Oregon Administrative Rules
Chapter 731 - DEPARTMENT OF TRANSPORTATION
Division 148 - CONSULTANT SELECTION: ARCHITECTURAL, ENGINEERING, LAND SURVEYING AND RELATED SERVICES CONTRACTS
Section 731-148-0230 - Ties Among Proposers

(1) If ODOT is selecting a Consultant on the basis of qualifications alone and determines after the ranking of Proposers that two or more Proposers are equally qualified, ODOT may select a candidate through any process that ODOT believes will result in the best value for ODOT taking into account the scope, complexity and nature of the Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services. Provided, however, the tie breaking process established by ODOT under this section (1) cannot be based on the Consultant's pricing policies, pricing proposals or other pricing information, including the number of hours proposed for the services required, expenses, hourly rates, and overhead. The process must be designed to instill public confidence through ethical and fair dealing, honesty and good faith on the part of ODOT and Proposers and shall protect the integrity of the Public Contracting process. Once a tie is broken, ODOT and the selected Proposer shall proceed with negotiations under OAR 731-148-0200(3), 731-148-0205(4), 731-148-0210(4) or 731-148-0220(3)(d), as applicable.

(2) If ODOT is selecting a Consultant on the basis of price alone, or on the basis of price and qualifications, and determines after the ranking of Proposers that two or more Proposers are identical in terms of price or are identical in terms of price and qualifications, then ODOT shall follow the procedure set forth in OAR 137-046-0300 (Preferences for Oregon Goods and Services) to select the Consultant.