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. + } ----------