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 137-048-0200 - Direct Appointment Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Contracting Agencies may enter into a
			 Contract directly with a Consultant without following the selection procedures
			 set forth elsewhere in these rules if:
(a)
			 Emergency. Contracting Agency finds that an Emergency exists; or
(b) Small Estimated Fee. The Estimated Fee to
			 be paid under the Contract does not exceed $100,000; or
(c) Continuation of Project With Intermediate
			 Estimated Fee. For Contracting Agencies where a Project is being continued, as
			 more particularly described below, and where the Estimated Fee will not exceed
			 $250,000, the Architectural, Engineering, Photogrammetric Mapping,
			 Transportation Planning or Land Surveying Services or Related Services to be
			 performed under the Contract must meet the following requirements:
(A) The services consist of or are related to
			 Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or
			 Land Surveying Services or Related Services that have been substantially
			 described, planned or otherwise previously studied in an earlier Contract with
			 the same Consultant and are rendered for the same Project as the Architectural,
			 Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying
			 Services or Related Services rendered under the earlier Contract;
(B) The Estimated Fee to be made under the
			 Contract does not exceed $250,000; and
(C) The Contracting Agency used either the
			 formal selection procedure under OAR 137-048-0220  (Formal Selection Procedure)
			 or the formal selection procedure applicable to selection of the Consultant at
			 the time of original selection to select the Consultant for the earlier
			 Contract; or
(d)
			 Continuation of Project With Extensive Estimated Fee. For Contracting Agencies
			 where a Project is being continued, as more particularly described below, and
			 where the Estimated Fee is expected to exceed $250,000, the Architectural,
			 Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying
			 Services or Related Services to be performed under the Contract must meet the
			 following requirements:
(A) The services
			 consist of or are related to Architectural, Engineering, Photogrammetric
			 Mapping, Transportation Planning or Land Surveying Services or Related Services
			 that have been substantially described, planned or otherwise previously studied
			 under an earlier Contract with the same Consultant and are rendered for the
			 same Project as the Architectural, Engineering, Photogrammetric Mapping,
			 Transportation Planning or Land Surveying Services or Related Services rendered
			 under the earlier Contract;
(B) The
			 Contracting Agency used either the formal selection procedure under OAR
			 137-048-0220  (Formal Selection Procedure) or the formal selection procedure
			 applicable to selection of the Consultant at the time of original selection to
			 select the Consultant for the earlier Contract; and
(C) The Contracting Agency makes written
			 findings that entering into a Contract with the Consultant, whether in the form
			 of an amendment to an existing Contract or a separate Contract for the
			 additional scope of services, will:
(i)
			 Promote efficient use of public funds and resources and result in substantial
			 cost savings to the Contracting Agency; and,
(ii) Protect the integrity of the Public
			 Contracting process and the competitive nature of the Procurement by not
			 encouraging favoritism or substantially diminishing competition in the award of
			 the Contract.