Bill Text: OR SB644 | 2013 | Regular Session | Introduced
Bill Title: Relating to direct appointments for certain consulting services; declaring an emergency.
Spectrum: Committee Bill
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB644 Detail]
Download: Oregon-2013-SB644-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 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 1652
Senate Bill 644
Sponsored by COMMITTEE ON BUSINESS AND TRANSPORTATION
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 directly appoint consultant to
provide architectural, engineering, photogrammetric mapping,
transportation planning or land surveying services if estimated
value of services is less than $100,000.
Prohibits contracting agency from using consultant's pricing
policies and proposals or other pricing information as basis for
direct appointment.
Becomes operative January 1, 2014.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to direct appointments for certain consulting services;
creating new provisions; amending ORS 279C.110; and declaring
an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 279C.110 is amended to read:
279C.110. (1) A contracting agency shall select consultants to
provide architectural, engineering, photogrammetric mapping,
transportation planning or land surveying services on the basis
of the consultant's qualifications for the type of professional
service required. A contracting agency may solicit or use pricing
policies and proposals or other pricing information, including
the number of hours proposed for the service required, expenses,
hourly rates and overhead, to determine consultant compensation
only after the contracting agency has selected a candidate
{ - pursuant to - } { + in accordance with + } subsection (2)
of this section.
(2) Subject to the requirements of subsection (1) of this
section, the procedures that a contracting agency creates to
screen and select consultants and to select a candidate under
this section are at the contracting agency's sole discretion. The
contracting agency may adjust the procedures to accommodate the
contracting agency's scope, schedule or objectives for a
particular project if the estimated cost of the architectural,
engineering, photogrammetric mapping, transportation planning or
land surveying services for the project do not exceed $250,000.
(3) A contracting agency's screening and selection procedures
under this section, regardless of the estimated cost of the
architectural, engineering, photogrammetric mapping,
transportation planning or land surveying services for a project,
may include considering each candidate's:
(a) Specialized experience, capabilities and technical
competence, which the candidate may demonstrate with the
candidate's proposed approach and methodology to meet the project
requirements;
(b) Resources committed to perform the work and the proportion
of the time that the candidate's staff would spend on the
project, including time for specialized services, within the
applicable time limits;
(c) Record of 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) Ownership status and employment practices regarding
minority, women and emerging small businesses or historically
underutilized businesses;
(e) Availability to the project locale;
(f) Familiarity with the project locale; and
(g) Proposed project management techniques.
(4) If the screening and selection procedures a contracting
agency creates under subsection (2) of this section result in the
contracting agency's determination that two or more candidates
are equally qualified, the contracting agency may select a
candidate through any process the contracting agency adopts that
is not based on the candidate's pricing policies, proposals or
other pricing information.
(5) The contracting agency and the selected candidate shall
mutually discuss and refine the scope of services for the project
and shall negotiate conditions, including but not limited to
compensation level and performance schedule, based on the scope
of services. The { - compensation level paid must be - } { +
contracting agency shall pay compensation for the services that
is + } reasonable and fair to the contracting agency { - as
determined solely by the contracting agency - } . Authority to
negotiate a contract under this section does not supersede any
provision of ORS 279A.140 or 279C.520.
(6) If the contracting agency and the selected candidate are
unable for any reason to negotiate a contract at a compensation
level that is reasonable and fair to the contracting agency, the
contracting agency shall, either orally or in writing, formally
terminate negotiations with the selected candidate. The
contracting agency may then negotiate with the next most
qualified candidate. The negotiation process may continue in this
manner through successive candidates until an agreement is
reached or the contracting agency terminates the consultant
contracting process.
(7) { - It is the goal of - } This state { + has a goal + }
to promote a sustainable economy in the rural areas of the state.
In order to monitor progress toward this goal, a state
contracting agency shall keep a record of the locations in which
architectural, engineering, photogrammetric mapping,
transportation planning or land surveying services contracts and
related services contracts are performed throughout the state,
the locations of the selected consultants and the direct expenses
on each contract. This record must include the total number of
contracts awarded to each consultant firm over a 10-year period.
The record of direct expenses must include all personnel travel
expenses as a separate and identifiable expense on the contract.
Upon request, the state contracting agency shall make these
records available to the public.
(8) { + (a) + } Notwithstanding the provisions of subsection
(1) of this section, a contracting agency may directly appoint a
consultant { + to provide architectural, engineering,
photogrammetric mapping, transportation planning or land
surveying services for a project + } if the estimated cost of the
architectural, engineering, photogrammetric mapping,
transportation planning or land surveying services for the
project do not exceed $100,000.
{ + (b) A contracting agency may not solicit or use a
consultant's pricing policies and proposals or other pricing
information, including the number of hours the consultant
proposes for the service required, expenses, hourly rates and
overhead as the basis for a direct appointment under paragraph
(a) of this subsection. + }
(9) { + (a) + } Notwithstanding the provisions of subsections
(1) and (8) of this section, a contracting agency may directly
appoint a consultant for architectural, engineering,
photogrammetric mapping, transportation planning or land
surveying services in an emergency.
{ + (b) A contracting agency may not solicit or use a
consultant's pricing policies and proposals or other pricing
information, including the number of hours the consultant
proposes for the service required, expenses, hourly rates and
overhead as the basis for a direct appointment under paragraph
(a) of this subsection. + }
SECTION 2. { + (1) The amendments to ORS 279C.110 by section 1
of this 2013 Act become operative January 1, 2014.
(2) The Attorney General, the Director of the Oregon Department
of Administrative Services, the Director of Transportation 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 Attorney General,
the director 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 Attorney
General, the director or the contracting agency by the amendments
to ORS 279C.110 by section 1 of this 2013 Act.
(3) The amendments to ORS 279C.110 by section 1 of this 2013
Act apply to contracts that a contracting agency first advertises
or otherwise solicits or, if the contracting agency does not
advertise or solicit the contract, to a contract that the
contracting agency first enters into on or after the operative
date specified in subsection (1) of this section. + }
SECTION 3. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
----------
