Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 146 - GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 731-146-0016 - Mixed Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Definition. A "Mixed Contract" is a Contract related to a Procurement that will
			 include some combination of Goods, Services, Personal Services, Architectural,
			 Engineering, Photogrammetric Mapping, Transportation Planning, Land Surveying
			 Services or Related Services that is potentially subject to the rules in
			 chapter731, divisions 147, 148 and 149, which will be classified as a Goods
			 Contract, a Services Contract, a Personal Services Contract, an Architectural,
			 Engineering, Photogrammetric Mapping, Transportation Planning, Land Surveying
			 Services Contract, a Related Services Contract, or other kind of Contract
			 according to the predominant purpose of the Contract.
(2) Predominant Purpose. A Mixed Contract's
			 predominant purpose is determined by whether the majority of the amounts paid
			 or received under the Contract will be for a particular kind of service
			 (Personal Services, Architectural, Engineering, Photogrammetric Mapping,
			 Transportation Planning and Land Surveying Services, Related Services, some
			 other kind of Service) or for Goods.
(3) Application of the Mixed Contract
			 Concept.
(a) ODOT will process a Mixed
			 Contract using the statutes and rules applicable to the Contract's predominant
			 purpose.
(b) If the majority of the
			 amount to be paid under the Contract is for Architectural, Engineering,
			 Photogrammetric Mapping, Transportation Planning, Land Surveying Services, ODOT
			 shall comply with the requirements of ORS
			 279C.110 and division 148 of these Rules. If the majority of the amount to be paid under
			 the Contract is for Related Services as defined in ORS
			 279C.100(8),
			 ODOT shall comply with the requirements of ORS
			 279C.120 and division 148 of these Rules.
(c) Design-build Contracts involve the
			 Procurement of both design and construction services for public improvements
			 under one Contract. Under most circumstances, design-build Contracts are Mixed
			 Contracts with the predominant purpose of construction of the public
			 improvement. If the predominant purpose of the Contract is to obtain
			 Architectural, Engineering, Photogrammetric Mapping, Transportation Planning,
			 Land Surveying Services or Related Services, selection may proceed under ORS
			 279C.100 through
			 279C.125 and the OAR 731-148 rules. Otherwise, the selection process will require an
			 exemption from competitive bidding under ORS
			 279C.335,
			 if non-price factors will be evaluated during the procurement process. If it
			 becomes apparent during the course of a procurement process that a design-build
			 Contract solicited with a predominant purpose to obtain Architectural,
			 Engineering, Photogrammetric Mapping, Transportation Planning, Land Surveying
			 Services or Related Services in fact involves a predominant purpose to obtain
			 construction of a public improvement, ODOT shall cancel the solicitation and
			 proceed using laws and rules applicable to construction of a public
			 improvement.