Bill Text: OR SB1589 | 2012 | Regular Session | Introduced
Bill Title: Relating to price agreements for certain personal services; declaring an emergency.
Spectrum: Bipartisan Bill
Status: (Failed) 2012-03-05 - In committee upon adjournment. [SB1589 Detail]
Download: Oregon-2012-SB1589-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 189
Senate Bill 1589
Sponsored by Senator SHIELDS; Senator BOQUIST (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Permits contracting agency to establish price agreement for
architectural, engineering, photogrammetric mapping,
transportation planning or land surveying services or related
services. Provides mandates and guidelines for establishing price
agreements.
Becomes operative January 1, 2013.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to price agreements for certain personal services; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2012 Act is added to and made
a part of ORS 279C.100 to 279C.125. + }
SECTION 2. { + (1) As used in this section, 'price agreement '
means a contract for architectural, engineering, photogrammetric
mapping, transportation planning or land surveying services or
related services in which the contracting agency:
(a) Specifies a general limit, stated either as a dollar amount
or otherwise, on the quantity of architectural, engineering,
photogrammetric mapping, transportation planning or land
surveying services or related services that the contracting
agency might require during a specific period of time, but does
not specify the exact quantity that the contracting agency will
require; and
(b) Places a work order under the terms of the contract for
each specific quantity of architectural, engineering,
photogrammetric mapping, transportation planning or land
surveying services or related services the contracting agency
requires within the specific period of time.
(2)(a) A contracting agency, subject to ORS 279C.105, may award
a contract as a price agreement if the contracting agency cannot
specify in advance a particular quantity, other than a minimum
quantity, of architectural, engineering, photogrammetric mapping,
transportation planning or land surveying services or related
services that the contracting agency requires during a specific
period of time.
(b) A contracting agency may award a contract as a price
agreement only if the contracting agency anticipates a recurring
need for a minimum quantity of architectural, engineering,
photogrammetric mapping, transportation planning or land
surveying services or related services for the term of the price
agreement.
(3) Solicitation materials and the terms and conditions for a
price agreement established in accordance with this section must:
(a) Specify the term of the price agreement, which may not
exceed four years;
(b) Specify the minimum quantity of architectural, engineering,
photogrammetric mapping, transportation planning or land
surveying services or related services that the contracting
agency may require under the price agreement;
(c) Include a statement of work, 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;
(d) State that the contracting agency will evaluate bids and
proposals and establish the price agreement in accordance with
the provisions of ORS 279C.100 to 279C.125;
(e) Specify guidelines or procedures the contracting agency
will follow when the contracting agency issues individual work
orders;
(f) State that the contracting agency may issue an individual
work order under the price agreement orally and that the
contracting agency will confirm in writing an individual work
order the contracting agency issues orally; and
(g) Specify whether the contracting agency may establish the
price agreement with one consultant or with two or more
consultants. If the contracting agency establishes the price
agreement with two or more consultants:
(A) The solicitation and the contract that establishes the
price agreement must describe the criteria and procedures the
contracting agency will use to ensure that each consultant with
which the contracting agency established the price agreement will
be considered for individual work orders.
(B) The provisions of ORS 279C.110 (1) apply to the criteria
the contracting agency uses to select a consultant for an
individual work order for architectural, engineering,
photogrammetric mapping, transportation planning or land
surveying services.
(C) The provisions of ORS 279C.120 apply to the criteria the
contracting agency uses to select a consultant for an individual
work order for related services. The contracting agency may use
the consultant's qualifications or pricing information,
separately or together, as criteria for selecting a consultant
for an individual work order for related services.
(D) The provisions of ORS 279C.107 apply to proposals that a
proposer submits in response to a solicitation for an individual
work order.
(E) Subject to the estimated cost limitation set forth in ORS
279C.110 (8), a contracting agency may issue an individual work
order as a direct appointment. Subject to the provisions of ORS
279C.115, a contracting agency may directly appoint a consultant
to continue a project.
(F) A contracting agency, in selecting a consultant for an
individual work order, may consider whether the consultant has
received individual work orders under the price agreement
previously or regularly.
(G) The solicitation materials for an individual work order
under the price agreement shall include a three-year history of
the number of similar work orders and the dollar value of each
similar work order the contracting agency issued under the
pricing agreement to business enterprises that are certified
under ORS 200.055.
(4) A price agreement may specify a minimum quantity or a
maximum quantity of architectural, engineering, photogrammetric
mapping, transportation planning or land surveying services or
related services for which a contracting agency may issue an
individual work order and may specify a maximum quantity of
architectural, engineering, photogrammetric mapping,
transportation planning or land surveying services or related
services for which the contracting agency may issue an individual
work order within a specific period of time.
(5) A contracting agency that establishes a price agreement
under this section:
(a) May not require a consultant to obtain professional
liability or errors and omissions insurance if a licensed or
registered professional consultant is not required to perform,
review or approve the work that is the subject of the price
agreement or of an individual work order.
(b) May accept proof of a consultant's insurability in lieu of
requiring professional liability or errors and omissions
insurance until the contracting agency actually issues an
individual work order under the price agreement, at which time
the contracting agency may require the insurance if a licensed or
registered consultant must perform, review or approve the work
specified in the individual work order. + }
SECTION 3. { + (1) Section 2 of this 2012 Act becomes
operative on January 1, 2013.
(2) The Director of the Oregon Department of Administrative
Services, the Attorney General or a contracting agency that
adopts rules under ORS 279A.065 may take any action before the
operative date specified in subsection (1) of this section that
is necessary to enable the director, the Attorney General or the
contracting agency to exercise, on and after the operative date
specified in subsection (1) of this section, all of the duties,
functions and powers conferred on the director, the Attorney
General or the contracting agency by section 2 of this 2012
Act. + }
SECTION 4. { + This 2012 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2012 Act takes effect on its
passage. + }
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