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
B-Engrossed
House Bill 2014
Ordered by the Senate June 25
Including Senate Amendments dated May 18 and June 25
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.
{ - Modifies standards for public agency to enter into
personal service contract directly with consultant. Allows
political subdivision to adopt criteria for application of
standards. - }
{ + Provides that certain criteria regarding selection of
consultants by state agencies apply to selection of consultants
by agency of political subdivision or public body created by
intergovernmental agreement if specified percentage of moneys for
project comes from state.
Sunsets July 1, 2008. + }
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. 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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