OAR 125-248-0330
Special Contract Processes
(1)
Consultants for Agreements-To-Agree must be selected, and the Authorized Agency must obtain Architectural, Engineering and Land Surveying and Related Services by selecting a Consultant or Consultants in the following manner:(a)
The Authorized Agency selects one or more Consultants under the applicable provisions of OAR 125-248-0200 (Direct Appointment Procedure), 125-248-0210 (Informal Selection Procedure), or 125-248-0220 (Formal Selection Procedure).(b)
The Authorized Agency develops a document that includes the general provisions required under OAR 125-248-300 and a specific Statement of Work for each anticipated Contract under the Agreement-To-Agree document.(c)
When the Authorized Agency selects more than one Consultant under the Agreement-To-Agree Solicitation process, the Authorized Agency must identify a standard in the Solicitation Document and the Agreement-to-Agree to be used in assigning particular Architectural, Engineering and Land Surveying and or Related Services under the Agreements-To-Agree.(2)
Design-Build Contracts involve the provision of both design and construction services for Public Improvements under one Contract. Under most circumstances, Design-Build Contracts are Mixed Contracts with the predominate purpose of the Contract involving construction of the Public Improvement. If the predominate purpose of the Contract is to obtain Architectural, Engineering and Land Surveying and Related Services, selection may proceed under these division 248 rules, so long as the requirements of OAR 125-248-0300 (Contract Form; Prohibited Payment Methodology; Purchase Restrictions) are not violated. Otherwise, the selection process will require an exemption from competitive bidding under ORS 279C, unless the Design-Build Contract is to be awarded to the Responsible Bidder submitting the lowest Responsive Bid.
Source:
Rule 125-248-0330 — Special Contract Processes, https://secure.sos.state.or.us/oard/view.action?ruleNumber=125-248-0330.