Department of Transportation
Chapter 731
Division 148
CONSULTANT SELECTION: ARCHITECTURAL, ENGINEERING, LAND SURVEYING AND RELATED SERVICES CONTRACTS
731-148-0200
Direct Appointment Procedure
(1) ODOT may enter into a Contract directly with a Consultant without following the selection procedures set forth elsewhere in these rules if:
(a) Emergency. ODOT finds that an Emergency exists; or
(b) Small Estimated Fee. The Estimated Fee to be paid under the Contract does not exceed $100,000; or
(c) Continuation of Project with Intermediate Estimated Fee. For ODOT where a Project is being continued, as more particularly described below, and where the Estimated Fee will not exceed $250,000, the Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services to be performed under the Contract must meet the following requirements:
(A) The services consist of or are related to Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services that have been substantially described, planned or otherwise previously studied in an earlier Contract with the same Consultant and are rendered for the same Project as the Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services rendered under the earlier Contract;
(B) The Estimated Fee to be made under the Contract does not exceed $250,000; and
(C) ODOT used either the formal selection procedure under OAR 731-148-0220 (Formal Selection Procedure) or the formal selection procedure applicable to selection of the Consultant at the time of original selection to select the Consultant for the earlier Contract; or
(d) Continuation of Project with Extensive Estimated Fee. For ODOT where a Project is being continued, as more particularly described below, and where the Estimated Fee is expected to exceed $250,000, the Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services to be performed under the Contract must meet the following requirements:
(A) The services consist of or are related to Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services that have been substantially described, planned or otherwise previously studied under an earlier Contract with the same Consultant and are rendered for the same Project as the Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services rendered under the earlier Contract;
(B) ODOT used either the formal selection procedure under OAR 731-148-0220 (Formal Selection Procedure) or the formal selection procedure applicable to selection of the Consultant at the time of original selection to select the Consultant for the earlier Contract; and
(C) ODOT makes written findings that entering into a Contract with the Consultant, whether in the form of an amendment to an existing Contract or a separate Contract for the additional scope of services, will:
(i) Promote efficient use of public funds and resources and result in substantial cost savings to ODOT; and,
(ii) Protect the integrity of the Public Contracting process and the competitive nature of the Procurement by not encouraging favoritism or substantially diminishing competition in the award of the Contract.
(2) ODOT may select a Consultant for a Contract under this rule from the following sources:
(a) A list of Consultants created and maintained by ODOT under OAR 731-148-0215 (Request for Qualifications);
(b) A list of Consultants awarded Price Agreements under OAR 731-148-0270 (Price Agreements);
(c) Any Consultants that ODOT reasonably can locate that offer the desired services; or
(d) Any combination of (a) through (c) above.
(3) ODOT shall direct negotiations with a Consultant selected under this rule toward obtaining written agreement on:
(a) The Consultant's performance obligations and performance schedule;
(b) 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 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; and
(c) Any other conditions or provisions ODOT believes to be in ODOT's best interest to negotiate.
Statutory/Other Authority: ORS 184.619, 279A.065(6)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.050(3), 279C.110, 279C.115 & 279C.120
History:
DOT 3-2020, amend filed 07/17/2020, effective 07/17/2020
DOT 1-2019, adopt filed 02/21/2019, effective 02/21/2019