Or. Admin. R. 731-148-0110 - Definitions

In addition to the definitions set forth in ORS 279A.010 and ORS 279C.100, the following definitions apply to these Division 148 rules:

(1) "Consultant" means an Architect, Engineer, Photogrammetrist, Transportation Planner, Land Surveyor or provider of Related Services. A Consultant includes a business entity that employs Architects, Engineers, Photogrammetrists, Transportation Planners, Land Surveyors or providers of Related Services, or any combination of the foregoing. Provided, however, when ODOT is entering into a direct Contract under OAR 731-148-0200(1)(c) or (d), the "Consultant" must be an Architect, Engineer, Photogrammetrist, Transportation Planner or Land Surveyor, as required by ORS 279C.115(1).

(2) "Estimated Fee" means ODOT's reasonably projected fee to be paid for a Consultant's services under the anticipated Contract, excluding all anticipated reimbursable or other non-professional fee expenses. The Estimated Fee is used solely to determine the applicable Contract solicitation method and is distinct from the total amount payable under the Contract. The Estimated Fee shall not be used as a basis to resolve other Public Contracting issues, including without limitation, direct purchasing authority or Public Contract review and approval under ORS 291.047.

(3) "Evaluate" means to review and score or rank, or both, Proposals submitted by Consultants in response to a solicitation or RFQ or interviews conducted during a solicitation or RFQ. Unless otherwise stated in the solicitation or RFQ, if Proposals or interviews, or both, are scored, the Consultant with the highest score is the highest ranked proposer. The remaining Consultants are ranked in descending order according to their scores.

(4) "ODOT" means the Oregon Department of Transportation.

(5) "Price Agreement," for purposes of this Division 148, is limited to mean an agreement related to the Procurement of Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, or Related Services, under agreed-upon terms and conditions, including, but not limited to terms and conditions of later work orders for Project-specific services, and which may include Consultant compensation information, with:

(a) No guarantee of a minimum or maximum purchase; or

(b) An initial work order, task order or minimum purchase, combined with a continuing Consultant obligation to provide Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services in which ODOT does not guarantee a minimum or maximum additional purchase.

(6) "Project" means all components of ODOT's planned undertaking that gives rise to the need for a Consultant's Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, or Related Services, under a Contract.

(7) "Transportation Planning Services" are defined in ORS 279C.100. Transportation Planning Services include only Project-specific transportation planning involved in the preparation of categorical exclusions, environmental assessments, environmental impact statements and other documents required for compliance with the National Environmental Policy Act, 42 USC 4321 et. seq. Transportation Planning Services do not include transportation planning for corridor plans, transportation system plans, interchange area management plans, refinement plans and other transportation plans not directly associated with an individual Project that will require compliance with the National Environmental Policy Act, 42 USC 4321 et. seq. Transportation Planning Services also do not include transportation planning for Projects not subject to the National Environmental Policy Act, 42 USC 4321 et. seq.

Notes

Or. Admin. R. 731-148-0110

DOT 1-2019, adopt filed 02/21/2019, effective 2/21/2019; DOT 3-2020, amend filed 07/17/2020, effective 7/17/2020

Statutory/Other Authority: ORS 184.619, 279A.065(6)(a) & 279A.070

Statutes/Other Implemented: ORS 279A.050(3) & 279A.065