Current through Register Vol. 63, No. 3, March 1, 2024
(1) ODOT shall Award a Contract for
Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or
Land Surveying Services, and Related Services following the applicable selection
procedures under OAR 731-148-0200 (Direct Appointment Procedure), OAR
731-148-0205 (Small Purchase Procedure) or OAR 731-148-0220 (Formal Selection
Procedure).
(2) ODOT is not required
to follow the procedures in section (1) of this rule, when ODOT has established
Price Agreements with more than one Consultant and is selecting a single
Consultant to perform Architectural, Engineering, Photogrammetric Mapping,
Transportation Planning or Land Surveying Services or Related Services under an
individual work order. Provided, however, the criteria and procedures ODOT uses
to select a single Consultant, when ODOT has established Price Agreements with
more than one Consultant, must meet the requirements of OAR 731-148-0270 (Price
Agreements).
(3) ODOT may solicit and
use pricing policies, pricing Proposals, or other pricing information when
procuring:
(a) Related Services; and
(b) Engineering, Photogrammetric Mapping,
Transportation Planning or Land Surveying Services under sections (a) and (b) of
OAR 731-148-0200 (Direct Appointment Procedure).
(4) As required by ORS
279C.307, pertaining to
requirements to ensure the objectivity and independence of providers of certain
Personal Services which are procured under ORS chapter 279C, ODOT may not:
(a) Procure the Personal Services identified in
ORS 279C.307 from a Contractor or an
affiliate of a Contractor who is a party to the Public Contract that is subject
to administration, management, monitoring, inspection, evaluation or oversight by
means of the Personal Services; or
(b) Procure the Personal Services identified in
ORS 279C.307 through the Public
Contract that is subject to administration, management, monitoring, inspection,
evaluation or oversight by means of the Personal Services.
(5) The requirements of ORS
279C.307 and section (4) of this
rule apply in the following circumstances, except as provided in section (6) of
this rule:
(a) ODOT requires the Procurement of
Personal Services for the purpose of administering, managing, monitoring,
inspecting, evaluating compliance with or otherwise overseeing a Public Contract
or performance under a Public Contract that is subject to ORS chapter 279C. A
Public Contract that is "subject to ORS chapter 279C" includes a Public Contract
for Architectural, Engineering, Photogrammetric Mapping, Transportation Planning
or Land Surveying Services, a Public Contract for Related Services or a Public
Contract for construction services under ORS chapter 279C.
(b) The Procurements of Personal Services
subject to the restrictions of ORS
279C.307 include, but are not
limited to, the following:
(A) Procurements for
Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or
Land Surveying Services, which involve overseeing or monitoring the performance
of a construction Contractor under a Public Contract for construction services
subject to ORS chapter 279C;
(B)
Procurements for commissioning services, which involve monitoring, inspecting,
evaluating or otherwise overseeing the performance of a Contractor providing
Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or
Land Surveying Services or the performance of a construction Contractor under a
Public Contract for construction services subject to ORS chapter 279C;
(C) Procurements for project management
services, which involve administration, management, monitoring, inspecting,
evaluating compliance with or otherwise overseeing the performance of a
Contractor providing Architectural, Engineering, Photogrammetric Mapping,
Transportation Planning or Land Surveying Services, construction services subject
to ORS chapter 279C, commissioning services or other Related Services for a
Project;
(D) Procurements for special
inspections and testing services, which involve inspecting, testing or otherwise
overseeing the performance of a construction Contractor under a Public Contract
for construction services subject to ORS chapter 279C; and
(E) Procurements for other Related Services or
Personal Services, which involve administering, managing, monitoring, inspecting,
evaluating compliance with or otherwise overseeing the Public Contracts described
in Section (5)(a) of this rule.
(6) The restrictions of ORS
279C.307 do not apply in the
following circumstances, except as further specified below:
(a) To ODOT's Procurement of both design
services and construction services through a single "Design-Build" Procurement,
as that term is defined in OAR 137-049-0610. Such a Design-Build Procurement
includes a Procurement under an Energy Savings Performance Contract, as defined
in ORS 279A.010. Provided, however, the
restrictions of ORS 279C.307 do apply to a ODOT's
Procurement of Personal Services for the purpose of administering, managing,
monitoring, inspecting, evaluating compliance with or otherwise overseeing a
Design-Build Contract or performance under such a Contract resulting from a
Design-Build Procurement; and
(b) To
ODOT's Procurement of both pre-construction services and construction services
through a single Procurement of Construction Manager/General Contractor Services,
as that term is defined in ORS
279C.332(3).
Provided, however, the restrictions of ORS
279C.307 do apply to a ODOT's
Procurement of Personal Services for the purpose of administering, managing,
monitoring, inspecting, evaluating compliance with or otherwise overseeing a
Construction Manager/General Contractor Services Contract or performance under
such a Contract resulting from a Procurement of Construction Manager/General
Contractor Services.
(c) In an
application for an exception submitted by ODOT pursuant to ORS
279C.307(3), the
Director of Transportation may grant exceptions to the procurement prohibitions
stated in ORS 279C.307(1). In
ODOT's application to the Director of Transportation for an exception under
279C.307(3), ODOT will follow the exception process, consult with legal counsel,
and include the findings, justifications, and supporting facts required in ORS
279C.307(3)(c), (d) and
(e). The Director of Transportation shall
respond to ODOT's applications for exceptions under ORS
279C.307(3)
pursuant to the requirements of ORS
279C.307(3)(e) and
(f).
Statutory/Other Authority: ORS
184.619,
279A.065(6)(a)
& 279A.070
Statutes/Other Implemented: ORS
279A.050(3),
279C.100-279C.125 &
279C.307
