.03(2)(d) (d) Status of program requirements for the project.

Adm 20.03(2)(e) (e) Other pertinent project information.

Adm 20.03(3) (3) The selection committee shall be responsible for reviewing the requirements of each project and the qualifications of architect/engineers and recommending the selection of an architect/engineer considered to be the most appropriate for each project.

Adm 20.03(4) (4) The chairperson of the selection committee, or the chairperson’s designee, may nominate an architect/engineer for emergency projects approved by the governor under s. 16.855 (16) (b) 2., Stats., without solicitation or selection committee action. The chairperson, or chairperson’s designee, shall notify the selection committee of any emergency nomination action at the next scheduled selection committee meeting.

Adm 20.03 History History: Cr. Register, August, 1979, No. 284, eff. 9-1-79; CR 05-069: am. (1); cr. (2) (e) and (4) Register May 2006 No. 605, eff. 6-1-06.

Adm 20.04 Adm 20.04 Selection procedures.

Adm 20.04(1) (1) When selecting an architect/engineer for a project when the estimated project cost is less than $5,000,000, the selection committee may utilize the simplified selection by nomination procedure specified in s. Adm 20.05.

Adm 20.04(2) (2) When selecting an architect/engineer for a project that has an estimated project cost of $5,000,000 or more, the selection committee shall require the more detailed procedure for selection by advertisement, review and interview as specified in ss. Adm 20.06, 20.07 and 20.08.

Adm 20.04 History History: Cr. Register, August, 1979, No. 284, eff. 9-1-79; CR 05-069: am. (1) and (2) Register May 2006 No. 605, eff. 6-1-06.

Adm 20.05 Adm 20.05 Selection by nomination.

Adm 20.05(1) (1) The department shall solicit for architects/engineers by posting an advertisement for the project on the department’s official website. The advertisement shall include a project description, proposed budget, schedule and a contact name for questions during the solicitation period. Architects/engineers who are interested in a project may submit a letter of interest through the website for review by the selection committee.

Adm 20.05(2) (2) An architect/engineer responding to the project solicitation shall provide all of the following information in the letter of interest:

Adm 20.05(2)(a) (a) Completed and updated architect/engineer data record form, if one has not previously been provided.

Adm 20.05(2)(b) (b) List of similar projects the architect/engineer has, at minimum, substantially completed, including approximate project square footage or cost of project.

Adm 20.05(2)(c) (c) Architect’s/engineer’s proposed staff and subconsultants for the project.

Adm 20.05(2)(d) (d) Schedule indicating when the architect/engineer can begin project work.

Adm 20.05(2)(e) (e) Any other pertinent information indicating the architect’s/engineer’s qualifications and experience.

Adm 20.05(3) (3) The department shall make copies of the data record forms and the submitted architect/engineer letters of interest available to the selection committee for consideration for each project.

Adm 20.05(4) (4) The selection committee’s evaluation of all interested architects/engineers shall also give consideration to the qualification criteria stated in s. Adm 20.07 (3).

Adm 20.05(5) (5) The selection committee shall submit its first and second recommendations for selection of an architect/engineer to the secretary of the department, or the secretary’s designee, accompanied with justification supporting their recommendations.

Adm 20.05(6) (6) The selection committee shall keep the minutes of the selection committee meeting and shall record the name of the architects/engineers considered for each project and the action taken by the selection committee and justification supporting the selection committee recommendations.

Adm 20.05(7) (7) The secretary of the department, or the secretary’s designee, shall consider the selection committee’s recommendations, and inform the selection committee of the approval or disapproval of the recommended architect/engineer.

Adm 20.05(8) (8) The department shall repeat the selection process if the secretary of the department, or the secretary’s designee, does not accept the selection committee’s recommendations.

Adm 20.05(9) (9) When the selection of an architect/engineer has been finalized, the department shall establish a time and date for the architect/engineer to meet with the department’s designated representative to negotiate a contract. If negotiations with the selected architect/engineer firm do not reach consensus, negotiations may be initiated with the second qualified architect/engineer firm as determined by the selection committee.

Adm 20.05(10) (10) The department shall post the results of the selection on the department’s official website.

Adm 20.05(11) (11) If at any time during the selection process the department determines submitted materials misrepresent qualifications, the department may reject the letter of interest of a recommended architect/engineer.

Adm 20.05 Note Note: The Wisconsin Department of Administration Division of State Facilities official website is www.doa.state.wi.us/dsf. Forms, publications and information regarding architect/engineer selection and proposed projects may be obtained from this website.

Adm 20.05 History History: Cr. Register, August, 1979, No. 284, eff. 9-1-79; CR 05-069: r. and recr. Register May 2006 No. 605, eff. 6-1-06.

Adm 20.06 Adm 20.06 Selection by advertisement.

Adm 20.06(1) (1) For all projects having an estimated project cost of 5,000,000 or more, an invitation for architects/engineers to submit proposals for consideration by the selection committee, shall be published in a class 2 notice under ch. 985, Stats., in the official state newspaper. The notice shall contain as a minimum the following information:

Adm 20.06(1)(a) (a) Project title and location.

Adm 20.06(1)(b) (b) Identity of owner.

Adm 20.06(1)(c) (c) Architect/engineer qualification requirements.

Adm 20.06(1)(d) (d) Description of services required.

Adm 20.06(1)(e) (e) Project description, estimated project budget and schedule.

Adm 20.06(1)(f) (f) Location where proposals will be received and the date and time receipt of proposals will close.

Adm 20.06(1)(g) (g) Criteria used in ranking architects/engineers to qualify for the interview process.

Adm 20.06(1)(h) (h) Other information pertinent to the solicitation regarding the qualifications of the architect/engineer firm.

Adm 20.06(2) (2) In addition to the class 2 notice required in sub. (1), the department may solicit and advertise for proposals by, but not restricted to, either or both of the following methods:

Adm 20.06(2)(a) (a) An invitation for proposals may be placed in trade publications, or newspapers within the locale of the project, which would have the potential of reaching prospective architects/engineers.

Adm 20.06(2)(b) (b) An invitation for proposal may be mailed directly to potential architects/engineers, if such measure is deemed necessary to assure an adequate number of interested architects/engineers available for consideration by the selection committee.

Adm 20.06 History History: Cr. Register, August, 1979, No. 284, eff. 9-1-79; CR 05-069: am. (1) (intro.), r. and recr. (1) (c) and (e), cr. (1) (g) and (h) Register May 2006 No. 605, eff. 6-1-06.

Adm 20.07 Adm 20.07 Eligibility and qualification review.

Adm 20.07(1) (1) Proposals received from architects/engineers will be opened by the selection committee after the date and time set forth in the advertisement.

Adm 20.07(2) (2) The first phase of the review shall be directed to establishing eligible architects/engineers, as defined in s. Adm 20.02 (4), by screening the information provided in the architects/engineers data record form submitted with each proposal.

Adm 20.07(3) (3) Proposals submitted by those architects/engineers meeting eligibility criteria shall then be reviewed for the following qualification criteria:

Adm 20.07(3)(a) (a) Past performance on projects for which the architect/engineer has been responsible.

Adm 20.07(3)(b) (b) Production capabilities.

Adm 20.07(3)(c) (c) Current workload of state projects under contract by the architect/engineer.

Adm 20.07(3)(d) (d) Experience or specialization in the type or function of the project being considered.

Adm 20.07(3)(e) (e) Geographic proximity.

Adm 20.07(3)(f) (f) Other information pertinent to the review of architect/engineer qualifications.

Adm 20.07(4) (4) Consideration may be given to associations consisting of 2 or more architect/engineer firms organized for the purposes of furnishing professional services as a single entity, providing the assignment of and provisions for continuity of the various responsibilities within the association are approved by the selection committee and further providing that the combination of the qualifications of the individual firms constituting the association makes the team eligible for selection as defined in s. Adm 20.02 (4) and the qualification requirements indicated in sub. (3). Those firms that are party to an association that are invited to interview in accordance with s. Adm 20.08 (1) shall submit at the interview an executed draft association agreement in principal between the parties. Firms that are party to an association, selected in accordance with s. Adm 20.08 (6), shall submit a final executed association agreement between the parties prior to execution of a contract in accordance with s. Adm 20.09. The association agreement shall indicate how responsibilities will be shared, how tasks will be divided and the firms or individuals that will be assigned the responsibilities and tasks.

Adm 20.07(5) (5) Upon completion of the review, all architects/engineers who submitted a proposal will be notified of the review results.

Adm 20.07 History History: Cr. Register, August, 1979, No. 284, eff. 9-1-79; CR 05-069: cr. (3) (f), am. (4) Register May 2006 No. 605, eff. 6-1-06.

Adm 20.08 Adm 20.08 Interview.

Adm 20.08(1) (1) Those architects/engineers deemed to be the best qualified, shall be notified and date and time shall be arranged for them to appear before the selection committee for the purpose of presenting their understanding of the scope of services required and their proposed method of meeting the program, including appropriateness and adherence to project budget and schedule. A copy of the evaluation form and interview questionnaire used by the selection committee will be furnished to the architect/engineer at least 10 days prior to their scheduled appearance.

Adm 20.08(2) (2) During the architect/engineer presentations, selection committee members will be free to ask pertinent questions of the architect/engineer. Each member of the selection committee shall independently complete a pre-developed evaluation form on each architect/engineer appearing before the panel.

Adm 20.08(3) (3) Upon completion of architect/engineer presentations, the selection committee will discuss the overall conclusions derived from presentations and independently complete the evaluation forms.

Adm 20.08(4) (4) The selection committee’s recommendation for selection shall be the 2 architect/engineer firms receiving the highest scores.

Adm 20.08(5) (5) The selection committee will submit their first and second recommendation for selection of an architect/engineer to the secretary of the department or the secretary’s designee.