OAR 137-048-0130
Applicable Selection Procedures; Pricing Information; Disclosure of Proposals; Conflicts of Interest

(1)

When selecting the most qualified Consultant to perform Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, Contracting Agencies shall follow the applicable selection procedure under either OAR 137-048-0200 (Direct Appointment Procedure) (Direct Appointment Procedure), 137-048-0210 (Informal Selection Procedure) (Informal Selection Procedure) or 137-048-0220 (Formal Selection Procedure) (Formal Selection Procedure). State Contracting Agencies selecting a Consultant under this section (1) may solicit or use pricing policies and pricing Proposals, or other pricing information, including the number of hours proposed for the services required, expenses, hourly rates and overhead, to determine a Consultant’s compensation only after the State Contracting Agency has selected the most qualified Consultant in accordance with the applicable selection procedure; provided, however, this restriction on a State Contracting Agency’s solicitation or use of pricing policies, pricing Proposals or other pricing information does not apply to selection procedures used by the State Contracting Agency to select a Consultant when the Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services for the Project do not exceed $100,000 or in an Emergency, pursuant to ORS 279C.0110(10) and (11). In following the Direct Appointment Procedure under OAR 137-048-0200 (Direct Appointment Procedure), a State Contracting Agency or Local Contracting Agency may base its selection of a Consultant on any information available to the Agency prior to beginning the Direct Appointment Procedure for the Project involved. Local Contracting Agencies may solicit or use pricing policies and pricing Proposals, or other pricing information, including the number of hours proposed for the services required, expenses, hourly rates and overhead, in any of the Local Contracting Agencies’ selection procedures to select Consultants to perform Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, pursuant to the requirements of ORS 279C.110 (Selection procedures for consultants to provide services)(5) [House Bill 2769 (2019 Oregon Laws, Chapter 55)].
(2) Contracting Agencies selecting a Consultant to perform Related Services shall follow one of the following selection procedures:
(a) When selecting a Consultant on the basis of qualifications alone, Contracting Agencies shall follow the applicable selection procedure under OAR 137-048-0200 (Direct Appointment Procedure) (Direct Appointment Procedure), 137-048-0210 (Informal Selection Procedure) (Informal Selection Procedure), or 137-048-0220 (Formal Selection Procedure) (Formal Selection Procedure);
(b) When selecting a Consultant on the basis of price competition alone, Contracting Agencies shall follow the applicable provisions under OAR 137-048-0200 (Direct Appointment Procedure) (Direct Appointment Procedure), the applicable provisions of 137-048-0210 (Informal Selection Procedure) (Informal Selection Procedure) pertaining to obtaining and evaluating price Proposals and other pricing information, or the applicable provisions of 137-048-0220 (Formal Selection Procedure) (Formal Selection Procedure) pertaining to obtaining and evaluating price Proposals and other pricing information; and
(c) When selecting a Consultant on the basis of price and qualifications, Contracting Agencies shall follow the applicable provisions under OAR 137-048-0200 (Direct Appointment Procedure) (Direct Appointment Procedure), the applicable provisions of 137-048-0210 (Informal Selection Procedure) (Informal Selection Procedure) pertaining to obtaining and evaluating price and qualifications Proposals, or the applicable provisions of 137-048-0220 (Formal Selection Procedure) (Formal Selection Procedure) pertaining to obtaining and evaluating price and qualifications Proposals. For selections under the informal selection procedure of OAR 137-048-0210 (Informal Selection Procedure), Contracting Agencies may use abbreviated requests for Proposals that nevertheless meet the requirements of OAR 137-048-0210 (Informal Selection Procedure), when the Contracting Agency determines, in its sole discretion, that the characteristics of the Project and the Related Services required by the Contracting Agency would be adequately addressed by a more abbreviated request for Proposals document, generally comparable to the intermediate Procurement procedures and related documentation under ORS 279B.070 (Intermediate procurements) and OAR 137-047-0270 (Intermediate Procurements). Contracting Agencies subject to this section (2) may request and consider a Proposer’s pricing policies and pricing Proposals or other pricing information, including the number of hours proposed for the services required, expenses, hourly rates and overhead, submitted with a Proposal.
(3) A Contracting Agency is not required to follow the procedures in Section (1) or Section (2) of this rule, when the Contracting Agency 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 or task order. Provided, however, the criteria and procedures the Contracting Agency uses to select a single Consultant, when the Contracting Agency has established Price Agreements with more than one Consultant, must meet the requirements of OAR 137-048-0270 (Price Agreements) (Price Agreements).
(4) Contracting Agencies may use electronic methods to screen and select a Consultant in accordance with the procedures described in sections (1) and (2) of this rule. If a Contracting Agency uses electronic methods to screen and select a Consultant, the Contracting Agency shall first promulgate rules for conducting the screening and selection procedure by electronic means, substantially in conformance with OAR 137-047-0330 (Electronic Procurement) (Electronic Procurement).
(5) For purposes of these division 48 rules, a “mixed” Contract is one requiring the Consultant to perform Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, and also provide Related Services, other Services or other related Goods under the Contract. A Contracting Agency’s classification of a procurement that will involve a “mixed” Contract will be determined by the predominant purpose of the Contract. A Contracting Agency will determine the predominant purpose of the Contract by determining which of the Services involves the majority of the total Estimated Fee to be paid under the Contract. If the majority of the total Estimated Fee to be paid under the Contract is for Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, the Contracting Agency shall comply with the requirements of ORS 279C.110 (Selection procedures for consultants to provide services) and section (1) of this rule. If majority of the total Estimated Fee to be paid under the Contract is for Related Services, the Contracting Agency shall comply with the requirements of ORS 279C.120 (Selection procedure for related services) and section (2) of this rule. If the majority of the total Estimated Fee to be paid under the Contract is for some other Services or Goods under the Public Contracting Code, the Contracting Agency shall comply with the applicable provisions of the Public Contracting Code and divisions 46, 47 and 49 of the Model Rules that match the predominant purpose of the Contract.
(6) In applying these rules, State Contracting Agencies shall support the State of Oregon’s goal of promoting a sustainable economy in the rural areas of the state.
(7) Consistent with the requirements of ORS 279C.107 (Public disclosure of contents of proposals for architectural, engineering, photogrammetric mapping, transportation planning or land surveying services) and the remaining requirements of ORS 279C.100 (Definitions for ORS 279C.100 to 279C.125), 279C.105 (Contracts for architectural, engineering, photogrammetric mapping, transportation planning or land surveying and related services) and 279C.110 (Selection procedures for consultants to provide services) through 279C.125 (Architectural, engineering, photogrammetric mapping, transportation planning and land surveying services selection process for local public improvements procured through state agency), the following provisions apply to Proposals received by a Contracting Agency for Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services:
(a) The term “competitive proposal,” for purposes of ORS 279C.107 (Public disclosure of contents of proposals for architectural, engineering, photogrammetric mapping, transportation planning or land surveying services), includes Proposals under OAR 137-048-0200 (Direct Appointment Procedure) (Direct Appointment Procedure), 137-048-0210 (Informal Selection Procedure) (Informal Selection Procedure), 137-048-0220 (Formal Selection Procedure) (Formal Selection Procedure) or 137-048-0130 (Applicable Selection Procedures; Pricing Information; Disclosure of Proposals; Conflicts of Interest)(2)(c) (selection based on price and qualifications) and any Proposals submitted in response to a selection process for a work order or task order under 137-048-0270 (Price Agreements) (Price Agreements).
(b) For purposes of Proposals received by a Contracting Agency under OAR 137-048-0200 (Direct Appointment Procedure) (Direct Appointment Procedure), a formal notice of intent to award is not required. As a result, while a Contracting Agency may make Proposals under 137-048-0200 (Direct Appointment Procedure) (Direct Appointment Procedure) open for public inspection following the Contracting Agency’s decision to begin Contract negotiations with the selected Consultant, 137-048-0200 (Direct Appointment Procedure) Proposals are not required to be open for public inspection until after the Contracting Agency has executed a Contract with the selected Consultant.
(c) In the limited circumstances permitted by ORS 279C.110 (Selection procedures for consultants to provide services), 279C.115 (Direct contracts for services of consultants) and 279C.120 (Selection procedure for related services), where the Contracting Agency is conducting discussions or negotiations with Proposers who submit Proposals that the Contracting Agency has determined to be closely competitive or to have a reasonable chance of being selected for award, the Contracting Agency may open Proposals so as to avoid disclosure of Proposal contents to competing Proposers, consistent with the requirements of ORS 279C.107 (Public disclosure of contents of proposals for architectural, engineering, photogrammetric mapping, transportation planning or land surveying services). Otherwise, Contracting Agencies may open Proposals in such a way as to avoid disclosure of the contents until after the Contracting Agency executes a Contract with the selected Consultant. If the Contracting Agency determines that it is in the best interest of the Contracting Agency to do so, the Contracting Agencies may make Proposals available for public inspection following the Contracting Agency’s issuance of a notice of intent to award a Contract to a Consultant; and
(d) Disclosure of Proposals and Proposal information is otherwise governed by ORS 279C.107 (Public disclosure of contents of proposals for architectural, engineering, photogrammetric mapping, transportation planning or land surveying services).
(8) As required by ORS 279C.307 (Limitations in procurement of personal services), pertaining to requirements to ensure the objectivity and independence of providers of certain Personal Services which are procured under ORS chapter 279C, Contracting Agencies may not:
(a) Procure the Personal Services identified in ORS 279C.307 (Limitations in procurement of personal services) 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 (Limitations in procurement of personal services) through the Public Contract that is subject to administration, management, monitoring, inspection, evaluation or oversight by means of the Personal Services.
(9) The requirements of ORS 279C.307 (Limitations in procurement of personal services) and section (8) of this rule apply in the following circumstances, except as provided in section (10) of this rule:
(a) A Contracting Agency 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 (Limitations in procurement of personal services) 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 (9)(a) of this rule.
(10) The restrictions of ORS 279C.307 (Limitations in procurement of personal services) do not apply in the following circumstances, except as further specified below:
(a) To a Contracting Agency’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 (Definitions for Alternative Contracting Methods). Such a Design-Build Procurement includes a Procurement under an Energy Savings Performance Contract, as defined in ORS 279A.010 (Definitions for Public Contracting Code). Provided, however, the restrictions of ORS 279C.307 (Limitations in procurement of personal services) do apply to a Contracting Agency’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 a Contracting Agency’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 (Definitions for ORS 279A.065, 279C.307, 279C.335, 279C.337 and 279C.380)(3). Provided, however, the restrictions of ORS 279C.307 (Limitations in procurement of personal services) do apply to a Contracting Agency’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.

Source: Rule 137-048-0130 — Applicable Selection Procedures; Pricing Information; Disclosure of Proposals; Conflicts of Interest, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-048-0130.

Last Updated

Jun. 8, 2021

Rule 137-048-0130’s source at or​.us