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 137-048-0260 - Two-Tiered Selection Procedure for Local Contracting Agency Public Improvement Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a Local
			 Contracting Agency requires an Architect, Engineer, Photogrammetrist,
			 Transportation Planner or Land Surveyor to perform Architectural, Engineering,
			 Photogrammetric Mapping, Transportation Planning or Land Surveying Services or
			 Related Services for a public improvement owned and maintained by that Local
			 Contracting Agency, and a State Agency will serve as the lead Contracting
			 Agency and will enter into Contracts with Architects, Photogrammetrists,
			 Transportation Planners, Engineers or Land Surveyors for Architectural,
			 Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying
			 Services or Related Services for that public improvement, the State Contracting
			 Agency shall utilize the two-tiered selection process described below to obtain
			 these Contracts with Architects, Engineers, Photogrammetrists, Transportation
			 Planners, or Land Surveyors.
(2)
			 Tier One. A State Contracting Agency shall, when feasible, identify no fewer
			 than the three (3) most qualified Proposers responding to an RFP that was
			 issued under the applicable selection procedures described in OAR 137-048-0210  (Informal Selection Procedure) and 137-048-0220  (Formal Selection Procedure),
			 or from among Architects, Engineers, Photogrammetrists, Transportation
			 Planners, or Land Surveyors identified under 137-048-0200  (Direct Appointment
			 Procedure), and shall notify the Local Contracting Agency of the Architects,
			 Engineers, Photogrammetrists, Transportation Planners, or Land Surveyors
			 selected.
(3) Tier Two. In
			 accordance with the qualifications based selection requirements of ORS
			 279C.110,
			 the Local Contracting Agency shall either:
(a) Select an Architect, Engineer,
			 Photogrammetrist, Transportation Planner or Land Surveyor from the State
			 Contracting Agency's list of Proposers to perform the Architectural,
			 Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying
			 Services or Related Services for Local Contracting Agency's public improvement;
			 or
(b) Select an Architect,
			 Engineer, Photogrammetrist, Transportation Planner or Land Surveyor to perform
			 the Architectural, Engineering, Photogrammetric Mapping, Transportation
			 Planning or Land Surveying Services or Related Services for Local Contracting
			 Agency's public improvement through an alternative process adopted by the Local
			 Contracting Agency, consistent with the provisions of the applicable RFP, if
			 any, and these division 48 rules. The Local Contracting Agency's alternative
			 process must be described in the applicable RFP, may be structured to take into
			 account the unique circumstances of the particular Local Contracting Agency and
			 may include provisions to allow the Local Contracting Agency to perform its
			 tier two responsibilities efficiently and economically, alone or in cooperation
			 with other Local Contracting Agencies. The Local Contracting Agency's
			 alternative process may include, but is not limited to, one or more of the
			 following methods:
(A) A general written
			 direction from the Local Contracting Agency to the State Contracting Agency,
			 prior to the advertisement of a Procurement or series of Procurements or during
			 the course of the Procurement or series of Procurements, that the Local
			 Contracting Agency's tier two selection shall be the highest-ranked firm
			 identified by the State Contracting Agency during the tier one process, and
			 that no further coordination or consultation with the Local Contracting Agency
			 is required. However, the Local Contracting Agency may provide written notice
			 to the State Contracting Agency that the Local Contracting Agency's general
			 written direction is not to be applied for a particular Procurement and
			 describe the process that the Local Contracting Agency will utilize for the
			 particular Procurement. In order for a written direction from the Local
			 Contracting Agency consistent with this subsection to be effective for a
			 particular Procurement, it must be received by the State Contracting Agency
			 with adequate time for the State Contracting Agency to revise the RFP in order
			 for Proposers to be notified of the tier two process to be utilized in the
			 Procurement. In the event of a multiple award under the terms of the applicable
			 Procurement, the written direction from the Local Contracting Agency may apply
			 to the highest ranked firms that are selected under the terms of the
			 Procurement document.
(B) An
			 intergovernmental agreement between the Local Contracting Agency and the State
			 Contracting Agency outlining the alternative process that the Local Contracting
			 Agency has adopted for a Procurement or series of Procurements.
(C) Where multiple Local Government Agencies
			 are involved in a two-tiered selection procedure, the Local Government Agencies
			 may name one or more authorized representative(s) to act on behalf of all the
			 Local Government Agencies, whether the Local Government Agencies are acting
			 collectively or individually, to select the Architect, Engineer,
			 Photogrammetrist, Transportation Planner or Land Surveyor to perform the
			 Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or
			 Land Surveying Services or Related Services under the tier two selection
			 process. In the event of a multiple award under the terms of the applicable
			 Procurement, the authorized representative(s) of the Local Contracting Agencies
			 may act on behalf of the Local Contracting Agencies to select the highest
			 ranked firms that are required under the terms of the Procurement document, as
			 part of the tier two selection process.