Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0620 - Use of Alternative Contracting Methods

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Competitive Bidding Exemptions. ORS
			 Chapter 279C requires a competitive bidding process for Public Improvement
			 Contracts, unless a statutory exception applies, a class of Contracts has been
			 exempted from the competitive bidding process, or an individual Contract has
			 been exempted from the competitive bidding process, in accordance with
			 279C.335 and any applicable
			 Contracting Agency administrative rules. Use of Alternative Contracting Methods
			 may be directed by the Contracting Agency if that use is within the competitive
			 bidding process, if feasible, or through an available statutory exception to
			 the competitive bidding process. Use of Alternative Contracting Methods must be
			 directed through a Contracting Agency's Contract Review Authority, however,
			 when use of the Alternative Contracting Method requires an exemption to the
			 prescribed competitive bidding requirement of
			 279C.335. In any of these
			 circumstances, use of Alternative Contracting Methods must be justified in
			 accordance with any applicable Code and Contracting Agency requirements and, if
			 required, these OAR 137-049-0600  to 137-049-0690  rules. See 137-049-0630  regarding required Findings and restrictions on exemptions from the competitive
			 bidding requirement under ORS
			 279C.335.
(2) Energy Savings Performance Contracts.
			 ESPCs are excepted from the competitive bidding requirements for Public
			 Improvement Contracts pursuant to ORS
			 279C.335(1)(f),
			 if the Contracting Agency complies with the procedures set forth in OAR
			 137-049-0600  to 137-049-0690  or parallel administrative rules meeting the
			 requirements of ORS 279A.065related to the solicitation, negotiation and
			 contracting for ESPC Work. If those procedures are not followed, an ESPC
			 procurement may still be exempted from competitive bidding requirements by
			 following the general exemption procedures within
			 279C.335.
(3) Post-Project Evaluation. ORS
			 279C.355requires that the Contracting Agency prepare a formal post-project
			 evaluation of Public Improvement projects in excess of $100,000 when the
			 Contracting Agency does not use the competitive bidding process required by
			 279C.335. The purpose of this
			 evaluation is to determine whether it was actually in the Contracting Agency's
			 best interest to use an Alternative Contracting Method outside the competitive
			 bidding process. The evaluation must be delivered to the Contracting Agency's
			 Contract Review Authority within 30 Days of the date the Contracting Agency
			 "accepts" the Public Improvement project, which event is typically defined in
			 the Contract. In the absence of such definition, acceptance of the Project
			 occurs on the later of the date of final payment or the date of final
			 completion of the Contract Work. ORS
			 279C.355 describes the timing
			 and content of this evaluation, with three required elements:
(a) Financial information, consisting of cost
			 estimates, any Guaranteed Maximum Price, changes and actual costs;
(b) A narrative description of successes and
			 failures during design, engineering and construction; and
(c) An objective assessment of the use of the
			 Alternative Contracting Method as compared to the exemption Findings.