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
 
                         House Bill 2014
 
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 as
introduced.
 
  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.
 
                        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, 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) If the screening and selection procedures created by
a public agency under subsection (3) of this section result in
the determination by the public agency that two or more
candidates are equally qualified, then the public agency may
select a candidate by drawing lots or tossing a coin. + }
    { - (4) - }  { +  (5) + } 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) - }  { +  (6) + } 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) - }  { +  (7) + } 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 2.  { + The amendments to ORS 279.057 by section 1 of
this 2001 Act shall first apply to personal service contracts for
engineers, architects and land surveyors entered into on or after
the effective date of this 2001 Act. + }
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