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 137-048-0270 - Price Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 Contracting Agency may establish Price Agreements for Architectural,
			 Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying
			 Services or Related Services, when the Contracting Agency cannot determine the
			 precise quantities of those Services which the Contracting Agency will require
			 over a specified time period.
(2)
			 When establishing Price Agreements under this rule, a Contracting Agency shall
			 select no fewer than three Consultants, when feasible. The selection procedures
			 for establishing Price Agreements shall be in accordance with OAR
			 137-048-0130(1)  or 137-048-0130(2), as applicable. Contracting Agencies may
			 select a single Consultant, when a Price Agreement is awarded to obtain
			 services for a specific Project or a closely-related group of
			 Projects.
(3) In addition to any
			 other applicable solicitation requirements set forth in these division 48
			 rules, solicitation materials and the terms and conditions for a Price
			 Agreement for Architectural, Engineering, Photogrammetric Mapping,
			 Transportation Planning or Land Surveying Services or Related Services must:
(a) Include a scope of services, menu of
			 services, a specification for services or a similar description of the nature,
			 general scope, complexity and purpose of the procurement that will reasonably
			 enable a prospective bidder or Proposer to decide whether to submit a bid or
			 proposal;
(b) Specify whether the
			 Contracting Agency intends to award a Price Agreement to one Consultant or to
			 multiple Consultants. If the Contracting Agency will award a Price Agreement to
			 more than one Consultant, the solicitation document and Price Agreement shall
			 describe the criteria and procedures the Contracting Agency will use to select
			 a Consultant for each individual work order or task order. Subject to the
			 requirements of ORS 279C.110, the criteria and
			 procedures to assign work orders or task orders that only involve or
			 predominantly involve Architectural, Engineering, Photogrammetric Mapping,
			 Transportation Planning or Land Surveying services are at the Contracting
			 Agency's sole discretion; provided, however, in circumstances where a direct
			 contract is not permitted under OAR 137-048-0200  and a State Contracting Agency
			 is conducting the solicitation, the selection criteria cannot be based on
			 pricing policies, pricing proposals or other pricing information, including the
			 number of hours proposed for the Services required, expenses, hourly rates and
			 overhead. In accordance with OAR 137-048-0130(2)  applicable to Related Services
			 procurements, the selection criteria and procedures may be based solely on the
			 qualifications of the Consultants, solely on pricing information, or a
			 combination of both qualifications and pricing information. Pricing information
			 for a Local Contracting Agency's solicitation of Architectural, Engineering,
			 Photogrammetric Mapping, Transportation Planning or Land Surveying services, or
			 any Contracting Agency's solicitation of Related Services, may include the
			 number of hours proposed for the services required, expenses, hourly rates, the
			 number of hours, overhead and other price factors. Work order or task order
			 assignment procedures under Price Agreements may include direct appointments,
			 subject to the requirements of OAR 137-048-0200; and
(c) Specify the maximum term for assigning
			 Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or
			 Land Surveying Services or Related Services under the Price
			 Agreement.