Or. Admin. Code § 731-148-0260 - Two-Tiered Selection Procedure for Local Contracting Agency Public Improvement Projects

(1) For Procurements subject to ORS 279C.125, ODOT will serve as the lead Contracting Agency and will enter into Contracts which result from the two-tiered selection process described below.

(2) Tier One.

(a) ODOT shall, when feasible, identify no fewer than three most qualified Proposers responding to an RFP that was issued under OAR 731-148-0220 (Formal Selection Procedure), or from among Architects, Engineers, Photogrammetrists, Transportation Planners, or Land Surveyors identified under OAR 731-148-0200 (Direct Appointment Procedure) or OAR 731-148-0205 (Small Purchase Procedure).

(b) ODOT shall notify the Local Contracting Agency of the Architects, Engineers, Photogrammetrists, Transportation Planners, or Land Surveyors identified in (a) above.

(c) The Local Contracting Agency shall not Evaluate Tier One.

(3) Tier Two. In accordance with the qualifications based selection requirements of ORS 279C.110, the Local Contracting Agency shall select an Architect, Engineer, Photogrammetrist, Transportation Planner, or Land Surveyor from:

(a) The list of Proposers provided to the Local Contracting Agency by ODOT pursuant to section (2) above by using an additional qualification based process; or

(b) An alternative process adopted by the Local Contracting Agency consistent with the provisions of the applicable Procurement document, if any, and these Division 148 rules.

(A) ODOT and the Local Contracting Agency may document through an intergovernmental agreement between the parties, the alternative process that the Local Contracting Agency has adopted for a Procurement or series of Procurements.

(B) The Local Contracting Agency's alternative process must be described in the applicable Procurement document and may include, for example selecting the highest-ranked firm identified by ODOT in section (2) above or, in the event of a multiple award under the terms of the applicable Procurement document, selecting the highest ranked firms that are selected under the terms of the Procurement document.

(c) ODOT shall not Evaluate Tier Two.

(4) Where multiple Local Government Agencies are involved in a two-tiered selection procedure, the Local Government Agencies may name one or more authorized representative(s) to act on behalf of all the Local Government Agencies, whether the Local Government Agencies are acting collectively or individually, to select the Architect, Engineer, Photogrammetrist, Transportation Planner or Land Surveyor to perform the Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services under the tier two selection process. In the event of a multiple award under the terms of the applicable Procurement, the authorized representative(s) of the Local Contracting Agencies may act on behalf of the Local Contracting Agencies to select the highest ranked firms that are required under the terms of the Procurement document, as part of the tier two selection process.

(5) ODOT shall negotiate a Contract with the selected Architect, Engineer, Photogrammetrist, Transportation Planner, or Land Surveyor in accordance with the negotiation provisions of OAR 731-148-0200 (Direct Appointment Procedure), OAR 731-148-0205 (Small Purchase Procedure) or OAR 731-148-0220 (Formal Selection Procedure) as applicable.

(6) Nothing in these Division 148 rules should be construed to deny or limit a Local Contracting Agency's ability to enter into a Contract directly with an Architect, Engineer, Photogrammetrist, Transportation Planner, or Land Surveyor pursuant to ORS 279C.125(4), through a selection process established by that Local Contracting Agency.

(7) For all Procurements subject to the two-tier selection procedure, ODOT will serve as the contract administrator.

Notes

Or. Admin. Code § 731-148-0260

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), 279C.110 & 279C.125