71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to A-Eng. HB 2014
 
LC 1896/HB 2014-A9
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 2014
 
              By JOINT COMMITTEE ON WAYS AND MEANS
 
                             June 25
 
  On page 1 of the printed A-engrossed bill, delete lines 4
through 27 and delete page 2 and insert:
  '  { +  SECTION 1. + } 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  { + and the
proportion of the candidate staff's time that would be spent on
the project + }, 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.
  '  { +  (7) Notwithstanding subsection (6) of this section,
this section applies to the selection of consultants by an agency
of any political subdivision of this state or any public body
created by intergovernmental agreement if the agency or public
body receives moneys from the State Highway Fund under ORS
366.525 or 366.800 or a grant or loan from this state that will
be used to pay for any portion of the design and construction of
the project and:
  ' (a) The total amount of any grants, loans or moneys from the
State Highway Fund and from the state for the project exceeds 35
percent of the value of the project; and
  ' (b) The value of the project exceeds $400,000. + }
  '  { +  SECTION 2. + }  { + The amendments to ORS 279.057 by
section 1 of this 2001 Act first apply to public contracts for
personal services advertised or solicited on or after July 1,
2002. + }
  '  { +  SECTION 3. + } ORS 279.057, as amended by section 1 of
this 2001 Act, 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   { - and the
proportion of the candidate staff's time that would be spent on
the project - } , 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.
  '  { - (7) Notwithstanding subsection (6) of this section, this
section applies to the selection of consultants by an agency of
any political subdivision of this state or any public body
created by intergovernmental agreement if the agency or public
body receives moneys from the State Highway Fund under ORS
366.525 or 366.800 or a grant or loan from this state that will
be used to pay for any portion of the design and construction of
the project and: - }
  '  { - (a) The total amount of any grants, loans or moneys from
the State Highway Fund and from the state for the project exceeds
35 percent of the value of the project; and - }
  '  { - (b) The value of the project exceeds $400,000. - }
  '  { +  SECTION 4. + }  { + The amendments to ORS 279.057 by
section 3 of this 2001 Act become operative on July 1, 2008. + }
  '  { +  SECTION 5. + }  { + The amendments to ORS 279.057 by
section 3 of this 2001 Act first apply to public contracts for
personal services advertised or solicited on or after July 1,
2008. + } ' .
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