Bill Text: OR SB667 | 2011 | Regular Session | Engrossed
Bill Title: Relating to indefinite quantity contracts for certain personal services; declaring an emergency.
Spectrum: Committee Bill
Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB667 Detail]
Download: Oregon-2011-SB667-Engrossed.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 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 2940
A-Engrossed
Senate Bill 667
Ordered by the Senate April 25
Including Senate Amendments dated April 25
Sponsored by COMMITTEE ON GENERAL GOVERNMENT, CONSUMER AND SMALL
BUSINESS PROTECTION
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.
Permits contracting agency to enter into indefinite quantity
contract for architectural, engineering or land surveying
services { + or related services + }. Provides mandates and
guidelines for indefinite quantity contracts.
Becomes operative on January 1, 2012.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to indefinite quantity contracts 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 2011 Act is added to and made
a part of ORS 279C.100 to 279C.125. + }
SECTION 2. { + (1) As used in this section, 'indefinite
quantity contract' means a contract for architectural,
engineering 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 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 the contracting agency will
require; and
(b) Places a work order under the terms of the contract for
each specific quantity of architectural, engineering 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 an indefinite quantity contract if the contracting
agency cannot specify in advance a particular quantity, other
than a minimum quantity, of architectural, engineering 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 an indefinite
quantity contract only if the contracting agency anticipates a
recurring need for a minimum quantity of architectural,
engineering or land surveying services or related services for
the term of the indefinite quantity contract.
(3) Solicitation materials and the terms and conditions for an
indefinite quantity contract issued in accordance with this
section must:
(a) Specify the term of the indefinite quantity contract, which
may not exceed three years;
(b) Specify the minimum quantity and the maximum quantity of
architectural, engineering or land surveying services or related
services the contracting agency may require under the indefinite
quantity contract;
(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 award the contract in accordance with the
provisions of ORS 279C.100 to 279C.125;
(e) Specify guidelines or procedures the contracting agency may
use when issuing individual work orders;
(f) State that the contracting agency may issue an individual
work order under the indefinite quantity contract orally and that
the contracting agency will confirm the individual work order in
writing; and
(g) Specify whether the contracting agency may award the
indefinite quantity contract to one contractor or to two or more
contractors. If the contracting agency will award the indefinite
quantity contract to two or more contractors, the solicitation
materials and the terms and conditions of the indefinite quantity
contract shall describe the criteria and procedures that the
contracting agency will use to select a contractor for each
individual work order, to ensure that each contractor has an
opportunity to provide services under the contract and to give
preference to contractors that the contracting agency has not
used previously or frequently.
(4)(a) A contracting agency that awards a contract as an
indefinite quantity contract shall:
(A) Award the indefinite quantity contract to a business
enterprise that is certified under ORS 200.055, if the estimated
contract price for the indefinite quantity contract is $100,000
or less.
(B) Issue a work order for at least the minimum quantity of
architectural, engineering or land surveying services or related
services stated in the solicitation materials for the contract
or, if the contracting agency does not issue a work order for the
minimum quantity, pay the contractor to which the contracting
agency awarded the contract a minimum of two percent of the
amount the contracting agency budgeted for the procurement.
(C) Issue a work order for additional architectural,
engineering or land surveying services or related services from
the contractor under an existing indefinite quantity contract
before the contracting agency issues a new request for proposals
for the same, similar or related services.
(D) Issue an individual work order under an indefinite quantity
contract that the contracting agency awarded to two or more
contractors in accordance with guidelines that provide each
contractor with an opportunity to provide services under the
contract and that give preference to contractors that the
contracting agency has not used previously or frequently.
(b) A contracting agency in the solicitation materials for an
indefinite quantity contract must specify as the minimum quantity
of architectural, engineering or land surveying services or
related services a quantity that is equivalent in cost to not
less than five percent of the amount of funds that the
contracting agency budgeted for architectural, engineering or
land surveying services or related services for the term of the
indefinite quantity contract.
(c) An indefinite quantity contract may specify a minimum
quantity or a maximum quantity of architectural, engineering 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 or land
surveying services or related services for which the contracting
agency may issue an individual work order within a specific
period of time.
(d) A contracting agency that awards a contract as an
indefinite quantity contract may not require a contractor to
obtain professional liability insurance if the contractor does
not require a professional license or a licensed engineer to
perform the work that is the subject of the contract.
(5) A contractor that is a party to an indefinite quantity
contract shall provide architectural, engineering or land
surveying services or related services in response to each work
order the contracting agency issues under the indefinite quantity
contract, but may not provide a quantity of architectural,
engineering or land surveying services or related services that
exceeds the maximum quantity specified in the indefinite quantity
contract or in an individual work order issued under the
indefinite quantity contract.
(6) The term of an indefinite quantity contract begins only at
the time a contracting agency issues an initial work order under
the indefinite quantity contract. The term of the indefinite
quantity contract ends as provided in the indefinite quantity
contract. + }
SECTION 3. { + (1) Section 2 of this 2011 Act becomes
operative on January 1, 2012.
(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 2011
Act. + }
SECTION 4. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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