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a. Price shall not be used as a factor in the evaluation, ranking, and selection phase. All price <br />or cost related items which include, but are not limited to, cost proposals, direct <br />salaries/wage rates, indirect cost rates, and other direct costs are prohibited from being <br />used as evaluation criteria. <br />b. In -State or local preference shall not be used as a factor in the evaluation, ranking, and <br />selection phase. State licensing laws are not preempted by this provision and professional <br />licensure within a jurisdiction may be established as a requirement for the minimum <br />qualifications and competence of a consultant to perform the solicited services. <br />Refer to Section 5.2.C.1.n. below for additional guidance concerning the use of local <br />presence as a nominal evaluation factor where appropriate. <br />B. Consultant Selection Processes <br />The LPA may use any one of five consultant selection processes permitted by 23 CFR 172 and ORC <br />153.65 —153.71, the use of which depends on the complexity of the project, estimated total fee, the <br />number of available qualified consultants and whether an emergency exists. The Programmatic and <br />Technical Proposal selection processes are competitive qualifications based selection processes <br />governed by 23 CFR 172.7(a)(1) and ORC 153.65 -153.71. These selection processes require solicitation, <br />evaluation, ranking, selection, and negotiation in accordance with the qualifications -based selection <br />procurement procedures for architectural and engineering services codified under 40 U.S.C. 1101-1104, <br />commonly referred to as the Brooks Act or Selection of Architects and Engineers. <br />The Small Purchase selection process is a non-competitive selection process governed by 23 CFR <br />172.7(a)(2) and ORC 153.71(A). Agreements with total fees less than $50,000 are eligible for this <br />selection process. <br />The Emergency and Special Expertise selection processes are non-competitive selection processes <br />governed by 23 CFR 172.7(a)(3) and ORC 153.71. <br />1. Programmatic Selection Process <br />The Programmatic Selection Process is a one step selection process intended to shorten the <br />selection/authorization process for non-complex projects while reducing paperwork and <br />administrative costs for both consultants and the State. In this process consultants are selected <br />based on standard letter of interest content, and a standard Selection Rating Form. The <br />"Programmatic" selection process should be used for most projects that do not meet the criteria <br />for the more elaborate Technical Proposal Selection Process. <br />2. Technical Proposal Selection Process <br />The technical proposal selection process is a two-step process intended for use on larger, more <br />complex projects for which a more informed selection decision can be made based on additional <br />information received through the submittal of a (more elaborate) Technical Proposal, and/or <br />presentations/interviews. The Technical Proposal Selection Process is appropriate to use under <br />the following circumstances: <br />a. Complex projects involving multiple PDP steps and multiple disciplines including planning, <br />environmental and design services. <br />7 <br />