Current through Register Vol. 63, No. 3, March 1, 2024
(1)
ODOT may establish Price Agreements for Architectural, Engineering,
Photogrammetric Mapping, Transportation Planning or Land Surveying Services or
Related Services, when ODOT cannot determine the precise quantities of those
Services that ODOT will require over a specified time period.
(2) When establishing Price Agreements under
this rule, ODOT shall select no fewer than three Consultants, when feasible.
The selection procedures for establishing Price Agreements shall be in
accordance with OAR 731-148-0130(1). ODOT may select a single Consultant when a
Price Agreement is awarded to obtain services for a specific Project or a
closely-related group of Projects.
(3) In addition to any other applicable
solicitation requirements set forth in these Division 148 rules, solicitation
materials and the terms and conditions for a Price Agreement for Architectural,
Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying
Services or Related Services must:
(a) Include
a scope of services, menu of services, a specification for services or a
similar description of the nature, general scope, complexity and purpose of the
Procurement that will reasonably enable a prospective bidder or Proposer to
decide whether to submit a bid or proposal;
(b) Specify whether ODOT intends to award a
Price Agreement to one Consultant or to multiple Consultants. If ODOT will
award a Price Agreement to more than one Consultant, the Solicitation Document
and Price Agreement shall describe the criteria and procedures ODOT will use to
select a Consultant for each individual work order. Subject to the requirements
of ORS
279C.110,
the criteria and procedures to assign work orders that only involve or
predominantly involve Architectural, Engineering, Photogrammetric Mapping,
Transportation Planning or Land Surveying services are at ODOT's sole
discretion; provided, however, in circumstances where a direct contract is not
permitted under OAR 731-148-0200, the selection criteria cannot be based on
pricing policies, pricing proposals or other pricing information, including the
number of hours proposed for the Services required, expenses, hourly rates and
overhead. In accordance with OAR 731-148-0200, OAR 731-148-0205, and OAR
731-148-0220 applicable to Related Services Procurements, the selection
criteria and procedures may be based solely on the qualifications of the
Consultants, solely on pricing information, or a combination of both
qualifications and pricing information. Pricing information may include the
number of hours proposed for the services required, expenses, hourly rates, the
number of hours, overhead and other price factors. Work order assignment
procedures under Price Agreements may include direct appointments, subject to
the requirements of OAR 731-148-0200; and
(c) Specify the maximum term for assigning
Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or
Land Surveying Services or Related Services under the Price
Agreement.
(4) All
Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or
Land Surveying Services or Related Services assigned under a Price Agreement
require a written work order issued by ODOT. Any work orders assigned under a
Price Agreement must include, at a minimum, the following:
(a) The Consultant's performance obligations
and performance schedule;
(b) The
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 work order 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;
(c) Language that
incorporates all applicable terms and conditions of the Price Agreement into
the work order; and
(d) Any other
conditions or provisions ODOT believes to be in ODOT's best interest.
Statutory/Other Authority: ORS
184.619,
279A.065(6)(a)
& 279A.070
Statutes/Other Implemented: ORS
279A.050(3)
& 279A.065
