71st OREGON LEGISLATIVE ASSEMBLY--2001 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 1896
 
                           A-Engrossed
 
                         House Bill 2014
                  Ordered by the Senate May 18
            Including Senate Amendments dated May 18
 
Sponsored by Representative SIMMONS
 
 
                             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.
 
    { - Provides selection process for public agency to use when
candidates are equally qualified to perform personal service
contracts for services of engineer, architect or land
surveyor. - }
   { +  Modifies standards for public agency to enter into
personal service contract directly with consultant. Allows
political subdivision to adopt criteria for application of
standards. + }
 
                        A BILL FOR AN ACT
Relating to personal service contracts; creating new provisions;
  and amending ORS 279.057.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2001 Act is added to and made
a part of ORS 279.011 to 279.063. + }
  SECTION 2.  { + (1) As used in this section, 'consultant' means
a registered professional engineer, registered architect or
registered professional land surveyor.
  (2) A public agency may enter into a personal service contract
directly with a consultant if the project described in the
personal service contract consists of work that has been
substantially described, planned or otherwise previously studied
or rendered in an earlier contract with the consultant that was
awarded pursuant to rules adopted under ORS 279.049 and if the
new contract is a continuation of that project.
  (3) A political subdivision may adopt criteria for determining
when this section shall apply to a personal service contract. + }
  SECTION 3. ORS 279.057 is amended to read:
  279.057. (1) A contract entered into by a public agency for the
consulting services of registered professional engineers,
registered architects or registered professional land surveyors
is a personal service contract.
  (2) A public agency shall select consultants described in
subsection (1) of this section on the basis of qualifications for
the type of professional service required. A public agency may
solicit or use pricing policies and proposals or other pricing
information to determine consultant compensation only after the
 
public agency has selected a candidate under subsection (3) of
this section.
  (3) Subject to the requirements of subsection (2) of this
section, the procedures that a public agency creates for the
screening and selection of consultants and the selection of a
candidate under this section shall be within the sole discretion
of the public agency and may be adjusted to accommodate the
public agency's scope, schedule and budget objectives for a
particular project. Adjustments to accommodate an agency's
objectives may include provision for the direct appointment of a
consultant if the value of the project does not exceed a
threshold amount as determined by the agency. Screening and
selection procedures may include a consideration of each
candidate's:
  (a) Specialized experience, capabilities and technical
competence that may be demonstrated by the proposed approach and
methodology to meet the project requirements;
  (b) Resources available to perform the work, including any
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 women,
minorities 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) The public 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 reasonable and
fair to the public agency as determined solely by the public
agency.  Authority to negotiate a contract under this section
does not supersede any provision of ORS 279.316 or 279.712.
  (5) If the public 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 public agency, the public
agency shall, either orally or in writing, formally terminate
negotiations with the selected candidate. The public agency may
then negotiate with another candidate. The negotiation process
may continue in this manner through successive candidates until
an agreement is reached or the agency terminates the consultant
contracting process.
    { - (6) Notwithstanding ORS 279.011, this section applies
only if the public agency personal service contract is issued by
an agency of the State of Oregon and not by an agency of any
political subdivision thereof or any public body created by
intergovernmental agreement. - }
  SECTION 4.  { + Section 2 of this 2001 Act and the amendments
to ORS 279.057 by section 3 of this 2001 Act first apply to
public contracts for personal services entered into on or after
the effective date of this 2001 Act. + }
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