Current through Register Vol. 63, No. 12, December 1, 2024
(1)
Definition. A "Mixed Contract" is a Contract related to a Procurement that will
include some combination of Goods, Services, Personal Services, Architectural,
Engineering, Photogrammetric Mapping, Transportation Planning, Land Surveying
Services or Related Services that is potentially subject to the rules in
chapter731, divisions 147, 148 and 149, which will be classified as a Goods
Contract, a Services Contract, a Personal Services Contract, an Architectural,
Engineering, Photogrammetric Mapping, Transportation Planning, Land Surveying
Services Contract, a Related Services Contract, or other kind of Contract
according to the predominant purpose of the Contract.
(2) Predominant Purpose. A Mixed Contract's
predominant purpose is determined by whether the majority of the amounts paid
or received under the Contract will be for a particular kind of service
(Personal Services, Architectural, Engineering, Photogrammetric Mapping,
Transportation Planning and Land Surveying Services, Related Services, some
other kind of Service) or for Goods.
(3) Application of the Mixed Contract
Concept.
(a) ODOT will process a Mixed
Contract using the statutes and rules applicable to the Contract's predominant
purpose.
(b) If the majority of the
amount to be paid under the Contract is for Architectural, Engineering,
Photogrammetric Mapping, Transportation Planning, Land Surveying Services, ODOT
shall comply with the requirements of ORS
279C.110 and division 148 of these Rules. If the majority of the amount to be paid under
the Contract is for Related Services as defined in ORS
279C.100(8),
ODOT shall comply with the requirements of ORS
279C.120 and division 148 of these Rules.
(c) Design-build Contracts involve the
Procurement of both design and construction services for public improvements
under one Contract. Under most circumstances, design-build Contracts are Mixed
Contracts with the predominant purpose of construction of the public
improvement. If the predominant purpose of the Contract is to obtain
Architectural, Engineering, Photogrammetric Mapping, Transportation Planning,
Land Surveying Services or Related Services, selection may proceed under ORS
279C.100 through
279C.125 and the OAR 731-148 rules. Otherwise, the selection process will require an
exemption from competitive bidding under ORS
279C.335,
if non-price factors will be evaluated during the procurement process. If it
becomes apparent during the course of a procurement process that a design-build
Contract solicited with a predominant purpose to obtain Architectural,
Engineering, Photogrammetric Mapping, Transportation Planning, Land Surveying
Services or Related Services in fact involves a predominant purpose to obtain
construction of a public improvement, ODOT shall cancel the solicitation and
proceed using laws and rules applicable to construction of a public
improvement.
Statutory/Other Authority: ORS
184.619,
279A.065(6)(a)
& 279A.070
Statutes/Other Implemented: ORS
279A.050(3)
