Or. Admin. Code § 137-048-0210 - Informal Selection Procedure
(1)
Contracting Agencies may use the informal selection procedure described in this
rule to obtain a Contract if the Estimated Fee is expected not to exceed
$250,000.
(2) Contracting Agencies
using the informal selection procedure on the basis of qualifications alone or,
for Related Services, on the basis of price and qualifications shall:
(a) Create a request for Proposals ("RFP")
that includes at a minimum the following:
(A)
A description of the Project for which a Consultant's Architectural,
Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying
Services or Related Services are needed and a description of the Architectural,
Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying
Services or Related Services that will be required under the resulting
Contract;
(B) The anticipated
Contract performance schedule;
(C)
Conditions or limitations, if any, that may constrain or prohibit the selected
Consultant's ability to provide additional services related to the Project,
including construction services;
(D) The date and time Proposals are due and
other directions for submitting Proposals;
(E) Criteria upon which the most qualified
Consultant will be selected. Selection criteria may include, but are not
limited to, the following:
(i) The amount and
type of resources and number of experienced staff the Consultant has committed
to perform the Architectural, Engineering, Photogrammetric Mapping,
Transportation Planning or Land Surveying Services or Related Services
described in the RFP within the applicable time limits, including the current
and projected workloads of such staff and the proportion of time such staff
would have available for the Architectural, Engineering, Photogrammetric
Mapping, Transportation Planning or Land Surveying Services or Related
Services;
(ii) Proposed management
techniques for the Architectural, Engineering, Photogrammetric Mapping,
Transportation Planning or Land Surveying Services or Related Services
described in the RFP;
(iii) A
Consultant's capability, experience and past performance history and record in
providing similar Architectural, Engineering, Photogrammetric Mapping,
Transportation Planning or Land Surveying Services or Related Services,
including but not limited to quality of work, ability to meet schedules, cost
control methods and Contract administration practices;
(iv) A Consultant's approach to
Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or
Land Surveying Services or Related Services described in the RFP and design
philosophy, if applicable;
(v) A
Consultant's geographic proximity to and familiarity with the physical location
of the Project;
(vi) Volume of
work, if any, previously awarded to a Consultant, with the objective of
effecting equitable distribution of Contracts among qualified Consultants,
provided such distribution does not violate the principle of selecting the most
qualified Consultant for the type of professional services required;
(vii) A Consultant's ownership status and
employment practices regarding women, minorities and emerging small businesses
or historically underutilized businesses;
(viii) Whether the Consultant owes a
liquidated and delinquent debt to the State of Oregon; and
(ix) If the Contracting Agency is selecting a
Consultant to provide Related Service, pricing policies and pricing proposals
or other pricing information, including the number of hours proposed for the
services required, expenses, hourly rates and overhead.
(F) A Statement that Proposers responding to
the RFP do so solely at their expense, and Contracting Agency is not
responsible for any Proposer expenses associated with the RFP;
(G) A statement directing Proposers to the
protest procedures set forth in these Division 48 rules; and
(H) A sample form of the Contract.
(b) Provide an RFP to a minimum of
five (5) prospective Consultants. If fewer than five (5) prospective
Consultants are available, Contracting Agencies shall provide the RFP to all
available prospective Consultants and shall maintain a written record of the
Contracting Agencies' efforts to locate available prospective Consultants for
the RFP. Contracting Agencies shall draw prospective Consultants from:
(A) The Contracting Agency's list of
Consultants that is created and maintained under OAR 137-048-0120 (List of
Interested Consultants; Performance Record);
(B) Another Contracting Agency's list of
Consultants that is created and maintained under OAR 137-048-0120 (List of
Interested Consultants; Performance Record); or
(C) All Consultants that the Contracting
Agency reasonably can locate that offer the desired Architectural, Engineering,
Photogrammetric Mapping, Transportation Planning or Land Surveying Services or
Related Services, or any combination of the foregoing.
(c) Review and rank all Proposals received
according to the criteria set forth in the RFP, and select the three highest
ranked Proposers.
(3)
Contracting Agencies using the informal selection procedure for Related
Services on the basis of price Proposals and other pricing information alone
shall:
(a) Create an RFP that includes at a
minimum the following:
(A) A description of
the Project for which a Consultant's Related Services are needed and a
description of the Related Services that will be required under the resulting
Contract;
(B) The anticipated
Contract performance schedule;
(C)
Conditions or limitations, if any, that may constrain or prohibit the selected
Consultant's ability to provide additional services related to the Project,
including construction services;
(D) The date and time Proposals are due and
other directions for submitting Proposals;
(E) Any minimum or pass-fail qualifications
that the Proposers must meet, including but not limited to any such
qualifications in the subject matter areas described in section (2)(a)(E)(i)
through section (2)(a)(E)(viii) of this rule that are related to the Related
Services described in the RFP;
(F)
Pricing criteria upon which the highest ranked Consultant will be selected.
Pricing criteria may include, but are not limited to, the total price for the
Related Services described in the RFP, Consultant pricing policies and other
pricing information such as the Consultant's estimated number of staff hours
needed to perform the Related Services described in the RFP, expenses, hourly
rates and overhead;
(G) A statement
directing Proposers to the protest procedures set forth in these Division 48
rules; and
(H) A sample form of the
Contract.
(b) Provide
the RFP to a minimum of five (5) prospective Consultants. If fewer than five
(5) prospective Consultants are available, Contracting Agencies shall provide
the RFP to all available prospective Consultants and shall maintain a written
record of the Contracting Agencies' efforts to locate available prospective
Consultants for the RFP. Contracting Agencies shall draw prospective
Consultants from:
(A) The Contracting
Agency's list of Consultants that is created and maintained under OAR
137-048-0120 (List of Interested Consultants; Performance Record);
(B) Another Contracting Agency's list of
Consultants that is created and maintained under OAR 137-048-0120 (List of
Interested Consultants; Performance Record); or
(C) All Consultants that the Contracting
Agency reasonably can locate that offer the desired Related Services;
and.
(c) Review and rank
all responsive Proposals received, according to the total price for the Related
Services described in the RFP, Consultant pricing policies and other pricing
information requested in the RFP, including but not limited to the number of
hours proposed for the Related Services required, expenses, hourly rates and
overhead, and select the three highest-ranked Proposers.
(4) If the Contracting Agency does not cancel
the RFP after it reviews the Proposals and ranks each Proposer, the Contracting
Agency will begin negotiating a Contract with the highest ranked Proposer. The
Contracting Agency shall direct Contract negotiations toward discussing,
refining and finalizing the following:
(a) The
specific scope of Architectural, Engineering, Photogrammetric Mapping,
Transportation Planning or Land Surveying Services or Related Services to be
provided by the Consultant;
(b)
The Consultant's performance obligations and performance schedule;
(c) Payment methodology, Consultant's rates
and number of hours, and a maximum amount payable to the Consultant for the
Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or
Land Surveying Services or Related Services required under the Contract that is
fair and reasonable to the Contracting Agency as determined solely by the
Contracting Agency, taking into account the value, scope, complexity and nature
of the Architectural, Engineering, Photogrammetric Mapping, Transportation
Planning or Land Surveying Services or Related Services; and
(d) Any other conditions or provisions the
Contracting Agency believes to be in the Contracting Agency's best interest to
negotiate.
(5) The
Contracting Agency shall, either orally or in writing, formally terminate
negotiations with the highest ranked Proposer, if the Contracting Agency and
the Proposer are unable for any reason to reach agreement on a Contract within
a reasonable amount of time. The Contracting Agency may thereafter negotiate
with the second ranked Proposer, and if necessary, with the third ranked
Proposer, in accordance with section (4) of this rule, until negotiations
result in a Contract. If negotiations with any of the top three Proposers do
not result in a Contract within a reasonable amount of time, the Contracting
Agency may end the particular informal solicitation and thereafter may proceed
with a new informal solicitation under this rule or proceed with a formal
solicitation under OAR 137-048-0220 (Formal Selection Procedure).
(6) Local Contracting Agencies using the
informal selection procedure for Architectural, Engineering, Photogrammetric
Mapping, Transportation Planning or Land Surveying Services, when the Local
Contracting Agencies will be using pricing policies, proposals or other pricing
information as part of the Local Contracting Agencies' screening and selection
of prospective Consultants, pursuant to ORS
279C.110(5) [HB
2769 (Oregon Laws 2019, Chapter 55)], shall:
(a) Create an RFP that meets the requirements
of ORS 279C.110(5)(a)
In providing an estimate of the cost of the Architectural, Engineering,
Photogrammetric Mapping, Transportation Planning or Land Surveying Services
described in the RFP, the Local Contracting Agency may provide a specific
estimate of that cost, or a range of estimated costs;
(b) Provide the RFP to a minimum of five (5)
prospective Consultants. If fewer than five (5) prospective Consultants are
available, the Local Contracting Agency shall provide the RFP to all available
prospective Consultants and shall maintain a written record of the Local
Contracting Agency's efforts to locate available prospective Consultants for
the RFP. The Local Contracting Agency shall draw prospective Consultants from:
(A) The Local Contracting Agency's list of
Consultants that is created and maintained under OAR 137-048-0120 (List of
Interested Consultants; Performance Record);
(B) Another Contracting Agency's list of
Consultants that is created and maintained under OAR 137-048-0120 (List of
Interested Consultants; Performance Record); or
(C) All Consultants that the Local
Contracting Agency reasonably can locate that offer the desired Architectural,
Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying
Services, or any combination of the foregoing.
(c) In the initial phase of the RFP, evaluate
each prospective Consultant on the basis of each Consultant's qualifications to
perform the Architectural, Engineering, Photogrammetric Mapping, Transportation
Planning or Land Surveying Services described in the RFP, with those
qualifications including the criteria set forth in subsections (2)(a)(E)(i)
through (2)(a)(E)(viii) of this rule;
(d) At the end of the initial phase of the
RFP, announce the evaluation scores of each Consultant and rank each Consultant
according to the evaluation scores. The Local Contracting Agency shall identify
up to three (3) of the highest ranked prospective Consultants as being
qualified to perform the Architectural, Engineering, Photogrammetric Mapping,
Transportation Planning or Land Surveying Services described in the RFP, and as
being eligible to participate in the second phase of the RFP process;
(e) In the second phase of the RFP, request a
pricing proposal from the highest ranked prospective Consultants identified in
the initial phase of the RFP, with that pricing proposal to meet the
requirements of ORS 279C.110(5)(c)(A) and
(B);
(f) Complete the evaluation of the highest
ranked prospective Consultants that have decided to provide price proposals. In
the Local Contracting Agency's final evaluation of the prospective Consultants
who have provided price proposals, the Local Contracting Agency cannot assign
more than fifteen (15) percent of the overall weight of the evaluation criteria
in the second phase of the RFP to each Consultant's price proposal;
(g) If the Local Contracting Agency does not
cancel the RFP after it reviews the qualifications of all prospective
Consultants and the price proposals received from the highest ranked
Consultants and ranks the highest ranked Consultants from the second phase of
the RFP, begin negotiating a Contract with the highest ranked prospective
Consultant. The Local Contracting Agency shall direct Contract negotiations
toward discussing, refining and finalizing the following:
(A) The specific scope of Architectural,
Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying
Services or Related Services to be provided by the Consultant;
(B) The Consultant's performance obligations
and performance schedule;
(C) The
Consultant's payment methodology, rates and number of hours, and a maximum
amount payable to the Consultant for the Architectural, Engineering,
Photogrammetric Mapping, Transportation Planning or Land Surveying Services
required under the Contract that is fair and reasonable to the Local
Contracting Agency as determined solely by the Local Contracting Agency, taking
into account the value, scope, complexity and nature of the Architectural,
Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying
Services; and
(D) Any other
conditions or provisions the Local Contracting Agency believes to be in the
Local Contracting Agency's best interest to negotiate; and
(h) The Local Contracting Agency shall,
either orally or in writing, formally terminate negotiations with the highest
ranked Consultant, if the Local Contracting Agency and the Consultant are
unable for any reason to reach agreement on a Contract within a reasonable
amount of time. The Local Contracting Agency may thereafter negotiate with the
second ranked Consultant, and if necessary, with the third ranked Consultant,
in accordance with section (6)(g) of this rule, until negotiations result in a
Contract. If negotiations with any of the top three prospective Consultants do
not result in a Contract within a reasonable amount of time, the Local
Contracting Agency may end the particular informal solicitation and thereafter
may proceed with a new informal solicitation under this rule or proceed with a
formal solicitation under OAR 137-048-0220 (Formal Selection
Procedure).
(7) When the
Estimated Fee in an informal selection procedure under this rule is expected
not to exceed $150,000, the Contracting Agency is only required to provide the
RFP under sections (2), (3) and (6) of this rule to three (3) prospective
Consultants. If fewer than three (3) prospective Consultants are available, the
Contracting Agency shall provide the RFP to all available prospective
Consultants and shall maintain a written record of the Contracting Agency's
efforts to locate available prospective Consultants for the RFP.
(8) The Contracting Agency shall terminate
the informal selection procedure and proceed with the formal selection
procedure under OAR 137-048-0220 if the scope of the anticipated Contract is
revised during negotiations so that the Estimated Fee will exceed
$250,000.
Notes
Statutory/Other Authority: ORS 279A.065, OL 2011 & ch 458
Statutes/Other Implemented: ORS 279C.110, OL 2011 & ch 458
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