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DEPARTMENT OF JUSTICE

 


DIVISION 48
MODEL RULES

CONSULTANT SELECTION: ARCHITECTURAL, ENGINEERING

AND LAND SURVEYING SERVICES AND RELATED SERVICES CONTRACTS

137-048-0100
Application
(1) The Attorney General is
required to prepare and maintain model rules of procedure that govern Public Contracting
under the Public Contracting Code and that are appropriate for use by all Contracting
Agencies. These division 48 rules apply to the screening and selection of Architects,
Engineers, Photogrammetrists, Transportation Planners, Land Surveyors and providers
of Related Services, under Contracts and set forth the following procedures:
(a) Procedures through which
Contracting Agencies select Consultants to perform Architectural, Engineering, Photogrammetric
Mapping, Transportation Planning or Land Surveying Services, or Related Services;
and
(b) Two-tiered procedures for
selection of Architects, Engineers, Photogrammetrists, Transportation Planners,
Land Surveyors and providers of Related Services for certain public improvements
owned and maintained by a Local Government.
(2) These division 48 rules
apply to any Contracting Agency with independent contracting authority that is seeking
the services of a Consultant to perform Architectural, Engineering, Photogrammetric
Mapping, Transportation Planning or Land Surveying Services, or Related Services,
if the Contracting Agency has not adopted its own rules of procedure for the screening
and selection of Consultants to perform Architectural, Engineering, Photogrammetric
Mapping, Transportation Planning or Land Surveying Services or Related Services,
as provided in ORS 279A.065(a).
(3) The dollar threshold amounts
that are applicable to the Direct Appointment Procedure, 137-048-0200, the Informal
Selection Procedure, 137-048-0210, and the Formal Selection Procedure, 137-048-0220,
are independent from and have no effect on the dollar threshold amounts that trigger
the legal sufficiency review requirement for State Contracting Agencies under ORS
291.047.
Stat. Auth.: ORS 279A.065, OL
2011, ch 458

Stats. Implemented: ORS 279A.065,
OL 2011, ch 458

Hist.: DOJ 11-2004, f. 9-1-04,
cert. ef. 3-1-05; DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06; DOJ 19-2007, f. 12-28-07,
cert. ef. 1-1-08; DOJ 10-2011, f. 11-29-11, cert. ef. 1-1-12
137-048-0110
Definitions
In addition to the definitions
set forth in ORS 279A.010, 279C.100, and OAR 137-046-0110, the following definitions
apply to these division 48 rules:
(1) "Consultant" means
an Architect, Engineer, Photogrammetrist, Transportation Planner, Land Surveyor
or provider of Related Services. A Consultant includes a business entity that employs
Architects, Engineers, Photogrammetrists, Transportation Planners, Land Surveyors
or providers of Related Services, or any combination of the foregoing. Provided,
however, when a Contracting Agency is entering into a direct Contract under OAR
137-048-0200(1)(c) or (d), the "Consultant" must be an Architect, Engineer, Photogrammetrist,
Transportation Planner or Land Surveyor, as required by ORS 279C.115(1).
(2) "Estimated Fee" means
Contracting Agency's reasonably projected fee to be paid for a Consultant's services
under the anticipated Contract, excluding
all anticipated reimbursable or other non-professional fee expenses. The Estimated
Fee is used solely to determine the applicable Contract solicitation method and
is distinct from the total amount payable under the Contract. The Estimated Fee
shall not be used as a basis to resolve other Public Contracting issues, including
without limitation, direct purchasing authority or Public Contract review and approval
under ORS 291.047.
(3) "Price Agreement," for purposes
of this Division 48, is limited to mean an agreement related to the procurement
of Architectural, Engineering, Photogrammetric Mapping, Transportation Planning
or Land Surveying Services, or Related Services, under agreed-upon terms and conditions,
including, but not limited to terms and conditions of later work orders or task
orders for Project-specific Services, and which may include Consultant compensation
information, with:
(a) No guarantee of a minimum
or maximum purchase; or
(b) An initial work order, task
order or minimum purchase, combined with a continuing Consultant obligation to provide
Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or
Land Surveying Services or Related Services in which the Contracting Agency does
not guarantee a minimum or maximum additional purchase.
(4) "Project" means all
components of a Contracting Agency's planned undertaking that gives rise to the
need for a Consultant's Architectural, Engineering, Photogrammetric Mapping, Transportation
Planning or Land Surveying Services, or Related Services, under a Contract.
(5) "Transportation Planning
Services" are defined in ORS 279C.100. Transportation Planning Services include
only Project-specific transportation planning involved in the preparation of categorical
exclusions, environmental assessments, environmental impact statements and other
documents required for compliance with the National Environmental Policy Act, 42
USC 4321 et. seq. Transportation Planning Services do not include transportation
planning for corridor plans, transportation system plans, interchange area management
plans, refinement plans and other transportation plans not directly associated with
an individual Project that will require compliance with the National Environmental
Policy Act, 42 USC 4321 et. seq. Transportation Planning Services also do not include
transportation planning for Projects not subject to the National Environmental Policy
Act, 42 USC 4321 et. seq.
Stat. Auth.: ORS 279A.065, OL
2011, ch 458

Stats. Implemented: ORS 279A.065,
OL 2011, ch 458

Hist.: DOJ 11-2004, f. 9-1-04,
cert. ef. 3-1-05; DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06; DOJ 10-2011, f. 11-29-11,
cert. ef. 1-1-12
137-048-0120
List of Interested Consultants; Performance Record
(1) Consultants who are engaged
in the lawful practice of their profession and who are interested in providing Architectural,
Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying
Services or Related Services, may annually submit a statement describing their qualifications
and related performance information to Contracting Agencies' office addresses. Contracting
Agencies shall use this information to create a list of prospective Consultants
and shall update this list at least once every two years.
(2) Contracting Agencies may
compile and maintain a record of each Consultant's performance under Contracts with
the particular Contracting Agency, including information obtained from Consultants
during an exit interview. Upon request and in accordance with the Oregon Public
Records Law (ORS 192.410 through 192.505), Contracting Agencies may make available
copies of the records.
(3) State Contracting Agencies
shall keep a record of all Contracts with Consultants and shall make these records
available to the public, consistent with the requirements of the Oregon Public Records
Law (ORS 192.410 through 192.505). State Contracting Agencies shall include the
following information in the record:
(a) Locations throughout the
state where the Contracts are performed;
(b) Consultants' principal office
address and all office addresses in the State of Oregon;
(c) Consultants' direct expenses
on each Contract, whether or not those direct expenses are reimbursed. "Direct expenses"
include all amounts that are directly attributable to Consultants' services performed
under each Contract, including personnel travel expenses, and that would not have
been incurred but for the services being performed. The record must include all
personnel travel expenses as a separate and identifiable expense on the Contract;
and
(d) The total number of Contracts
awarded to each Consultant over the immediately preceding 10-year period from the
date of the record.
Stat. Auth.: ORS 279A.065, OL
2011, ch 458

Stats. Implemented: ORS 279A.065
& 279C.110, OL 2011, ch 458

Hist.: DOJ 11-2004, f. 9-1-04,
cert. ef. 3-1-05; DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06; DOJ 10-2011, f. 11-29-11,
cert. ef. 1-1-12
137-048-0130
Applicable Selection Procedures; Pricing Information; Disclosure of Proposals; Conflicts of Interest
(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).
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 Contracting
Agency has selected the most qualified Consultant in accordance with the applicable
selection procedure; provided, however, this restriction on a Contracting Agency’s
solicitation or use of pricing policies, pricing Proposals or other pricing information
does not apply to selection procedures used by the 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(8) and (9). In following the Direct Appointment
Procedure under OAR 137-048-0200, a 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.
(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.
(3) A Contracting Agency
is not required to follow the procedures in Section (1) or Section (2) of this rule,
when the Contracting Agency has established Price Agreements with more than one
Consultant and is selecting a single Consultant to perform Architectural, Engineering,
Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related
Services under an individual work order or task order. Provided, however, the criteria
and procedures the Contracting Agency uses to select a single Consultant, when the
Contracting Agency has established Price Agreements with more than one Consultant,
must meet the requirements of OAR 137-048-0270 (Price Agreements).
(4) Contracting Agencies
may use electronic methods to screen and select a Consultant in accordance with
the procedures described in sections (1) and (2) of this rule. If a Contracting
Agency uses electronic methods to screen and select a Consultant, the Contracting
Agency shall first promulgate rules for conducting the screening and selection procedure
by electronic means, substantially in conformance with OAR 137-047-0330 (Electronic
Procurement).
(5) For purposes of these
division 48 rules, a “mixed” Contract is one requiring the Consultant
to perform Architectural, Engineering, Photogrammetric Mapping, Transportation Planning
or Land Surveying Services, and also provide Related Services, other Services or
other related Goods under the Contract. A Contracting Agency’s classification
of a procurement that will involve a “mixed” Contract will be determined
by the predominant purpose of the Contract. A Contracting Agency will determine
the predominant purpose of the Contract by determining which of the Services involves
the majority of the total Estimated Fee to be paid under the Contract. If the majority
of the total Estimated Fee to be paid under the Contract is for Architectural, Engineering,
Photogrammetric Mapping, Transportation Planning or Land Surveying Services, the
Contracting Agency shall comply with the requirements of ORS 279C.110 and section
(1) of this rule. If majority of the total Estimated Fee to be paid under the Contract
is for Related Services, the Contracting Agency shall comply with the requirements
of ORS 279C.120 and section (2) of this rule. If the majority of the total Estimated
Fee to be paid under the Contract is for some other Services or Goods under the
Public Contracting Code, the Contracting Agency shall comply with the applicable
provisions of the Public Contracting Code and divisions 46, 47 and 49 of the Model
Rules that match the predominant purpose of the Contract.
(6) In applying these rules,
State Contracting Agencies shall support the state’s goal of promoting a sustainable
economy in the rural areas of the state.
(7) Consistent with the requirements
of ORS 279C.107 and the remaining requirements of ORS 279C.100, 279C.105 and 279C.110
through 279C.125, the following provisions apply to Proposals received by a Contracting
Agency for Architectural, Engineering, Photogrammetric Mapping, Transportation Planning
or Land Surveying Services or Related Services:
(a) The term “competitive
proposal,” for purposes of ORS 279C.107, includes Proposals under OAR 137-048-0200
(Direct Appointment Procedure), 137-048-0210 (Informal Selection Procedure), 137-048-0220
(Formal Selection Procedure) or 137-048-0130(2)(c) (selection based on price and
qualifications) and any Proposals submitted in response to a selection process for
a work order or task order under 137-048-0270 (Price Agreements).
(b) For purposes of Proposals
received by a Contracting Agency under OAR 137-048-0200 (Direct Appointment Procedure),
a formal notice of intent to award is not required. As a result, while a Contracting
Agency may make Proposals under 137-048-0200 (Direct Appointment Procedure) open
for public inspection following the Contracting Agency’s decision to begin
Contract negotiations with the selected Consultant, 137-048-0200 Proposals are not
required to be open for public inspection until after the Contracting Agency has
executed a Contract with the selected Consultant.
(c) In the limited circumstances
permitted by ORS 279C.110, 279C.115 and 279C.120, where the Contracting Agency is
conducting discussions or negotiations with Proposers who submit Proposals that
the Contracting Agency has determined to be closely competitive or to have a reasonable
chance of being selected for award, the Contracting Agency may open Proposals so
as to avoid disclosure of Proposal contents to competing Proposers, consistent with
the requirements of ORS 279C.107. Otherwise, Contracting Agencies may open Proposals
in such a way as to avoid disclosure of the contents until after the Contracting
Agency executes a Contract with the selected Consultant. If the Contracting Agency
determines that it is in the best interest of the Contracting Agency to do so, the
Contracting Agencies may make Proposals available for public inspection following
the Contracting Agency’s issuance of a notice of intent to award a Contract
to a Consultant; and
(d) Disclosure of Proposals
and Proposal information is otherwise governed by ORS 279C.107.
(8) As required by ORS 279C.307,
pertaining to requirements to ensure the objectivity and independence of providers
of certain Personal Services which are procured under ORS chapter 279C, Contracting
Agencies may not:
(a) Procure the Personal
Services identified in ORS 279C.307 from a Contractor or an affiliate of a Contractor
who is a party to the Public Contract that is subject to administration, management,
monitoring, inspection, evaluation or oversight by means of the Personal Services;
or
(b) Procure the Personal
Services identified in ORS 279C.307 through the Public Contract that is subject
to administration, management, monitoring, inspection, evaluation or oversight by
means of the Personal Services.
(9) The requirements of ORS
279C.307 and section (8) of this rule apply in the following circumstances, except
as provided in section (10) of this rule:
(a) A Contracting Agency
requires the Procurement of Personal Services for the purpose of administering,
managing, monitoring, inspecting, evaluating compliance with or otherwise overseeing
a Public Contract or performance under a Public Contract that is subject to ORS
chapter 279C. A Public Contract that is “subject to ORS chapter 279C”
includes a Public Contract for Architectural, Engineering, Photogrammetric Mapping,
Transportation Planning or Land Surveying Services, a Public Contract for Related
Services or a Public Contract for construction services under ORS chapter 279C.
(b) The Procurements of Personal
Services subject to the restrictions of ORS 279C.307 include, but are not limited
to, the following:
(A) Procurements for Architectural,
Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying
Services, which involve overseeing or monitoring the performance of a construction
Contractor under a Public Contract for construction services subject to ORS chapter
279C;
(B) Procurements for commissioning
services, which involve monitoring, inspecting, evaluating or otherwise overseeing
the performance of a Contractor providing Architectural, Engineering, Photogrammetric
Mapping, Transportation Planning or Land Surveying Services or the performance of
a construction Contractor under a Public Contract for construction services subject
to ORS chapter 279C;
(C) Procurements for project
management services, which involve administration, management, monitoring, inspecting,
evaluating compliance with or otherwise overseeing the performance of a Contractor
providing Architectural, Engineering, Photogrammetric Mapping, Transportation Planning
or Land Surveying Services, construction services subject to ORS chapter 279C, commissioning
services or other Related Services for a Project;
(D) Procurements for special
inspections and testing services, which involve inspecting, testing or otherwise
overseeing the performance of a construction Contractor under a Public Contract
for construction services subject to ORS chapter 279C; and
(E) Procurements for other
Related Services or Personal Services, which involve administering, managing, monitoring,
inspecting, evaluating compliance with or otherwise overseeing the Public Contracts
described in Section (9)(a) of this rule.
(10) The restrictions of
ORS 279C.307 do not apply in the following circumstances, except as further specified
below:
(a) To a Contracting Agency’s
Procurement of both design services and construction services through a single “Design-Build”
Procurement, as that term is defined in OAR 137-049-0610. Such a Design-Build Procurement
includes a Procurement under an Energy Savings Performance Contract, as defined
in ORS 279A.010. Provided, however, the restrictions of ORS 279C.307 do apply to
a Contracting Agency’s Procurement of Personal Services for the purpose of
administering, managing, monitoring, inspecting, evaluating compliance with or otherwise
overseeing a Design-Build Contract or performance under such a Contract resulting
from a Design-Build Procurement; and
(b) To a Contracting Agency’s
Procurement of both pre-construction services and construction services through
a single Procurement of Construction Manager/General Contractor Services, as that
term is defined in ORS 279C.332(3). Provided, however, the restrictions of ORS 279C.307
do apply to a Contracting Agency’s Procurement of Personal Services for the
purpose of administering, managing, monitoring, inspecting, evaluating compliance
with or otherwise overseeing a Construction Manager/General Contractor Services
Contract or performance under such a Contract resulting from a Procurement of Construction
Manager/General Contractor Services.
Stat. Auth.: ORS 279A.065, OL 2011,
ch 458
Stats. Implemented: ORS 279A.065,
279C.100-279C.125, OL 2009, ch. 880, sec. 11, OL 2011, ch 458
Hist.: DOJ 11-2004, f. 9-1-04,
cert. ef. 3-1-05; DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06; DOJ 19-2007, f. 12-28-07,
cert. ef. 1-1-08; DOJ 15-2009, f. 12-1-09, cert. ef. 1-1-10; DOJ 10-2011, f. 11-29-11,
cert. ef. 1-1-12; DOJ 8-2012, f. 7-2-12, cert. ef. 8-1-12; DOJ 10-2014(Temp), f.
& cert. ef. 7-1-14 thru 12-26-14; Administrative correction, 1-27-15; DOJ 2-2015,
f. & cert. ef. 2-3-15

Selection Procedures

137-048-0200
Direct Appointment Procedure
(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.
(2) Contracting Agencies may
select a Consultant for a Contract under this rule from the following sources:
(a) The Contracting Agency's
list of Consultants that is created under OAR 137-048-0120 (List of Interested Consultants;
Performance Record);
(b) Another Contracting Agency's
list of Consultants that the Contracting Agency has created under OAR 137-048-0120
(List of Interested Consultants; Performance Record), with written consent of that
Contracting Agency; or
(c) All Consultants offering
the required Architectural, Engineering, Photogrammetric Mapping, Transportation
Planning or Land Surveying Services or Related Services that the Contracting Agency
reasonably can identify under the circumstances.
(3) The Contracting Agency shall
direct negotiations with a Consultant selected under this rule toward obtaining
written agreement on:
(a) The Consultant's performance
obligations and performance schedule;
(b) Payment methodology and
a maximum amount payable to the Consultant for the Architectural, Engineering, Photogrammetric
Mapping, Transportation Planning or Land Surveying Services or Related Services
required under the Contract that is fair and reasonable to the Contracting Agency
as determined solely by the Contracting Agency, taking into account the value, scope,
complexity and nature of the Architectural, Engineering, Photogrammetric Mapping,
Transportation Planning or Land Surveying Services or Related Services; and
(c) Any other provisions the
Contracting Agency believes to be in the Contracting Agency's best interest to negotiate.
Stat. Auth.: ORS 279A.065, OL
2011, ch 458

Stats. Implemented: ORS 279C110
& 279C.115, OL 2011, ch 458

Hist.: DOJ 11-2004, f. 9-1-04,
cert. ef. 3-1-05; DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06; DOJ 19-2007, f. 12-28-07,
cert. ef. 1-1-08; DOJ 15-2009, f. 12-1-09, cert. ef. 1-1-10; DOJ 10-2011, f. 11-29-11,
cert. ef. 1-1-12
137-048-0210
Informal Selection Procedure
(1) Contracting Agencies may use the
informal selection procedure described in this rule to obtain a Contract if the
Estimated Fee is expected not to exceed $250,000.
(2) Contracting Agencies
using the informal selection procedure on the basis of qualifications alone or,
for Related Services, on the basis of price and qualifications shall:
(a) Create a request for
Proposals (“RFP”) that includes at a minimum the following:
(A) A description of the
Project for which a Consultant's Architectural, Engineering, Photogrammetric Mapping,
Transportation Planning or Land Surveying Services or Related Services are needed
and a description of the Architectural, Engineering, Photogrammetric Mapping, Transportation
Planning or Land Surveying Services or Related Services that will be required under
the resulting Contract;
(B) The anticipated Contract
performance schedule;
(C) Conditions or limitations,
if any, that may constrain or prohibit the selected Consultant's ability to provide
additional services related to the Project, including construction services;
(D) The date and time Proposals
are due and other directions for submitting Proposals;
(E) Criteria upon which the
most qualified Consultant will be selected. Selection criteria may include, but
are not limited to, the following:
(i) The amount and type of
resources and number of experienced staff the Consultant has committed to perform
the Architectural, Engineering, Photogrammetric Mapping, Transportation Planning
or Land Surveying Services or Related Services described in the RFP within the applicable
time limits, including the current and projected workloads of such staff and the
proportion of time such staff would have available for the Architectural, Engineering,
Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related
Services;
(ii) Proposed management
techniques for the Architectural, Engineering, Photogrammetric Mapping, Transportation
Planning or Land Surveying Services or Related Services described in the RFP;
(iii) A Consultant's capability,
experience and past performance history and record in providing similar Architectural,
Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying
Services or Related Services, including but not limited to quality of work, ability
to meet schedules, cost control methods and Contract administration practices;
(iv) A Consultant's approach
to Architectural, Engineering, Photogrammetric Mapping, Transportation Planning
or Land Surveying Services or Related Services described in the RFP and design philosophy,
if applicable;
(v) A Consultant's geographic
proximity to and familiarity with the physical location of the Project;
(vi) Volume of work, if any,
previously awarded to a Consultant, with the objective of effecting equitable distribution
of Contracts among qualified Consultants, provided such distribution does not violate
the principle of selecting the most qualified Consultant for the type of professional
services required;
(vii) A Consultant's ownership
status and employment practices regarding women, minorities and emerging small businesses
or historically underutilized businesses;
(viii) If the Contracting
Agency is selecting a Consultant to provide Related Services, pricing policies and
pricing proposals or other pricing information, including the number of hours proposed
for the services required, expenses, hourly rates and overhead.
(F) A Statement that Proposers
responding to the RFP do so solely at their expense, and Contracting Agency is not
responsible for any Proposer expenses associated with the RFP;
(G) A statement directing
Proposers to the protest procedures set forth in these Division 48 rules; and
(H) A sample form of the
Contract.
(b) Provide an RFP to a minimum
of five (5) prospective Consultants. If fewer than five (5) prospective Consultants
are available, Contracting Agencies shall provide the RFP to all available prospective
Consultants and shall maintain a written record of the Contracting Agencies’
efforts to locate available prospective Consultants for the RFP. Contracting Agencies
shall draw prospective Consultants from:
(A) The Contracting Agency's
list of Consultants that is created and maintained under OAR 137-048-0120 (List
of Interested Consultants; Performance Record);
(B) Another Contracting Agency's
list of Consultants that is created and maintained under OAR 137-048-0120 (List
of Interested Consultants; Performance Record); or
(C) All Consultants that
the Contracting Agency reasonably can locate that offer the desired Architectural,
Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying
Services or Related Services, or any combination of the foregoing.
(c) Review and rank all Proposals
received according to the criteria set forth in the RFP, and select the three highest
ranked Proposers.
(3) Contracting Agencies
using the informal selection procedure for Related Services on the basis of price
Proposals and other pricing information alone shall:
(a) Create an RFP that includes
at a minimum the following:
(A) A description of the
Project for which a Consultant's Related Services are needed and a description of
the Related Services that will be required under the resulting Contract;
(B) The anticipated Contract
performance schedule;
(C) Conditions or limitations,
if any, that may constrain or prohibit the selected Consultant's ability to provide
additional services related to the Project, including construction services;
(D) The date and time Proposals
are due and other directions for submitting Proposals;
(E) Any minimum or pass-fail
qualifications that the Proposers must meet, including but not limited to any such
qualifications in the subject matter areas described in section (2)(a)(E)(i) through
section (2)(a)(E)(vii) of this rule that are related to the Related Services described
in the RFP;
(F) Pricing criteria upon
which the highest ranked Consultant will be selected. Pricing criteria may include,
but are not limited to, the total price for the Related Services described in the
RFP, Consultant pricing policies and other pricing information such as the Consultant’s
estimated number of staff hours needed to perform the Related Services described
in the RFP, expenses, hourly rates and overhead;
(G) A statement directing
Proposers to the protest procedures set forth in these Division 48 rules; and
(H) A sample form of the
Contract.
(b) Provide the RFP to a
minimum of five (5) prospective Consultants. If fewer than five (5) prospective
Consultants are available, Contracting Agencies shall provide the RFP to all available
prospective Consultants and shall maintain a written record of the Contracting Agencies’
efforts to locate available prospective Consultants for the RFP. Contracting Agencies
shall draw prospective Consultants from:
(A) The Contracting Agency's
list of Consultants that is created and maintained under OAR 137-048-0120 (List
of Interested Consultants; Performance Record);
(B) Another Contracting Agency's
list of Consultants that is created and maintained under OAR 137-048-0120 (List
of Interested Consultants; Performance Record); or
(C) All Consultants that
the Contracting Agency reasonably can locate that offer the desired Related Services;
and.
(c) Review and rank all responsive
Proposals received, according to the total price for the Related Services described
in the RFP, Consultant pricing policies and other pricing information requested
in the RFP, including but not limited to the number of hours proposed for the Related
Services required, expenses, hourly rates and overhead, and select the three highest-ranked
Proposers.
(4) When the Estimated Fee
in an informal selection procedure is expected not to exceed $150,000, the Contracting
Agency is only required to provide the RFP under sections (2) and (3) of this rule
to three (3) prospective Consultants. If fewer than three (3) prospective Consultants
are available, the Contracting Agency shall provide the RFP to all available prospective
Consultants and shall maintain a written record of the Contracting Agency’s
efforts to locate available prospective Consultants for the RFP.
(5) If the Contracting Agency
does not cancel the RFP after it reviews the Proposals and ranks each Proposer,
the Contracting Agency will begin negotiating a Contract with the highest ranked
Proposer. The Contracting Agency shall direct Contract negotiations toward obtaining
written agreement on the following:
(a) The Consultant's performance
obligations and performance schedule;
(b) Payment methodology and
a maximum amount payable to the Consultant for the Architectural, Engineering, Photogrammetric
Mapping, Transportation Planning or Land Surveying Services or Related Services
required under the Contract that is fair and reasonable to the Contracting Agency
as determined solely by the Contracting Agency, taking into account the value, scope,
complexity and nature of the Architectural, Engineering, Photogrammetric Mapping,
Transportation Planning or Land Surveying Services or Related Services; and
(c) Any other provisions
the Contracting Agency believes to be in the Contracting Agency's best interest
to negotiate.
(6) The Contracting Agency
shall, either orally or in writing, formally terminate negotiations with the highest
ranked Proposer, if the Contracting Agency and the Proposer are unable for any reason
to reach agreement on a Contract within a reasonable amount of time. The Contracting
Agency may thereafter negotiate with the second ranked Proposer, and if necessary,
with the third ranked Proposer, in accordance with section (4) of this rule, until
negotiations result in a Contract. If negotiations with any of the top three Proposers
do not result in a Contract within a reasonable amount of time, the Contracting
Agency may end the particular informal solicitation and thereafter may proceed with
a new informal solicitation under this rule or proceed with a formal solicitation
under OAR 137-048-0220 (Formal Selection Procedure).
(7) The Contracting Agency
shall terminate the informal selection procedure and proceed with the formal selection
procedure under OAR 137-048-0220 if the scope of the anticipated Contract is revised
during negotiations so that the Estimated Fee will exceed $250,000.
Stat. Auth.: ORS 279A.065, OL 2011,
ch 458
Stats. Implemented: ORS 279C.110,
OL 2011, ch 458
Hist.: DOJ 11-2004, f. 9-1-04,
cert. ef. 3-1-05; DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06; DOJ 19-2007, f. 12-28-07,
cert. ef. 1-1-08; DOJ 15-2009, f. 12-1-09, cert. ef. 1-1-10; DOJ 10-2011, f. 11-29-11,
cert. ef. 1-1-12; DOJ 10-2014(Temp), f. & cert. ef. 7-1-14 thru 12-26-14; Administrative
correction, 1-27-15; DOJ 2-2015, f. & cert. ef. 2-3-15
137-048-0220
Formal Selection Procedure
(1) Subject to OAR 137-048-0130 (Applicable
Selection Procedures; Pricing Information; Disclosure of Proposals), Contracting
Agencies shall use the formal selection procedure described in this rule to select
a Consultant if the Consultant cannot be selected under either 137-048-0200 (Direct
Appointment Procedure) or under 137-048-0210 (Informal Selection Procedure). The
formal selection procedure described in this rule may otherwise be used at Contracting
Agencies’ discretion.
(2) Contracting Agencies
using the formal selection procedure shall obtain Contracts through public advertisement
of RFPs, or Requests for Qualifications followed by RFPs.
(a) Except as provided in
subsection (b) of this section, a Contracting Agency shall advertise each RFP and
RFQ at least once in at least one newspaper of general circulation in the area where
the Project is located and in as many other issues and publications as may be necessary
or desirable to achieve adequate competition. Other issues and publications may
include, but are not limited to, local newspapers, trade journals, and publications
targeted to reach the minority, women and emerging small business enterprise audiences.
(A) A Contracting Agency
shall publish the advertisement within a reasonable time before the deadline for
the Proposal submission or response to the RFQ or RFP, but in any event no fewer
than fourteen (14) calendar days before the closing date set forth in the RFQ or
RFP.
(B) A Contracting Agency
shall include a brief description of the following items in the advertisement:
(i) The Project;
(ii) A description of the
Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or
Land Surveying Services or Related Services the Contracting Agency seeks;
(iii) How and where Consultants
may obtain a copy of the RFQ or RFP; and
(iv) The deadline for submitting
a Proposal or response to the RFQ or RFP.
(b) In the alternative to
advertising in a newspaper as described in subsection (2)(a) of this rule, the Contracting
Agency shall publish each RFP and RFQ by one or more of the electronic methods identified
in OAR 137-046-0110(14). The Contracting Agency shall comply with subsections (2)(a)(A)
and (2)(a)(B) of this rule when publishing advertisements by electronic methods.
(c) A Contracting Agency
may send notice of the RFP or RFQ directly to all Consultants on the Contracting
Agency’s list of Consultants that is created and maintained under OAR 137-048-0120
(List of Interested Consultants; Performance Record).
(3) Request for Qualifications
Procedure. Contracting Agencies may use the RFQ procedure to evaluate potential
Consultants and establish a short list of qualified Consultants to whom the Contracting
Agency may issue an RFP for some or all of the Architectural, Engineering, Photogrammetric
Mapping, Transportation Planning or Land Surveying Services or Related Services
described in the RFQ.
(a) A Contracting Agency
shall include the following, at a minimum, in each RFQ:
(A) A brief description of
the Project for which the Contracting Agency is seeking a Consultant;
(B) A description of the
Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or
Land Surveying Services or Related Services the Contracting Agency seeks for the
Project;
(C) Conditions or limitations,
if any, that may constrain or prohibit the selected Consultant’s ability to
provide additional services related to the Project, including but not limited to
construction services;
(D) The deadline for submitting
a response to the RFQ;
(E) A description of required
Consultant qualifications for the Architectural, Engineering, Photogrammetric Mapping,
Transportation Planning or Land Surveying Services or Related Services the Contracting
Agency seeks;
(F) The RFQ evaluation criteria,
including weights, points or other classifications applicable to each criterion;
(G) A statement whether or
not the Contracting Agency will hold a pre-qualification meeting for all interested
Consultants to discuss the Project and the Architectural, Engineering, Photogrammetric
Mapping, Transportation Planning or Land Surveying Services or Related Services
described in the RFQ and if a pre-qualification meeting will be held, the location
of the meeting and whether or not attendance is mandatory; and
(H) A Statement that Consultants
responding to the RFQ do so solely at their expense, and that the Contracting Agency
is not responsible for any Consultant expenses associated with the RFQ.
(b) A Contracting Agency
may include a request for any or all of the following in each RFQ:
(A) A statement describing
Consultants’ general qualifications and related performance information;
(B) A description of Consultants’
specific qualifications to perform the Architectural, Engineering, Photogrammetric
Mapping, Transportation Planning or Land Surveying Services or Related Services
described in the RFQ including Consultants’ committed resources and recent,
current and projected workloads;
(C) A list of similar Architectural,
Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying
Services or Related Services and references concerning past performance, including
but not limited to price and cost data from previous projects, quality of work,
ability to meet schedules, cost control and contract administration;
(D) A copy of all records,
if any, of Consultants’ performance under Contracts with any other Contracting
Agency;
(E) The number of Consultants’
experienced staff committed to perform the Architectural, Engineering, Photogrammetric
Mapping, Transportation Planning or Land Surveying Services or Related Services
described in the RFQ, including such personnel’s specific qualifications and
experience and an estimate of the proportion of time that such personnel would spend
on those services;
(F) Consultants’ approaches
to Architectural, Engineering, Photogrammetric Mapping, Transportation Planning
or Land Surveying Services or Related Services described in the RFQ and design philosophy,
if applicable;
(G) Consultants’ geographic
proximity to and familiarity with the physical location of the Project;
(H) Consultants’ Ownership
status and employment practices regarding women, minorities and emerging small businesses
or historically underutilized businesses;
(I) If the Contracting Agency
is selecting a Consultant to provide Related Services, Consultants’ pricing
policies and pricing Proposals or other pricing information, including the number
of hours estimated for the services required, expenses, hourly rates and overhead;
(J) Consultants’ ability
to assist a State Contracting Agency in complying with art acquisition requirements,
pursuant to ORS 276.073 through 276.090;
(K) Consultants’ ability
to assist a State Contracting Agency in complying with State of Oregon energy efficient
design requirements, pursuant to ORS 276.900 through 276.915;
(L) Consultants’ ability
to assist a Contracting Agency in complying with the energy technology requirements
of ORS 279C.527 and 279C.528; and
(M) Any other information
the Contracting Agency deems reasonably necessary to evaluate Consultants’
qualifications.
(c) RFQ Evaluation Committee.
The Contracting Agency shall establish an RFQ evaluation committee of at least two
(2) individuals to review, score and rank the responding Consultants according to
the evaluation criteria. The Contracting Agency may appoint to the evaluation committee
Contracting Agency employees or employees of other public agencies with experience
in Architectural, Engineering, Photogrammetric Mapping, Transportation Planning
or Land Surveying Services, Related Services, construction services or Public Contracting.
If the Contracting Agency procedure permits, the Contracting Agency may include
on the evaluation committee private practitioners of architecture, engineering,
photogrammetry, transportation planning, land surveying or related professions.
The Contracting Agency shall designate one member of the evaluation committee as
the evaluation committee chairperson.
(d) A Contracting Agency
may use any reasonable screening or evaluation method to establish a short list
of qualified Consultants, including but not limited to, the following:
(A) Requiring Consultants
responding to an RFQ to achieve a threshold score before qualifying for placement
on the short list;
(B) Placing a pre-determined
number of the highest scoring Consultants on a short list;
(C) Placing on a short list
only those Consultants with certain essential qualifications or experience, whose
practice is limited to a particular subject area, or who practice in a particular
geographic locale or region, provided that such factors are material, would not
unduly restrict competition, and were announced as dispositive in the RFQ.
(e) After the evaluation
committee reviews, scores and ranks the responding Consultants, the Contracting
Agency shall establish a short list of at least three qualified Consultants, if
feasible; provided however, if four or fewer Consultants responded to the RFQ or
if fewer than three Consultants fail to meet the Contracting Agency’s minimum
requirements, then:
(A) The Contracting Agency
may establish a short list of fewer than three qualified Consultants; or
(B) The Contracting Agency
may cancel the RFQ and issue an RFP.
(f) No Consultant will be
eligible for placement on a Contracting Agency’s short list established under
subsection (3)(d) of this rule if Consultant or any of Consultant’s principals,
partners or associates are members of the Contracting Agency’s RFQ evaluation
committee.
(g) Except when the RFQ is
cancelled, a Contracting Agency shall provide a copy of the subsequent RFP to each
Consultant on the short list.
(4) Formal Selection of Consultants
Through Request for Proposals. Contracting Agencies shall use the procedure described
in section (4) of this rule when issuing an RFP for a Contract described in section
(1) of this rule.
(a) RFP Required Contents.
Contracting Agencies using the formal selection procedure shall include at least
the following in each RFP, whether or not the RFP is preceded by an RFQ:
(A) General background information,
including a description of the Project and the specific Architectural, Engineering,
Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related
Services sought for the Project, the estimated Project cost, the estimated time
period during which the Project is to be completed, and the estimated time period
in which the specific Architectural, Engineering, Photogrammetric Mapping, Transportation
Planning or Land Surveying Services or Related Services sought will be performed;
(B) The RFP evaluation process
and the criteria which will be used to select the most qualified Proposer, including
the weights, points or other classifications applicable to each criterion. If the
Contracting Agency does not indicate the applicable number of points, weights or
other classifications, then each criterion is of equal value. Evaluation criteria
may include, but are not limited to, the following:
(i) Proposers’ availability
and capability to perform the Architectural, Engineering, Photogrammetric Mapping,
Transportation Planning or Land Surveying Services or Related Services described
in the RFP;
(ii) Experience of Proposers’
key staff persons in providing similar Architectural, Engineering, Photogrammetric
Mapping, Transportation Planning or Land Surveying Services, or Related Services
on comparable projects;
(iii) The amount and type
of resources, and number of experienced staff persons Proposers have committed to
perform the Architectural, Engineering, Photogrammetric Mapping, Transportation
Planning or Land Surveying Services or Related Services described in the RFP;
(iv) The recent, current
and projected workloads of the staff and resources referenced in section (4)(a)(B)(iii),
above;
(v) The proportion of time
Proposers estimate that the staff referenced in section (4)(a)(B)(iii), above, would
spend on the Architectural, Engineering, Photogrammetric Mapping, Transportation
Planning or Land Surveying Services or Related Services described in the RFP;
(vi) Proposers’ demonstrated
ability to complete successfully similar Architectural, Engineering, Photogrammetric
Mapping, Transportation Planning or Land Surveying Services or Related Services
on time and within budget, including whether or not there is a record of satisfactory
performance under OAR 137-048-0120 (List of Interested Consultants; Performance
Record);
(vii) References and recommendations
from past clients;
(viii) Proposers’ performance
history in meeting deadlines, submitting accurate estimates, producing high quality
work, meeting financial obligations, price and cost data from previous projects,
cost controls and contract administration;
(ix) Status and quality of
any required license or certification;
(x) Proposers’ knowledge
and understanding of the Project and Architectural, Engineering and Land Surveying
Services or Related Services described in the RFP as shown in Proposers’ approaches
to staffing and scheduling needs for the Architectural, Engineering, Photogrammetric
Mapping, Transportation Planning or Land Surveying Services or Related Services
and proposed solutions to any perceived design and constructability issues;
(xi) Results from interviews,
if conducted;
(xii) Design philosophy,
if applicable, and approach to the Architectural, Engineering, Photogrammetric Mapping,
Transportation Planning or Land Surveying Services or Related Services described
in the RFP;
(xiii) If the Contracting
Agency is selecting a Consultant to provide Related Services, pricing policies and
pricing Proposals or other pricing information, including the number of hours proposed
for the services required, expenses, hourly rates and overhead; and
(xiv) Any other criteria
that the Contracting Agency deems relevant to the Project and the Architectural,
Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying
Services or Related Services described in the RFP, including, where the nature and
budget of the Project so warrant, a design competition between competing Proposers.
Provided, however, these additional criteria cannot include pricing policies, pricing
Proposals or other pricing information, including the number of hours proposed for
the services required, expenses, hourly rates and overhead, when the sole purpose
or predominant purpose of the RFP is to obtain Architectural, Engineering, Photogrammetric
Mapping, Transportation Planning or Land Surveying Services.
(C) Conditions or limitations,
if any, that may constrain or prohibit the selected Consultant’s ability to
provide additional services related to the Project, including but not limited to
construction services;
(D) Whether interviews are
possible and if so, the weight, points or other classifications applicable to the
potential interview;
(E) The date and time Proposals
are due, and the delivery location for Proposals;
(F) Reservation of the right
to seek clarifications of each Proposal;
(G) Reservation of the right
to negotiate a final Contract that is in the best interest of the Contracting Agency;
(H) Reservation of the right
to reject any or all Proposals and reservation of the right to cancel the RFP at
any time if doing either would be in the public interest as determined by the Contracting
Agency;
(I) A Statement that Proposers
responding to the RFP do so solely at their expense, and Contracting Agency is not
responsible for any Proposer expenses associated with the RFP;
(J) A statement directing
Proposers to the protest procedures set forth in these division 48 rules;
(K) Special Contract requirements,
including but not limited to disadvantaged business enterprise (“DBE”),
minority business enterprise (“MBE”), women business enterprise (“WBE”)
and emerging small business enterprise (“ESB”) participation goals or
good faith efforts with respect to DBE, MBE, WBE and ESB participation, and federal
requirements when federal funds are involved;
(L) A statement whether or
not the Contracting Agency will hold a pre-Proposal meeting for all interested Consultants
to discuss the Project and the Architectural, Engineering, Photogrammetric Mapping,
Transportation Planning or Land Surveying Services or Related Services described
in the RFP and if a pre- Proposal meeting will be held, the location of the meeting
and whether or not attendance is mandatory;
(M) A request for any information
the Contracting Agency deems reasonably necessary to permit the Contracting Agency
to evaluate, rank and select the most qualified Proposer to perform the Architectural,
Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying
Services or Related Services described in the RFP; and
(N) A sample form of the
Contract.
(b) RFP Contents for Related
Services Selections Based on Price Only. Contracting Agencies using the formal selection
procedure shall include at least the following in each RFP, whether or not the RFP
is preceded by an RFQ, when the formal selection procedure is for Related Services
selected on the basis of price Proposals and other pricing information only:
(A) General background information,
including a description of the Project and the specific Related Services sought
for the Project, the estimated Project cost, the estimated time period during which
the Project is to be completed, and the estimated time period in which the specific
Related Services sought will be performed;
(B) The RFP evaluation process
and the price criteria which will be used to select the highest ranked Proposer,
including the weights, points or other classifications applicable to each criterion.
If the Contracting Agency does not indicate the applicable number of points, weights
or other classifications, then each criterion is of equal value. Evaluation price
criteria may include, but are not limited to, the total price for the Related Services
described in the RFP, Consultant pricing policies, and other pricing information
such as the Consultant’s estimated number of staff hours needed to perform
the Related Services described in the RFP, expenses, hourly rates and overhead;
(C) Any minimum or pass-fail
qualifications that the Proposers must meet, including but not limited to any such
qualifications in the subject matter areas described in section (4)(a)(B)(i) through
section (4)(a)(B)(xii) of this rule; and
(D) The information listed
in section (4)(a)(C) through section (4)(a)(N) of this rule pertaining to the Related
Services described in the RFP.
(c) RFP Evaluation Committee.
The Contracting Agency shall establish a committee of at least three individuals
to review, score and rank Proposals according to the evaluation criteria set forth
in the RFP. If the RFP has followed an RFQ, the Contracting Agency may include the
same members who served on the RFQ evaluation committee. The Contracting Agency
may appoint to the evaluation committee Contracting Agency employees or employees
of other public agencies with experience in Architectural, Engineering, Photogrammetric
Mapping, Transportation Planning or Land Surveying, Related Services, construction
services or Public Contracting. At least one member of the evaluation committee
must be a Contracting Agency employee. If the Contracting Agency procedure permits,
the Contracting Agency may include on the evaluation committee private practitioners
of architecture, engineering, land surveying or related professions. The Contracting
Agency shall designate one of its employees who also is a member of the evaluation
committee as the evaluation committee chairperson.
(A) No Proposer will be eligible
for award of the Contract under the RFP if Proposer or any of Proposer’s principals,
partners or associates are members of the Contracting Agency’s RFP evaluation
committee for the Contract;
(B) If the RFP provides for
the possibility of Proposer interviews, the evaluation committee may elect to interview
Proposers if the evaluation committee considers it necessary or desirable. If the
evaluation committee conducts interviews, it shall award weights, points or other
classifications indicated in the RFP for the anticipated interview; and
(C) The evaluation committee
shall provide to the Contracting Agency the results of the scoring and ranking for
each Proposer.
(d) If the Contracting Agency
does not cancel the RFP after it receives the results of the scoring and ranking
for each Proposer, the Contracting Agency will begin negotiating a Contract with
the highest ranked Proposer. The Contracting Agency shall direct negotiations toward
obtaining written agreement on:
(A) The Consultant’s
performance obligations and performance schedule;
(B) Payment methodology and
a maximum amount payable to the Consultant for the Architectural, Engineering, Photogrammetric
Mapping, Transportation Planning or Land Surveying Services or Related Services
required under the Contract that is fair and reasonable to the Contracting Agency
as determined solely by the Contracting Agency, taking into account the value, scope,
complexity and nature of the Architectural, Engineering, Photogrammetric Mapping,
Transportation Planning or Land Surveying Services or Related Services; and
(C) Any other provisions
the Contracting Agency believes to be in the Contracting Agency’s best interest
to negotiate.
(e) The Contracting Agency
shall, either orally or in writing, formally terminate negotiations with the highest
ranked Proposer if the Contracting Agency and Proposer are unable for any reason
to reach agreement on a Contract within a reasonable amount of time. The Contracting
Agency may thereafter negotiate with the second ranked Proposer, and if necessary,
with the third ranked Proposer, and so on, in accordance with section (4)(c) of
this rule, until negotiations result in a Contract. If negotiations with any Proposer
do not result in a Contract within a reasonable amount of time, the Contracting
Agency may end the particular formal solicitation. Nothing in this rule precludes
a Contracting Agency from proceeding with a new formal solicitation for the same
Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or
Land Surveying Services or Related Services described in the RFP that failed to
result in a Contract.
Stat. Auth.: ORS 279A.065, OL 2011,
ch 458
Stats. Implemented: ORS 279C.110,
279C.527, OL 2011, ch 458
Hist.: DOJ 11-2004, f. 9-1-04,
cert. ef. 3-1-05; DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06; DOJ 19-2007, f. 12-28-07,
cert. ef. 1-1-08; DOJ 15-2009, f. 12-1-09, cert. ef. 1-1-10; DOJ 10-2011, f. 11-29-11,
cert. ef. 1-1-12; DOJ 8-2012, f. 7-2-12, cert. ef. 8-1-12; DOJ 10-2014(Temp), f.
& cert. ef. 7-1-14 thru 12-26-14; Administrative correction, 1-27-15; DOJ 2-2015,
f. & cert. ef. 2-3-15
137-048-0230
Ties Among Proposers
(1) If a Contracting Agency
is selecting a Consultant on the basis of qualifications alone and determines after
the ranking of Proposers that two or more Proposers are equally qualified, the Contracting
Agency may select a candidate through any process that the Contracting Agency believes
will result in the best value for the Contracting Agency taking into account the
scope, complexity and nature of the Architectural, Engineering, Photogrammetric
Mapping, Transportation Planning or Land Surveying Services. Provided, however,
the tie breaking process established by the Contracting Agency under this section
(1) cannot be based on the Consultant's pricing policies, pricing proposals or other
pricing information, including the number of hours proposed for the services required,
expenses, hourly rates and overhead. The process must be designed to instill public
confidence through ethical and fair dealing, honesty and good faith on the part
of the Contracting Agency and Proposers and shall protect the integrity of the Public
Contracting process. Once a tie is broken, the Contracting Agency and the selected
Proposer shall proceed with negotiations under OAR 137-048-0210(3) or 137-048-0220(4)(c),
as applicable.
(2) If a Contracting Agency
is selecting a Consultant on the basis of price alone, or on the basis of price
and qualifications, and determines after the ranking of Proposers that two or more
Proposers are identical in terms of price or are identical in terms of price and
qualifications, then the Contracting Agency shall follow the procedure set forth
in OAR 137-046-0300, (Preferences for Oregon Goods and Services), to select the
Consultant.
Stat. Auth.: ORS 279A.065, OL
2011, ch 458

Stats. Implemented: ORS 279C.110,
OL 2011, ch 458

Hist.: DOJ 11-2004, f. 9-1-04,
cert. ef. 3-1-05; DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06; DOJ 10-2011, f. 11-29-11,
cert. ef. 1-1-12
137-048-0240
Protest Procedures
(1) RFP Protest and Request
for Change. Consultants may submit a written protest of anything contained in
an RFP and may request a change to any provision, specification or Contract term
contained in an RFP, no later than seven (7) calendar days prior to the date Proposals
are due, unless a different deadline is indicated in the RFP. Each protest and request
for change must include the reasons for the protest or request, and any proposed
changes to the RFP provisions, specifications or Contract terms. The Contracting
Agency may not consider any protest or request for change that is submitted after
the submission deadline.
(2) Protest of Consultant
Selection.
(a) Single Award. In the event
of an award to a single Proposer, the Contracting Agency shall provide to all Proposers
a copy of the selection notice that the Contracting Agency sent to the highest ranked
Proposer. A Proposer who claims to have been adversely affected or aggrieved by
the selection of the highest ranked Proposer may submit a written protest of the
selection to the Contracting Agency no later than seven (7) calendar days after
the date of the selection notice unless a different deadline is indicated in the
RFP. A Proposer submitting a protest must claim that the protesting Proposer is
the highest ranked Proposer because the Proposals of all higher ranked Proposers
failed to meet the requirements of the RFP or because the higher ranked Proposers
otherwise are not qualified to perform the Architectural, Engineering, Photogrammetric
Mapping, Transportation Planning or Land Surveying Services or Related Services
described in the RFP.
(b) Multiple Award. In the event
of an award to more than one Proposer, the Contracting Agency shall provide to all
Proposers copies of the selection notices that the Contracting Agency sent to the
highest ranked Proposers. A Proposer who claims to have been adversely affected
or aggrieved by the selection of the highest ranked Proposers may submit a written
protest of the selection to the Contracting Agency no later than seven (7) calendar
days after the date of the selection notices, unless a different deadline is indicated
in the RFP. A Proposer submitting a protest must claim that the protesting Proposer
is one of the highest ranked proposers because the Proposals of all higher ranked
Proposers failed to meet the requirements of the RFP, or because a sufficient number
of Proposals of higher ranked Proposers failed to meet the requirements of the RFP.
In the alternative, a Proposer submitting a protest must claim that the Proposals
of all higher ranked Proposers, or a sufficient number of higher ranked Proposers,
are not qualified to perform the Architectural, Engineering, Photogrammetric Mapping,
Transportation Planning or Land Surveying Services or Related Services described
in the RFP.
(c) Effect of Protest
Submission Deadline. A Contracting Agency may not consider any protest that
is submitted after the submission deadline.
(3) Resolution of Protests. A duly
authorized representative of the Contracting Agency shall resolve all timely submitted
protests within a reasonable time following the Contracting Agency's receipt of
the protest and once resolved, shall promptly issue a written decision on the protest
to the Proposer who submitted the protest. If the protest results in a change to
the RFP, the Contracting Agency shall revise the RFP accordingly and shall re-advertise
the RFP in accordance with these rules.
Stat. Auth.: ORS 279A.065, OL
2011, ch 458

Stats. Implemented: ORS 279A.065
& 279C.110, OL 2011, ch 458

Hist.: DOJ 11-2004, f. 9-1-04,
cert. ef. 3-1-05; DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06; DOJ 19-2007, f. 12-28-07,
cert. ef. 1-1-08; DOJ 10-2011, f. 11-29-11, cert. ef. 1-1-12
137-048-0250
Solicitation Cancellation, Delay or Suspension; Rejection of All Proposals or Responses; Consultant Responsibility For Costs
A Contracting Agency may cancel,
delay or suspend a solicitation, RFQ or other preliminary Procurement document,
whether related to a Direct Appointment Procedure (OAR 137-048-0200), the Informal
Selection Procedure (OAR 137-048-0210), and the Formal Selection Procedure (OAR
137-048-0220), or reject all Proposals, responses to RFQs, responses to other preliminary
Procurement documents, or any combination of the foregoing, if the Contracting Agency
believes it is in the public interest to do so. In the event of any such cancellation,
delay, suspension or rejection, the Contracting Agency is not liable to any Proposer
for any loss or expense caused by or resulting from any such cancellation, delay,
suspension or rejection. Consultants responding to either solicitations, RFQs or
other preliminary Procurement documents are responsible for all costs they may incur
in connection with submitting Proposals, responses to RFQs or responses to other
preliminary Procurement documents.
Stat. Auth.: ORS 279A.065

Stats. Implemented: ORS 279A.065,
279C.110

Hist.: DOJ 11-2004, f. 9-1-04,
cert. ef. 3-1-05; DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06; DOJ 19-2007, f. 12-28-07,
cert. ef. 1-1-08; DOJ 15-2009, f. 12-1-09, cert. ef. 1-1-10; DOJ 10-2011, f. 11-29-11,
cert. ef. 1-1-12
137-048-0260
Two-Tiered Selection
Procedure for Local Contracting Agency Public Improvement Projects
(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.
(4) The State Contracting Agency
shall thereafter begin Contract negotiations with the selected Architect, Engineer,
Photogrammetrist, Transportation Planner or Land Surveyor in accordance with the
negotiation provisions in OAR 137-048-0200 (Direct Appointment Procedure), 137-048-0210
(Informal Selection Procedure) or
137-048-0220 (Formal Selection Procedure) as applicable.
(5) Nothing in these division 48 rules
should be construed to deny or limit a Local Contracting Agency's ability to enter
into a Contract directly with Architects, Engineers, Photogrammetrists, Transportation
Planners, or Land Surveyors pursuant to ORS 279C.125(4), through a selection process
established by that Local Contracting Agency.
Stat. Auth.: ORS 279A.065, OL
2011, ch 458

Stats. Implemented: ORS 279C.110,
279C.125, OL 2011, ch 458

Hist.: DOJ 11-2004, f. 9-1-04,
cert. ef. 3-1-05; DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06; DOJ 15-2009, f. 12-1-09,
cert. ef. 1-1-10; DOJ 10-2011, f. 11-29-11, cert. ef. 1-1-12
137-048-0270
Price Agreements
(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,
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 may include the number of hours proposed for the Related Services required,
expenses, hourly rates, 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.
(4) All Architectural, Engineering,
Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related
Services assigned under a Price Agreement require a written work order or task order
issued by the Contracting Agency. Any work orders or task orders assigned under
a Price Agreement must include, at a minimum, the following:
(a) The Consultant's performance
obligations and performance schedule;
(b) The payment methodology
and a maximum amount payable to the Consultant for the Architectural, Engineering,
Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related
Services required under the work order or task order that is fair and reasonable
to the Contracting Agency, as determined solely by the Contracting Agency, taking
into account the value, scope, complexity and nature of the Architectural, Engineering,
Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related
Services;
(c) Language that incorporates
all applicable terms and conditions of the Price Agreement into the work order or
task order; and
(d) Any other provisions the
Contracting Agency believes to be in the Contracting Agency's best interest.
Stat. Auth.: ORS 279A.065 &
OL 2011, ch 458

Stats. Implemented: ORS 279A.065,
279C.110, 279C.120 & OL 2011, ch 458

Hist.: DOJ 10-2011, f. 11-29-11,
cert. ef. 1-1-12

Post-Selection Considerations

137-048-0300
Prohibited Payment Methodology; Purchase Restrictions
(1) Except as otherwise allowed
by law, a Contracting Agency shall not enter into any Contract which includes compensation
provisions that expressly provide for payment of:
(a) Consultant's costs under
the Contract plus a percentage of those costs; or
(b) A percentage of the Project
construction costs or total Project costs.
(2) Except as otherwise allowed
by law, a Contracting Agency shall not enter into any Contract in which:
(a) The compensation paid under
the Contract is solely based on or limited to the Consultant's hourly rates for
the Consultant's personnel working on the Project and reimbursable expenses incurred
during the performance of work on the Project (sometimes referred to as a "time
and materials" Contract); and
(b) The Contract does not include
a maximum amount payable to the Consultant for the Architectural, Engineering, Photogrammetric
Mapping, Transportation Planning or Land Surveying Services or Related Services
required under the Contract.
(3) Except in cases of Emergency
or in the particular instances noted in the subsections below, a Contracting Agency
shall not purchase any building materials, supplies or equipment for any building,
structure or facility constructed by or for the Contracting Agency from any Consultant
under a Contract with Contracting Agency to perform Architectural, Engineering,
Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related
Services, for the building, structure or facility. This prohibition does not apply
if either of the following circumstances exists:
(a) The Consultant is providing
Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or
Land Surveying Services or Related Services under a Contract with a Contracting
Agency to perform Design-Build services or Energy Savings Performance Contract services
(see OAR 137-049-0670 and 137-049-0680); or
(b) That portion of the Contract
relating to the acquisition of building materials, supplies or equipment was awarded
to the Consultant pursuant to applicable law governing the award of such a Contract.
Stat. Auth.: ORS 279A.065, OL
2011, ch 458

Stats. Implemented: ORS 279A.065,
OL 2011, ch 458

Hist.: DOJ 11-2004, f. 9-1-04,
cert. ef. 3-1-05; DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06; DOJ 19-2007, f. 12-28-07,
cert. ef. 1-1-08; DOJ 15-2009, f. 12-1-09, cert. ef. 1-1-10; DOJ 10-2011, f. 11-29-11,
cert. ef. 1-1-12
137-048-0310
Expired or Terminated Contracts; Reinstatement
(1) If a Contracting Agency
enters into a Contract for Architectural, Engineering, Photogrammetric Mapping,
Transportation Planning or Land Surveying Services or Related Services and that
Contract subsequently expires or is terminated, the Contracting Agency may proceed
as follows, subject to the requirements of subsection (2) of this rule:
(a) Expired Contracts. If the
Contract has expired as the result of Project delay caused by the Contracting Agency
or caused by any other occurrence outside the reasonable control of the Contracting
Agency or the Consultant, and if no more than one year has passed since the Contract
expiration date, the Contracting Agency may amend the Contract to extend the Contract
expiration date, revise the description of the Architectural, Engineering, Photogrammetric
Mapping, Transportation Planning or Land Surveying Services or Related Services
required under the Contract to reflect any material alteration of the Project made
as a result of the delay, and revise the applicable performance schedule. Beginning
on the effective date of the amendment, the Contracting Agency and the Consultant
shall continue performance under the Contract as amended; or
(b) Terminated Contracts. If
the Contracting Agency or both parties to the Contract have terminated the Contract
for any reason and if no more than one year has passed since the Contract termination
date, then the Contracting Agency may enter into a new Contract with the same Consultant
to perform the remaining Architectural, Engineering and Land Surveying Services,
or Related Services not completed under the original Contract, or to perform any
remaining Architectural, Engineering, Photogrammetric Mapping, Transportation Planning
or Land Surveying Services or Related Services not completed under the Contract
as adjusted to reflect a material alteration of the Project.
(2) The Contracting Agency may
proceed under either subsection (1)(a) or subsection (1)(b) of this rule only after
making written findings that amending the existing Contract or entering into a new
Contract with the Consultant will:
(a) Promote efficient use of
public funds and resources and result in substantial cost savings to the Contracting
Agency;
(b) Protect the integrity of
the Public Contracting process and the competitive nature of the Procurement process
by not encouraging favoritism or substantially diminishing competition in the award
of Contracts; and
(c) Result in a Contract that
is still within the scope of the final form of the original Procurement document.
Stat. Auth.: ORS 279A.065, OL
2011, ch 458

Stats. Implemented: ORS 279A.065
& 279C.110, OL 2011, ch 458

Hist.: DOJ 11-2004, f. 9-1-04,
cert. ef. 3-1-05; DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06; DOJ 15-2009, f. 12-1-09,
cert. ef. 1-1-10; DOJ 10-2011, f. 11-29-11, cert. ef. 1-1-12
137-048-0320
Contract Amendments
(1) A Contracting Agency may
amend any Contract if the Contracting Agency, in its sole discretion, determines
that the amendment is within the scope of the Solicitation Document and that the
amendment would not materially impact the field of competition for the Architectural,
Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying
Services or Related Services described in the final form of the original Procurement
document. In making this determination, the Contracting Agency shall consider potential
alternative methods of procuring the services contemplated under the proposed amendment.
An amendment would not materially impact the field of competition for the services
described in the Solicitation Document, if the Contracting Agency reasonably believes
that the number of Proposers would not significantly increase if the Procurement
document were re-issued to include the additional services.
(2) The Contracting Agency may
amend any Contract if the additional services are required by reason of existing
or new laws, rules, regulations or ordinances of federal, state or local agencies,
which affect performance of the original Contract.
(3) All amendments to Contracts
must be in writing, must be signed by an authorized representative of the Consultant
and the Contracting Agency and must receive all required approvals before the amendments
will be binding on the Contracting Agency.
Stat. Auth.: ORS 279A.065, OL
2011, ch 458

Stats. Implemented: ORS 279A.065,
279C.110, OL 2011, ch 458

Hist.: DOJ 11-2004, f. 9-1-04,
cert. ef. 3-1-05; DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06; DOJ 19-2007, f. 12-28-07,
cert. ef. 1-1-08; DOJ 15-2009, f. 12-1-09, cert. ef. 1-1-10; DOJ 10-2011, f. 11-29-11,
cert. ef. 1-1-12

The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
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copyrighted by the Oregon Secretary of State. Terms
and Conditions of Use