KRS 164A.590: Contracting for architectural and engineering services.

(1) In the procurement of architectural and engineering services, the governing board of

the institution shall encourage firms engaged in the lawful practice of their

profession to submit an annual statement of qualifications and performance data.

(2) When the need for architectural and engineering services arise for specific projects,

the governing board shall evaluate current statements of qualifications and

performance data on file with the Commonwealth, together with those that may be

submitted by other fir ms and shall conduct discussions with no less than three (3)

firms regarding anticipated design concepts and the relative utility of alternative

methods of approach for furnishing the required services, and after applying the

reciprocal preference for resi dent bidders under KRS 45A.494, shall then select

therefrom, in order of preference, based upon criteria established and published, no

less than three (3) of the firms deemed to be the most highly qualified to provide the

services required.

(3) The governing board shall negotiate a contract with the highest qualified firm for

architectural and engineering services at compensation which the governing board

determines in writing to be fair and reasonable to the Commonwealth. In making

this decision, the governing board shall take into account the estimated value of the

services to be rendered, the scope, complexity, and professional nature thereof.

Should the governing board be unable to negotiate a satisfactory contract with the

firm considered to be the most qualified, at a price it determines to be fair and

reasonable to the institution, negotiations with that firm shall be formally

terminated. The governing board shall then undertake negotiations with the second

most qualified firm. Failing accord with the second most qualified firm, the

governing board shall formally terminate negotiations with that firm. The governing

board shall then undertake negotiations with the third most qualified firm. Should

the governing board be unable to negotiate a satisfactory contract with any of the

selected firms, it shall select additional firms in order of their competence and

qualification and the governing board shall continue negotiations in accordance

with this section until an agreement is reached.