Oregon Administrative Rules
Chapter 731 - DEPARTMENT OF TRANSPORTATION
Division 148 - CONSULTANT SELECTION: ARCHITECTURAL, ENGINEERING, LAND SURVEYING AND RELATED SERVICES CONTRACTS
Section 731-148-0200 - Direct Appointment Procedure
Universal Citation: OR Admin Rules 731-148-0200
Current through Register Vol. 63, No. 12, December 1, 2024
(1) ODOT may enter into a Contract directly with a Consultant without following the selection procedures set forth elsewhere in these rules if:
(a) Emergency.
ODOT 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 ODOT 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) ODOT used either the formal selection
procedure under OAR 731-148-0220 (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 ODOT 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) ODOT used either the
formal selection procedure under OAR 731-148-0220 (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) ODOT 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 ODOT; 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) ODOT may select a Consultant for a Contract under this rule from the following sources:
(a) A list of Consultants created and
maintained by ODOT under OAR 731-148-0215 (Request for Qualifications);
(b) A list of Consultants awarded
Price Agreements under OAR 731-148-0270 (Price Agreements);
(c) Any Consultants that ODOT reasonably can
locate that offer the desired services; or
(d) Any combination of (a) through (c) above.
(3) ODOT shall direct negotiations with a Consultant selected under this rule toward obtaining written agreement on:
(a) The Consultant's
performance obligations and performance schedule;
(b) 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 ODOT as determined solely by ODOT, 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
(c) Any other
conditions or provisions ODOT believes to be in ODOT's best interest to
negotiate.
Statutory/Other Authority: ORS 184.619, 279A.065(6)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.050(3), 279C.110, 279C.115 & 279C.120
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