Bill Text: OR SB667 | 2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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     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

                         Senate Bill 667

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 as
introduced.

  Permits contracting agency to enter into indefinite quantity
contract for architectural, engineering or land surveying
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 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 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 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:
  (A) Cannot specify in advance a particular quantity, other than
a minimum quantity, of architectural, engineering or land
surveying services that the contracting agency requires during a
specific period of time; or
  (B) Determines that the contracting agency should initially
award a contract for only a minimum quantity of architectural,
engineering or land surveying services.
  (b) A contracting agency may award a contract as an indefinite
quantity contract only if the contracting agency anticipates a
recurring need for architectural, engineering or land surveying
services.
  (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 and
state whether the contracting agency may extend the term or
provide an option for additional architectural, engineering or
land surveying services under the indefinite quantity contract;
  (b) Specify the minimum quantity and the maximum quantity of
architectural, engineering or land surveying 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) Issue a work order for at least the minimum quantity of
architectural, engineering or land surveying 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.
  (B) Issue a work order for additional architectural,
engineering or land surveying 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.
  (C) 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 minimum quantity of architectural, engineering or land
surveying services under an indefinite quantity contract must be
more than a nominal quantity, but may not exceed the quantity of
services that the contracting agency reasonably requires to
accomplish the purpose for which the contracting agency awarded
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 for which a contracting agency may issue
an individual work order and may specify a maximum quantity of
architectural, engineering or land surveying 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 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 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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