§ 13-113. Negotiated competitive proposal process.
A. The Osage Casinos shall utilize the competitive negotiation procedures prescribed in this law for procurement of professional services, such as architectural, engineering, surveying services, and construction manager at risk whereby competitors are selected, subject to negotiation of fair and reasonable compensation.
B. Procuring construction management, construction manager at risk contracts, owner’s representation, architectural and engineering services must comply with the following process:
1. A request for qualifications (RFQ) shall be prepared and submitted by the requisitioning agent to the Director of Facilities. Upon approval of the RFQ by the Director of Facilities, the RFQ shall be submitted to the Procurement Officer for procurement.
2. The Procurement Officer shall prepare the publication and notify the appropriate entities as identified in this law of the time and location for submission of statements of qualifications.
3. Statements of qualifications are received and stored by the Procurement Officer on the date, time, and location identified in the RFQ.
C. Evaluation of qualifications shall be as follows:
1. The Director of Facilities shall select no more than six qualified persons to participate in the selection process, one of which shall represent the Requisitioning Agent.
2. All statements of qualifications shall be rated by the selection committee as established in the RFQ rating criteria.
3. The Procurement Officer shall rank all firms based on the selection committee’s rating in an effort to establish the short list of qualified applicants.
4. The Osage Casinos Director of Facilities may negotiate directly with the highest ranked firm.
5. The Director of Facilities may elect to interview the short listed firms.
6. Negotiations shall be as follows:
a. The Director of Facilities shall start negotiations with the highest ranking firm from the RFP selection process.
b. If the Director of Facilities and designated team are unable to negotiate a satisfactory contract with the highest ranking firm, then negotiations may cease with the highest ranking firm and negotiations should commence with the second ranked firm until a successful contract is obtained. Negotiations may continue with the tertiary firm if negotiations fail with the secondary vendor. If the Director of Facilities is unable to obtain a contract after exhausting negotiations with all short listed firms then the project shall be readvertised. ONCA 19-36, eff. Apr. 25, 2019.