Or. Admin. Code § 731-148-0270 - Price Agreements

(1) ODOT may establish Price Agreements for Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services, when ODOT cannot determine the precise quantities of those Services that ODOT will require over a specified time period.

(2) When establishing Price Agreements under this rule, ODOT shall select no fewer than three Consultants, when feasible. The selection procedures for establishing Price Agreements shall be in accordance with OAR 731-148-0130(1). ODOT may select a single Consultant when a Price Agreement is awarded to obtain services for a specific Project or a closely-related group of Projects.

(3) In addition to any other applicable solicitation requirements set forth in these Division 148 rules, solicitation materials and the terms and conditions for a Price Agreement for Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services must:

(a) Include a scope of services, menu of services, a specification for services or a similar description of the nature, general scope, complexity and purpose of the Procurement that will reasonably enable a prospective bidder or Proposer to decide whether to submit a bid or proposal;

(b) Specify whether ODOT intends to award a Price Agreement to one Consultant or to multiple Consultants. If ODOT will award a Price Agreement to more than one Consultant, the Solicitation Document and Price Agreement shall describe the criteria and procedures ODOT will use to select a Consultant for each individual work order. Subject to the requirements of ORS 279C.110, the criteria and procedures to assign work orders that only involve or predominantly involve Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying services are at ODOT's sole discretion; provided, however, in circumstances where a direct contract is not permitted under OAR 731-148-0200, the selection criteria cannot be based on pricing policies, pricing proposals or other pricing information, including the number of hours proposed for the Services required, expenses, hourly rates and overhead. In accordance with OAR 731-148-0200, OAR 731-148-0205, and OAR 731-148-0220 applicable to Related Services Procurements, the selection criteria and procedures may be based solely on the qualifications of the Consultants, solely on pricing information, or a combination of both qualifications and pricing information. Pricing information may include the number of hours proposed for the services required, expenses, hourly rates, the number of hours, overhead and other price factors. Work order assignment procedures under Price Agreements may include direct appointments, subject to the requirements of OAR 731-148-0200; and

(c) Specify the maximum term for assigning Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services under the Price Agreement.

(4) All Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services assigned under a Price Agreement require a written work order issued by ODOT. Any work orders assigned under a Price Agreement must include, at a minimum, the following:

(a) The Consultant's performance obligations and performance schedule;

(b) The 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 work order that is fair and reasonable to ODOT, as determined solely by ODOT, taking into account the value, scope, complexity and nature of the Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services;

(c) Language that incorporates all applicable terms and conditions of the Price Agreement into the work order; and

(d) Any other conditions or provisions ODOT believes to be in ODOT's best interest.

Notes

Or. Admin. Code § 731-148-0270

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