The Vermont Statutes Online

Title 19 : Highways

Chapter 001 : State Highway Law; General Transportation Provisions

• § 10a. Procurement of engineering and design services through competitive negotiation

  (a) For purposes of this section, “competitive negotiation” means a method of procurement where proposals are requested from a number of sources and either a fixed-price or cost-reimbursable type contract is awarded, as appropriate.

  (b) Contracts for program management, construction management, feasibility studies, preliminary engineering, design engineering, surveying, mapping, or architectural-related services with respect to projects subject to the provisions of section 111(a) of the Surface Transportation and Uniform Relocation Assistance Act of 1987, Pub. L. No. 100-17, as may be amended, may be awarded by competitive negotiation.

  (c) If competitive negotiation is used, the following requirements shall apply:

  (1) Proposals shall be solicited from an adequate number of qualified sources to permit reasonable competition, consistent with the nature and requirements of the procurement. All qualified sources may submit a proposal. The request for proposals shall be publicized.

  (2) The request for proposal shall identify all significant evaluation factors, including price or cost where required and their relative importance.

  (3) The Agency shall provide mechanisms for technical evaluation of the proposals received, determinations of responsible offerors for the purpose of written or oral discussions, and selection for contract award.

  (4) Award may be made to the responsible offeror whose proposal will be most advantageous to the Agency, price and other factors considered. Unsuccessful offerors should be notified promptly. (Added 1987, No. 91, § 9, eff. June 22, 1987; amended 2021, No. 20, § 78.)