reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0610 - Notice of Intent to Award

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Notice of Intent to Award. The Contracting Agency shall provide Written notice
			 of its intent to Award to all Bidders and Proposers pursuant to ORS
			 279B.135 at least seven (7) Days
			 before the Award of a Contract, unless the Contracting Agency determines that
			 circumstances justify prompt execution of the Contract, in which case the
			 Contracting Agency may provide a shorter notice period. The Contracting Agency
			 shall document the specific reasons for the shorter notice period in the
			 Procurement file.
(2) Finality. The
			 Contracting Agency's Award shall not be final until the later of the following:
(a) The expiration of the protest period
			 provided pursuant to OAR 137-047-0740; or
(b) The Contracting Agency provides Written
			 responses to all timely-filed protests denying the protests and affirming the
			 Award.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0620 - Documentation of Award

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Basis of
			 Award. After Award, the Contracting Agency shall make a record showing the
			 basis for determining the successful Offeror part of the Contracting Agency's
			 Procurement file.
(2) Contents of
			 Award Record. The Contracting Agency's record shall include:
(a) For Bids:
(A) Bids;
(B) Completed Bid tabulation sheet;
			 and
(C) Written justification for
			 any rejection of lower Bids.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0630 - Availability of Award Decisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Contract Documents. To the extent required by the Solicitation Document, the
			 Contracting Agency shall deliver to the successful Offeror a Contract, Signed
			 purchase order, Price Agreement, or other Contract documents as
			 applicable.
(2) Availability of
			 Award Decisions. A Person may obtain tabulations of Awarded Bids or evaluation
			 summaries of Proposals for a minimal charge, in person or by submitting to the
			 Contracting Agency a Written request accompanied by payment. The requesting
			 Person shall provide the Solicitation Document number and enclose a
			 self-addressed, stamped envelope. In addition, the Contracting Agency may make
			 available tabulations of Bids and Proposals through the Electronic Procurement
			 System of the Contracting Agency or the Contracting Agency's website.
(3) Availability of Procurement Files. After
			 notice of intent to Award, the Contracting Agency shall make Procurement files
			 available in accordance with applicable law.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279B.055 & ORS
				  279B.060
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0650 - Rejection of All Offers

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Rejection. A Contracting Agency may reject all Offers as set forth in ORS
			 279B.100. The Contracting Agency
			 shall notify all Offerors of the rejection of all Offers, along with the
			 reasons for rejection of all Offers.
(2) Criteria. The Contracting Agency may
			 reject all Offers based upon the following criteria:
(a) The content of or an error in the
			 Solicitation Document, or the Procurement process unnecessarily restricted
			 competition for the Contract;
(b)
			 The price, quality or performance presented by the Offerors are too costly or
			 of insufficient quality to justify acceptance of any Offer;
(c) Misconduct, error, or ambiguous or
			 misleading provisions in the Solicitation Document threaten the fairness and
			 integrity of the competitive process;
(d) Causes other than legitimate market
			 forces threaten the integrity of the competitive process. These causes may
			 include, without limitation, those that tend to limit competition, such as
			 restrictions on competition, collusion, corruption, unlawful anti-competitive
			 conduct, and inadvertent or intentional errors in the Solicitation
			 Document;
(e) The Contracting
			 Agency cancels the Procurement or solicitation in accordance with OAR
			 137-047-0660; or
(f) Any other
			 circumstance indicating that Awarding the Contract would not be in the public
			 interest.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0660 - Cancellation of Procurement or Solicitation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Cancellation in the Public Interest. A
			 Contracting Agency may cancel a Procurement or solicitation as set forth in ORS
			 279B.100.
(2) Notice of Cancellation Before Opening. If
			 the Contracting Agency cancels a Procurement or solicitation prior to Opening,
			 the Contracting Agency shall provide Written notice of cancellation in the same
			 manner that the Contracting Agency initially provided notice of the
			 solicitation. Such notice of cancellation shall:
(a) Identify the Solicitation
			 Document;
(b) Briefly explain the
			 reason for cancellation; and
(c) If
			 appropriate, explain that an opportunity will be given to compete on any
			 resolicitation.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0670 - Disposition of Offers if Procurement or Solicitation Canceled

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to
			 Opening. If the Contracting Agency cancels a Procurement or solicitation prior
			 to Opening, the Contracting Agency shall return all Offers it received to
			 Offerors unopened, provided the Offeror submitted its Offer in a hard copy
			 format with a clearly visible return address. If there is no return address on
			 the envelope, the Contracting Agency shall open the Offer to determine the
			 source and then return it to the Offeror. For Electronic Offers, the
			 Contracting Agency shall delete the Offers from the Contracting Agency's
			 Electronic Procurement System or information technology system.
(2) After Opening. If the Contracting Agency
			 cancels a Procurement or solicitation after Opening, the Contracting Agency:
(a) May return Proposals in accordance with
			 ORS 279B.060(56)(c);
			 and
(b) Shall keep Bids in the
			 Procurement file.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0700 - Protests and Judicial Review of Special Procurements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. An Affected Person may protest
			 the approval of a Special Procurement. Pursuant to ORS
			 279B.400(1),
			 before seeking judicial review of the approval of a Special Procurement, an
			 Affected Person must file a Written protest with the Contract Review Authority
			 for the Contracting Agency and exhaust all administrative remedies.
(2) Delivery. Notwithstanding the
			 requirements for filing a writ of review under ORS chapter 34 pursuant to ORS
			 279B.400(4)(a),
			 an Affected Person must deliver a Written protest to the Contract Review
			 Authority for the Contracting Agency within seven (7) Days after the first date
			 of public notice of the approval of a Special Procurement by the Contract
			 Review Authority for the Contracting Agency, unless a different protest period
			 is provided in the public notice of the approval of a Special
			 Procurement.
(3) Content of
			 Protest. The Written protest must include:
(a)
			 A detailed statement of the legal and factual grounds for the
			 protest;
(b) A description of the
			 resulting harm to the Affected Person; and
(c) The relief requested.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0710 - Protests and Judicial Review of Sole-Source Procurements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. For
			 sole-source Procurements requiring public notice under OAR 137-047-0275, an
			 Affected Person may protest the determination of the Contract Review Authority
			 or designee that the Goods or Services or class of Goods or Services are
			 available from only one source. Pursuant to ORS
			 279B.420(3)(f),
			 before seeking judicial review, an Affected Person must file a Written protest
			 with the Contract Review Authority or designee and exhaust all administrative
			 remedies.
(2) Delivery. Unless
			 otherwise specified in the public notice of the sole-source Procurement, an
			 Affected Person must deliver a Written protest to the Contract Review Authority
			 or designee within seven (7) Days after the first date of public notice of the
			 sole-source Procurement, unless a different protest period is provided in the
			 public notice of a sole-source Procurement.
(3) Content of Protest. The Written protest
			 must include:
(a) A detailed statement of the
			 legal and factual grounds for the protest;
(b) A description of the resulting harm to
			 the Affected Person; and
(c) The
			 relief requested.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0720 - Protests and Judicial Review of Multi-Tiered and Multistep Solicitations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. An
			 Affected Offeror may protest exclusion from the Competitive Range or from
			 subsequent tiers or steps of a solicitation in accordance with the applicable
			 Solicitation Document. When such a protest is permitted by the Solicitation
			 Document, then pursuant to ORS
			 279B.420(3)(f),
			 before seeking judicial review, an Affected Offeror must file a Written protest
			 with the Contracting Agency and exhaust all administrative remedies.
(2) Basis for Protest. An Affected Offeror
			 may protest its exclusion from a tier or step of competition only if the
			 Offeror is Responsible and submitted a Responsive Offer and but for the
			 Contracting Agency's mistake in evaluating the Offeror's or other Offerors'
			 Offers, the protesting Offeror would have been eligible to participate in the
			 next tier or step of competition. (For example, the protesting Offeror must
			 claim it is eligible for inclusion in the Competitive Range if all ineligible
			 higher-scoring Offerors are removed from consideration, and that those
			 ineligible Offerors are ineligible for inclusion in the Competitive Range
			 because: their Proposals were not Responsive, or the Contracting Agency
			 committed a substantial violation of a provision in the Solicitation Document
			 or of an applicable Procurement statute or administrative rule, and the
			 protesting Offeror was unfairly evaluated and would have, but for such
			 substantial violation, been included in the Competitive Range.)
(3) Delivery. Unless otherwise specified in
			 the Solicitation Document, an Affected Offeror must deliver a Written protest
			 to the Contracting Agency within seven (7) Days after issuance of the notice of
			 the Competitive Range or notice of subsequent tiers or steps.
(4) Content of Protest. The Affected
			 Offeror's protest shall be in Writing and must specify the grounds upon which
			 the protest is based.
(5)
			 Contracting Agency Response. The Contracting Agency shall not consider an
			 Affected Offeror's multi-tiered or multistep solicitation protest submitted
			 after the timeline established for submitting such protest under this rule, or
			 such different time period as may be provided in the Solicitation Document. The
			 Contracting Agency shall issue a Written disposition of the protest in a timely
			 manner. If the Contracting Agency upholds the protest, in whole or in part, the
			 Contracting Agency may in its sole discretion either issue an Addendum under
			 OAR 137-047-0430  reflecting its disposition or cancel the Procurement or
			 solicitation under 137-047-0660.
(6) Judicial Review. Judicial review of the
			 Contracting Agency's decision relating to a multi-tiered or multistep
			 solicitation protest shall be in accordance with ORS
			 279B.420.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279B.060
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0730 - Protests and Judicial Review of Solicitations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. A prospective Offeror may
			 protest the Procurement process or the Solicitation Document for a Contract
			 solicited under ORS 279B.055,
			 279B.060 and
			 279B.085 as set forth in
			 279B.405(2).
			 Pursuant to 279B.405(3),
			 before seeking judicial review, a prospective Offeror must file a Written
			 protest with the Contracting Agency and exhaust all administrative
			 remedies.
(2) Delivery. Unless
			 otherwise specified in the Solicitation Document, a prospective Offeror must
			 deliver a Written protest to the Contracting Agency not less than ten (10) Days
			 prior to Closing.
(3) Content of
			 Protest. In addition to the information required by ORS
			 279B.405(4), a
			 prospective Offeror's Written protest shall include a statement of the desired
			 changes to the Procurement process or the Solicitation Document that the
			 prospective Offeror believes will remedy the conditions upon which the
			 prospective Offeror based its protest.
(4) Contracting Agency Response. The
			 Contracting Agency shall not consider a Prospective Offeror's solicitation
			 protest submitted after the timeline established for submitting such protest
			 under this rule, or such different time period as may be provided in the
			 Solicitation Document. The Contracting Agency shall consider the protest if it
			 is timely filed and meets the conditions set forth in ORS
			 279B.405(4).
			 The Contracting Agency shall issue a Written disposition of the protest in
			 accordance with the timeline set forth in
			 279B.405(6). If
			 the Contracting Agency upholds the protest, in whole or in part, the
			 Contracting Agency may in its sole discretion either issue an Addendum
			 reflecting its disposition under OAR 137-047-0430  or cancel the Procurement or
			 solicitation under 137-047-0660.
(5) Extension of Closing. If the Contracting
			 Agency receives a protest from a prospective Offeror in accordance with this
			 rule, the Contracting Agency may extend Closing if the Contracting Agency
			 determines an extension is necessary to consider and respond to the
			 protest.
(6) Clarification. Prior
			 to the deadline for submitting a protest, a prospective Offeror may request
			 that the Contracting Agency clarify any provision of the Solicitation Document.
			 The Contracting Agency's clarification to an Offeror, whether orally or in
			 Writing, does not change the Solicitation Document and is not binding on the
			 Contracting Agency unless the Contracting Agency amends the Solicitation
			 Document by Addendum.
(7) Judicial
			 Review. Judicial review of the Contracting Agency's decision relating to a
			 solicitation protest shall be in accordance with ORS
			 279B.405.
Stat. Auth.: ORS
				  279A.065 &
				  279B.405
Stats. Implemented: ORS
				  279B.405
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0740 - Protests and Judicial Review of Contract Award

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. An Offeror may protest the Award
			 of a Contract, or the intent to Award of a Contract, whichever occurs first, if
			 the conditions set forth in ORS
			 279B.410(1) are
			 satisfied. An Offeror must file a Written protest with the Contracting Agency
			 and exhaust all administrative remedies before seeking judicial review of the
			 Contracting Agency's Contract Award decision.
(2) Delivery. Unless otherwise specified in
			 the Solicitation Document, an Offeror must deliver a Written protest to the
			 Contracting Agency within seven (7) Days after the Award of a Contract, or
			 issuance of the notice of intent to Award the Contract, whichever occurs
			 first.
(3) Content of Protest. An
			 Offeror's Written protest shall specify the grounds for the protest to be
			 considered by the Contracting Agency pursuant to ORS
			 279B.410(2).
(4) Contracting Agency Response. The
			 Contracting Agency shall not consider an Offeror's Contract Award protest
			 submitted after the timeline established for submitting such protest under this
			 rule, or such different time period as may be provided in the Solicitation
			 Document. The Contracting Agency shall issue a Written disposition of the
			 protest in a timely manner as set forth in ORS
			 279B.410(4). If
			 the Contracting Agency upholds the protest, in whole or in part, the
			 Contracting Agency may in its sole discretion either Award the Contract to the
			 successful protestor or cancel the Procurement or solicitation.
(5) Judicial Review. Judicial review of the
			 Contracting Agency's decision relating to a Contract Award protest shall be in
			 accordance with ORS 279B.415.
Stat. Auth.: ORS
				  279A.065 &
				  279B.410
Stats. Implemented: ORS
				  279B.410 &
				  279B.415
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0745 - Protests and Judicial Review of Qualified Products List Decisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. A
			 prospective Offeror may protest the Contracting Agency's decision to exclude
			 the prospective Offeror's goods from the Contracting Agency's qualified
			 products list under ORS
			 279B.115. A prospective Offeror
			 must file a Written protest and exhaust all administrative remedies before
			 seeking judicial review of the Contracting Agency's qualified products list
			 decision.
(2) Delivery. Unless
			 otherwise stated in the Contracting Agency's notice to prospective Offerors of
			 the opportunity to submit goods for inclusion on the qualified products list, a
			 prospective Offeror must deliver a Written protest to the Contracting Agency
			 within seven (7) Days after issuance of the Contracting Agency's decision to
			 exclude the prospective Offeror's goods from the qualified products
			 list.
(3) Content of Protest. The
			 prospective Offeror's protest shall be in Writing and must specify the grounds
			 upon which the protest is based.
(4) Contracting Agency Response. The
			 Contracting Agency shall not consider a prospective Offeror's qualified
			 products list protest submitted after the timeline established for submitting
			 such protest under this rule, or such different time period as may be provided
			 in the Contracting Agency's notice to prospective Offerors of the opportunity
			 to submit goods for inclusion on the qualified products list. The Contracting
			 Agency shall issue a Written disposition of the protest in a timely manner. If
			 the Contracting Agency upholds the protest, it shall include the successful
			 protestor's goods on the qualified products list.
(5) Judicial Review. Judicial review of the
			 Contracting Agency's decision relating to a qualified products list protest
			 shall be in accordance with ORS
			 279B.420.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279B.115
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0750 - Judicial Review of Other Violations

Current through Register Vol. 63, No. 7, July 1, 2024
Any violation of ORS Chapter 279A or 279B by a Contracting
				Agency for which no judicial remedy is otherwise provided in the Public
				Contracting Code is subject to judicial review as set forth in
				279B.420.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279B.420
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0760 - Review of Prequalification and Debarment Decisions

Current through Register Vol. 63, No. 7, July 1, 2024
Review of the Contracting Agency's prequalification and
				Debarment decisions shall be as set forth in ORS
				279B.425.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279B.425
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0800 - Amendments to Contracts and Price Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Generally. A Contracting Agency may amend
			 a Contract without additional competition in any of the following
			 circumstances:
(a) The amendment is within
			 the scope of the Procurement as described in the Solicitation Documents, if
			 any, or if no Solicitation Documents, as described in the sole source notice or
			 the approved Special Procurement, if any. An amendment is not within the scope
			 of the Procurement if the Agency determines that if it had described in the
			 Procurement the changes to be made by the amendment, it would likely have
			 increased competition or affected award of the Contract.
(b) These Model Rules otherwise permit the
			 Contracting Agency to Award a Contract without competition for the goods or
			 services to be procured under the Amendment.
(c) The amendment is necessary to comply with
			 a change in law that affects performance of the Contract.
(d) The amendment results from renegotiation
			 of the terms and conditions, including the Contract Price, of a Contract and
			 the amendment is Advantageous to the Contracting Agency, subject to all of the
			 following conditions:
(A) The Goods or
			 Services to be provided under the amended Contract are the same as the Goods or
			 Services to be provided under the unamended Contract.
(B) The Contracting Agency determines that,
			 with all things considered, the amended Contract is at least as favorable to
			 the Contracting Agency as the unamended Contract.
(C) The amended Contract does not have a
			 total term greater than allowed in the Solicitation Documents, if any, or if no
			 Solicitation Documents, as described in the sole source notice or the approved
			 Special Procurement, if any, after combining the initial and extended terms.
			 For example, a one-year Contract described as renewable each year for up to
			 four additional years, may be renegotiated as a two to five-year Contract, but
			 not beyond a total of five years.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0810 - Termination of Price Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
A Contracting Agency may terminate a Price Agreement as
				follows:
(1) As permitted by the Price
			 Agreement;
(2) If the circumstances
			 set forth in ORS 279B.140(2)
			 exist; or
(3) As permitted by
			 applicable law.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279A.065 &
				  279B.140
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 48 - MODEL RULES CONSULTANT SELECTION: ARCHITECTURAL, ENGINEERING AND LAND SURVEYING SERVICES AND RELATED SERVICES CONTRACTS › Section 137-048-0100 - Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Attorney
			 General is required to prepare and maintain model rules of procedure that
			 govern Public Contracting under the Public Contracting Code and that are
			 appropriate for use by all Contracting Agencies. These division 48 rules apply
			 to the screening and selection of Architects, Engineers, Photogrammetrists,
			 Transportation Planners, Land Surveyors and providers of Related Services,
			 under Contracts and set forth the following procedures:
(a) Procedures through which Contracting
			 Agencies select Consultants to perform Architectural, Engineering,
			 Photogrammetric Mapping, Transportation Planning or Land Surveying Services, or
			 Related Services; and
(b)
			 Two-tiered procedures for selection of Architects, Engineers,
			 Photogrammetrists, Transportation Planners, Land Surveyors and providers of
			 Related Services for certain public improvements owned and maintained by a
			 Local Government.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 48 - MODEL RULES CONSULTANT SELECTION: ARCHITECTURAL, ENGINEERING AND LAND SURVEYING SERVICES AND RELATED SERVICES CONTRACTS › Section 137-048-0110 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the definitions set forth in ORS
				279A.010,
				279C.100, and OAR 137-046-0110,
				the following definitions apply to these division 48 rules:
(1) "
Consultant
" means an
			 Architect, Engineer, Photogrammetrist, Transportation Planner, Land Surveyor or
			 provider of Related Services. A Consultant includes a business entity that
			 employs Architects, Engineers, Photogrammetrists, Transportation Planners, Land
			 Surveyors or providers of Related Services, or any combination of the
			 foregoing. Provided, however, when a Contracting Agency is entering into a
			 direct Contract under OAR 137-048-0200(1)(c) or (d), the "Consultant" must be
			 an Architect, Engineer, Photogrammetrist, Transportation Planner or Land
			 Surveyor, as required by ORS
			 279C.115(1).
(2) "
Estimated Fee
" means
			 Contracting Agency's reasonably projected fee to be paid for a Consultant's
			 services under the anticipated Contract, excluding all anticipated reimbursable
			 or other non-professional fee expenses. The Estimated Fee is used solely to
			 determine the applicable Contract solicitation method and is distinct from the
			 total amount payable under the Contract. The Estimated Fee shall not be used as
			 a basis to resolve other Public Contracting issues, including without
			 limitation, direct purchasing authority or Public Contract review and approval
			 under ORS 291.047.
(3) "
Price Agreement
," for
			 purposes of this Division 48, is limited to mean an agreement related to the
			 procurement of Architectural, Engineering, Photogrammetric Mapping,
			 Transportation Planning or Land Surveying Services, or Related Services, under
			 agreed-upon terms and conditions, including, but not limited to terms and
			 conditions of later work orders or task orders for Project-specific Services,
			 and which may include Consultant compensation information, with:
(a) No guarantee of a minimum or maximum
			 purchase; or
(b) An initial work
			 order, task order or minimum purchase, combined with a continuing Consultant
			 obligation to provide Architectural, Engineering, Photogrammetric Mapping,
			 Transportation Planning or Land Surveying Services or Related Services in which
			 the Contracting Agency does not guarantee a minimum or maximum additional
			 purchase.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 48 - MODEL RULES CONSULTANT SELECTION: ARCHITECTURAL, ENGINEERING AND LAND SURVEYING SERVICES AND RELATED SERVICES CONTRACTS › Section 137-048-0120 - List of Interested Consultants; Performance Record

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Consultants who are engaged in the lawful
			 practice of their profession and who are interested in providing Architectural,
			 Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying
			 Services or Related Services, may annually submit a statement describing their
			 qualifications and related performance information to Contracting Agencies'
			 office addresses. Contracting Agencies shall use this information to create a
			 list of prospective Consultants and shall update this list at least once every
			 two years.
(2) Contracting Agencies
			 may compile and maintain a record of each Consultant's performance under
			 Contracts with the particular Contracting Agency, including information
			 obtained from Consultants during an exit interview and information pertaining
			 to whether the Consultant owes a liquidated and delinquent debt to the State of
			 Oregon. Upon request and in accordance with the Oregon Public Records Law (ORS
			 192.311 through
			 192.478), Contracting Agencies
			 may make available copies of the records.
(3) State Contracting Agencies shall keep a
			 record of all Contracts with Consultants and shall make these records available
			 to the public, consistent with the requirements of the Oregon Public Records
			 Law (ORS 192.311 through
			 192.478). State Contracting
			 Agencies shall include the following information in the record:
(a) Locations throughout the state where the
			 Contracts are performed;
(b)
			 Consultants' principal office address and all office addresses in the State of
			 Oregon;
(c) Consultants' direct
			 expenses on each Contract, whether or not those direct expenses are reimbursed.
			 "Direct expenses" include all amounts that are directly attributable to
			 Consultants' services performed under each Contract, including personnel travel
			 expenses, and that would not have been incurred but for the services being
			 performed. The record must include all personnel travel expenses as a separate
			 and identifiable expense on the Contract; and
(d) The total number of Contracts awarded to
			 each Consultant over the immediately preceding 10-year period from the date of
			 the record.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 48 - MODEL RULES CONSULTANT SELECTION: ARCHITECTURAL, ENGINEERING AND LAND SURVEYING SERVICES AND RELATED SERVICES CONTRACTS › Section 137-048-0220 - Formal Selection Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Subject to OAR 137-048-0130  (Applicable Selection Procedures; Pricing
			 Information; Disclosure of Proposals), Contracting Agencies shall use the
			 formal selection procedure described in this rule to select a Consultant if the
			 Consultant cannot be selected under either 137-048-0200  (Direct Appointment
			 Procedure) or under 137-048-0210  (Informal Selection Procedure). The formal
			 selection procedure described in this rule may otherwise be used at Contracting
			 Agencies' discretion.
(2)
			 Contracting Agencies using the formal selection procedure shall obtain
			 Contracts through public advertisement of RFPs, or Requests for Qualifications
			 followed by RFPs.
(a) Except as provided in
			 subsection (b) of this section, a Contracting Agency shall advertise each RFP
			 and RFQ at least once in at least one newspaper of general circulation in the
			 area where the Project is located and in as many other issues and publications
			 as may be necessary or desirable to achieve adequate competition. Other issues
			 and publications may include, but are not limited to, local newspapers, trade
			 journals, and publications targeted to reach disadvantaged business enterprise
			 ("DBE"), Veteran-owned business ("VB"), minority business enterprise ("MBE"),
			 women business enterprise ("WBE") and emerging small business enterprise
			 ("ESB") audiences.
(A) A Contracting Agency
			 shall publish the advertisement within a reasonable time before the deadline
			 for the Proposal submission or response to the RFQ or RFP, but in any event no
			 fewer than fourteen (14) calendar days before the closing date set forth in the
			 RFQ or RFP.
(B) A Contracting
			 Agency shall include a brief description of the following items in the
			 advertisement:
(i) The Project;
(ii) A description of the Architectural,
			 Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying
			 Services or Related Services the Contracting Agency seeks;
(iii) How and where Consultants may obtain a
			 copy of the RFQ or RFP; and
(iv)
			 The deadline for submitting a Proposal or response to the RFQ or RFP.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 48 - MODEL RULES CONSULTANT SELECTION: ARCHITECTURAL, ENGINEERING AND LAND SURVEYING SERVICES AND RELATED SERVICES CONTRACTS › Section 137-048-0230 - Ties Among Proposers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a
			 Contracting Agency 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, the Contracting Agency may select a candidate through
			 any process that the Contracting Agency believes will result in the best value
			 for the Contracting Agency 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 the Contracting Agency 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 the Contracting Agency and Proposers and shall protect the
			 integrity of the Public Contracting process. Once a tie is broken, the
			 Contracting Agency and the selected Proposer shall proceed with negotiations
			 under OAR 137-048-0210(3)  or 137-048-0220(4)(c), as applicable.
(2) If a Contracting Agency 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 the Contracting Agency shall follow the procedure set
			 forth in OAR 137-046-0300, (Preferences for Oregon Goods and Services), to
			 select the Consultant.
Stat. Auth.: ORS
				  279A.065, OL 2011, ch 458
Stats. Implemented: ORS
				  279C.110, OL 2011, ch 458
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 48 - MODEL RULES CONSULTANT SELECTION: ARCHITECTURAL, ENGINEERING AND LAND SURVEYING SERVICES AND RELATED SERVICES CONTRACTS › Section 137-048-0250 - Solicitation Cancellation, Delay or Suspension; Rejection of All Proposals or Responses; Consultant Responsibility For Costs

Current through Register Vol. 63, No. 7, July 1, 2024
A Contracting Agency may cancel, delay or suspend a
				solicitation, RFQ or other preliminary Procurement document, whether related to
				a Direct Appointment Procedure (OAR 137-048-0200), the Informal Selection
				Procedure (OAR 137-048-0210), and the Formal Selection Procedure (OAR
				137-048-0220), or reject all Proposals, responses to RFQs, responses to other
				preliminary Procurement documents, or any combination of the foregoing, if the
				Contracting Agency believes it is in the public interest to do so. In the event
				of any such cancellation, delay, suspension or rejection, the Contracting
				Agency is not liable to any Proposer for any loss or expense caused by or
				resulting from any such cancellation, delay, suspension or rejection.
				Consultants responding to either solicitations, RFQs or other preliminary
				Procurement documents are responsible for all costs they may incur in
				connection with submitting Proposals, responses to RFQs or responses to other
				preliminary Procurement documents.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279A.065,
				  279C.110
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 48 - MODEL RULES CONSULTANT SELECTION: ARCHITECTURAL, ENGINEERING AND LAND SURVEYING SERVICES AND RELATED SERVICES CONTRACTS › Section 137-048-0300 - Prohibited Payment Methodology; Purchase Restrictions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as otherwise allowed by law, a
			 Contracting Agency shall not enter into any Contract which includes
			 compensation provisions that expressly provide for payment of:
(a) Consultant's costs under the Contract
			 plus a percentage of those costs; or
(b) A percentage of the Project construction
			 costs or total Project costs.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 48 - MODEL RULES CONSULTANT SELECTION: ARCHITECTURAL, ENGINEERING AND LAND SURVEYING SERVICES AND RELATED SERVICES CONTRACTS › Section 137-048-0310 - Expired or Terminated Contracts; Reinstatement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a Contracting Agency enters into a
			 Contract for Architectural, Engineering, Photogrammetric Mapping,
			 Transportation Planning or Land Surveying Services or Related Services and that
			 Contract subsequently expires or is terminated, the Contracting Agency may
			 proceed as follows, subject to the requirements of subsection (2) of this rule:
(a) Expired Contracts. If the Contract has
			 expired as the result of Project delay caused by the Contracting Agency or
			 caused by any other occurrence outside the reasonable control of the
			 Contracting Agency or the Consultant, and if no more than one year has passed
			 since the Contract expiration date, the Contracting Agency may amend the
			 Contract to extend the Contract expiration date, revise the description of the
			 Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or
			 Land Surveying Services or Related Services required under the Contract to
			 reflect any material alteration of the Project made as a result of the delay,
			 and revise the applicable performance schedule. Beginning on the effective date
			 of the amendment, the Contracting Agency and the Consultant shall continue
			 performance under the Contract as amended; or
(b) Terminated Contracts. If the Contracting
			 Agency or both parties to the Contract have terminated the Contract for any
			 reason and if no more than one year has passed since the Contract termination
			 date, then the Contracting Agency may enter into a new Contract with the same
			 Consultant to perform the remaining Architectural, Engineering and Land
			 Surveying Services, or Related Services not completed under the original
			 Contract, or to perform any remaining Architectural, Engineering,
			 Photogrammetric Mapping, Transportation Planning or Land Surveying Services or
			 Related Services not completed under the Contract as adjusted to reflect a
			 material alteration of the Project.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 48 - MODEL RULES CONSULTANT SELECTION: ARCHITECTURAL, ENGINEERING AND LAND SURVEYING SERVICES AND RELATED SERVICES CONTRACTS › Section 137-048-0320 - Contract Amendments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 Contracting Agency may amend any Contract if the Contracting Agency, in its
			 sole discretion, determines that the amendment is within the scope of the
			 Solicitation Document and that the amendment would not materially impact the
			 field of competition for the Architectural, Engineering, Photogrammetric
			 Mapping, Transportation Planning or Land Surveying Services or Related Services
			 described in the final form of the original Procurement document. In making
			 this determination, the Contracting Agency shall consider potential alternative
			 methods of procuring the services contemplated under the proposed amendment. An
			 amendment would not materially impact the field of competition for the services
			 described in the Solicitation Document, if the Contracting Agency reasonably
			 believes that the number of Proposers would not significantly increase if the
			 Procurement document were re-issued to include the additional
			 services.
(2) The Contracting
			 Agency may amend any Contract if the additional services are required by reason
			 of existing or new laws, rules, regulations or ordinances of federal, state or
			 local agencies, which affect performance of the original Contract.
(3) All amendments to Contracts must be in
			 writing, must be signed by an authorized representative of the Consultant and
			 the Contracting Agency and must receive all required approvals before the
			 amendments will be binding on the Contracting Agency.
Stat. Auth.: ORS
				  279A.065, OL 2011, ch 458
Stats. Implemented: ORS
				  279A.065,
				  279C.110, OL 2011, ch 458
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0100 - Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These division
			 49 rules apply to Public Improvement Contracts as well as Public Contracts for
			 ordinary construction Services that are not Public Improvements. Model Rules
			 that apply specifically to Public Improvement Contracts are so identified.
			 These division 49 rules apply to Contracts for Construction Manager/General
			 Contractor Services, whether the initial Contract between the parties includes
			 both pre-construction services and construction services, or only contains
			 pre-construction services, since the underlying procurement for Construction
			 Manager/General Contractor Services authorizes Contracting Agencies to enter
			 into Contracts for both pre-construction and construction services.
(2) These division 49 rules address matters
			 covered in ORS Chapter 279C (with the exception of Architectural, Engineering,
			 Land Surveying and Related Services, all of which are addressed in division 48
			 of the Model Rules).
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279A.065
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0110 - Policies

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the general Code policies set forth in ORS
				279A.015, the
				279C.300 policy on competition
				and the 279C.305 policy on least-cost
				for Public Improvements apply to these division 49 rules.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279C.300 &
				  279C.305
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0120 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Conduct
			 Disqualification" means a Disqualification under ORS 279C.440.
(2) "Disqualification" means the preclusion
			 of a Person from contracting with a Contracting Agency for a period of time in
			 accordance with OAR 137-049-0370.
(3) "Foreign Contractor" means a Contractor
			 that is not domiciled in or registered to do business in the State of Oregon.
			 See OAR 137-049-0480.
(4) "Notice"
			 means any of the alternative forms of public announcement of Procurements, as
			 described in OAR 137-049-0210.
(5)
			 "Work" means the furnishing of all services, materials, equipment, labor and
			 incidentals necessary to successfully complete any individual item or the
			 entire Contract and the carrying out and completion of all duties and
			 obligations imposed by the Contract.
Stat. Auth.: ORS 279A.065
Stats. Implemented: ORS 279A.065, OL 2015, ch 565 (HB
				  3303)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0130 - Competitive Bidding Requirement

Current through Register Vol. 63, No. 7, July 1, 2024
A Contracting Agency shall solicit Bids for Public Improvement
				Contracts by Invitation to Bid ("ITB"), except as otherwise allowed or required
				pursuant to ORS 279C.335 on competitive bidding
				exceptions and exemptions,
				279A.030 on federal law
				overrides or 279A.100 on affirmative action.
				Also see OAR 137-049-0600  to 137-049-0690  regarding the use of Alternative
				Contracting Methods, use of Alternative Contracting Methods for projects which
				are excepted or exempt from the competitive bidding process, use of Alternative
				Contracting Methods within the competitive bidding process and the process for
				obtaining an exemption from competitive bidding requirements.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279C.335
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0140 - Contracts for Construction Other Than Public Improvements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Procurement
			 Under ORS Chapter 279B. Pursuant to ORS
			 279C.320,
			 Public Contracts for construction Services that are not Public Improvement
			 Contracts may be procured and amended as general trade Services under the
			 provisions of ORS Chapter 279B rather than under the provisions of ORS Chapter
			 279C and these division 49 rules. Emergency Contracts for construction Services
			 are not Public Improvement Contracts and are regulated under ORS
			 279B.080.
(2) Application of ORS Chapter 279C.
			 Non-procurement provisions of ORS Chapter 279C and these division 49 rules may
			 still be applicable to the resulting Contracts. See, for example, particular
			 statutes on Disqualification (279C.440, 445, 450); Legal Actions (279C.460 and
			 465); Required Contract Conditions (279C.505, 515, 520, 530); Hours of Labor
			 (279C.540, 545); Retainage (279C.550, 555, 560, 565 and 570); Subcontracts
			 (279C.580); Action on Payment Bonds (279C.600, 605, 610, 615, 620, 625);
			 Termination (279C.650, 660, 670); and all of the Prevailing Wage Rates
			 requirements (279C.800 through 870) for Public Works Contracts.
Statutory/Other Authority: ORS
				  279A.065
Statutes/Other Implemented: ORS
				  279C.320