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

Current through Register Vol. 63, No. 7, July 1, 2024
(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), 137-048-0210  (Informal
			 Selection Procedure) or 137-048-0220  (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, 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(5).
(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), 137-048-0210  (Informal Selection Procedure), or
			 137-048-0220  (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), the
			 applicable provisions of 137-048-0210  (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)
			 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), the applicable provisions of 137-048-0210  (Informal
			 Selection Procedure) pertaining to obtaining and evaluating price and
			 qualifications Proposals, or the applicable provisions of 137-048-0220  (Formal
			 Selection Procedure) pertaining to obtaining and evaluating price and
			 qualifications Proposals. For selections under the informal selection procedure
			 of OAR 137-048-0210, Contracting Agencies may use abbreviated requests for
			 Proposals that nevertheless meet the requirements of OAR 137-048-0210, 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 and OAR 137-047-0270.
			 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.