Current through Register Vol. 63, No. 3, March 1, 2024
(1) Contracting Agencies may enter into a
Contract directly with a Consultant without following the selection procedures
set forth elsewhere in these rules if:
(a)
Emergency. Contracting Agency finds that an Emergency exists; or
(b) Small Estimated Fee. The Estimated Fee to
be paid under the Contract does not exceed $100,000; or
(c) Continuation of Project With Intermediate
Estimated Fee. For Contracting Agencies where a Project is being continued, as
more particularly described below, and where the Estimated Fee will not exceed
$250,000, the Architectural, Engineering, Photogrammetric Mapping,
Transportation Planning or Land Surveying Services or Related Services to be
performed under the Contract must meet the following requirements:
(A) The services consist of or are related to
Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or
Land Surveying Services or Related Services that have been substantially
described, planned or otherwise previously studied in an earlier Contract with
the same Consultant and are rendered for the same Project as the Architectural,
Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying
Services or Related Services rendered under the earlier Contract;
(B) The Estimated Fee to be made under the
Contract does not exceed $250,000; and
(C) The Contracting Agency used either the
formal selection procedure under OAR 137-048-0220 (Formal Selection Procedure)
or the formal selection procedure applicable to selection of the Consultant at
the time of original selection to select the Consultant for the earlier
Contract; or
(d)
Continuation of Project With Extensive Estimated Fee. For Contracting Agencies
where a Project is being continued, as more particularly described below, and
where the Estimated Fee is expected to exceed $250,000, the Architectural,
Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying
Services or Related Services to be performed under the Contract must meet the
following requirements:
(A) The services
consist of or are related to Architectural, Engineering, Photogrammetric
Mapping, Transportation Planning or Land Surveying Services or Related Services
that have been substantially described, planned or otherwise previously studied
under an earlier Contract with the same Consultant and are rendered for the
same Project as the Architectural, Engineering, Photogrammetric Mapping,
Transportation Planning or Land Surveying Services or Related Services rendered
under the earlier Contract;
(B) The
Contracting Agency used either the formal selection procedure under OAR
137-048-0220 (Formal Selection Procedure) or the formal selection procedure
applicable to selection of the Consultant at the time of original selection to
select the Consultant for the earlier Contract; and
(C) The Contracting Agency makes written
findings that entering into a Contract with the Consultant, whether in the form
of an amendment to an existing Contract or a separate Contract for the
additional scope of services, will:
(i)
Promote efficient use of public funds and resources and result in substantial
cost savings to the Contracting Agency; and,
(ii) Protect the integrity of the Public
Contracting process and the competitive nature of the Procurement by not
encouraging favoritism or substantially diminishing competition in the award of
the Contract.
(2) Contracting Agencies may select a
Consultant for a Contract under this rule from the following sources:
(a) The Contracting Agency's list of
Consultants that is created under OAR 137-048-0120 (List of Interested
Consultants; Performance Record);
(b) Another Contracting Agency's list of
Consultants that the Contracting Agency has created under OAR 137-048-0120
(List of Interested Consultants; Performance Record), with written consent of
that Contracting Agency; or
(c) All
Consultants offering the required Architectural, Engineering, Photogrammetric
Mapping, Transportation Planning or Land Surveying Services or Related Services
that the Contracting Agency reasonably can identify under the
circumstances.
(3) As
part of the Contracting Agency's assessment of the qualifications of any
Consultant being considered for award of a Contract under this rule, the
Contracting Agency can, at any time before entering into a contract with the
Consultant, consider information pertaining to whether the Consultant owes a
liquidated and delinquent debt to the State of Oregon.
(4) The Contracting Agency shall direct
Contract negotiations with a Consultant selected under this rule toward
discussing, refining and finalizing the following:
(a) The specific scope of Architectural,
Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying
Services or Related Services to be provided by the Consultant;
(b) The Consultant's performance obligations
and performance schedule;
(c)
Payment methodology, Consultant's rates and number of hours, and a maximum
amount payable to the Consultant for the Architectural, Engineering,
Photogrammetric Mapping, Transportation Planning or Land Surveying Services or
Related Services required under the Contract that is fair and reasonable to the
Contracting Agency, as determined solely by the Contracting Agency, taking into
account the value, scope, complexity and nature of the Architectural,
Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying
Services or Related Services; and
(d) Any other conditions or provisions the
Contracting Agency believes to be in the Contracting Agency's best interest to
negotiate.
Statutory/Other Authority: ORS
279A.065, OL 2011 & ch
458
Statutes/Other Implemented: ORS 279C110 & 279C.115, OL
2011 & ch 458