OAR 125-249-0145: Contracts for Oversight of Public Contracts

(1) Application. (a) This Rule does not apply to a Procurement that qualifies as a construction manager/general contractor procurement or a design-build procurement. (A) "Construction Manager/General Contractor" (CM/GC) is defined in ORS 279C.332(2). (B) "Design-Build" means a form of Procurement that results in a Public Improvement Contract in which the construction Contractor also provides or obtains specified design Services, participates on the project team with the Authorized Agency, and manages both design and construction. In this form of Contract, a single Person provides the Authorized Agency with all of the Personal Services and Work necessary to both design and construct the project. (b) This Rule applies to: (A) Procurements first advertised or otherwise solicited on or after January 1, 2010; or (B) Contracts entered into on or after January 1, 2010. (2) Definitions. For the purposes of this Rule only, (a) “Personal Services” means Personal Services as defined in OAR 125-246-0110. (b) “Affiliate” means a Person that, directly or indirectly through one or more intermediaries, controls, is controlled by or is under common control with the Contractor who is a party to a Public Contract that is subject to oversight by means of a Public Contract for Personal Services. (3) Requirements. (a) If an Authorized Agency has contracted with a firm to provide construction services or Architectural, Engineering and Land Surveying Services or Related Services, the Authorized Agency may not contract with that same firm or an affiliate of that firm to provide Personal Services for administering, managing, monitoring, inspecting, evaluating compliance with, or otherwise providing oversight of the construction services or Architectural, Engineering and Land Surveying Services or Related Services. (b) An Authorized Agency may not contract with a firm to perform construction services or Architectural, Engineering and Land Surveying Services or Related Services and then use the contract with that firm, through a subcontract, to contract with a Person to provide Personal Services for administering, managing, monitoring, inspecting, evaluating compliance with, or otherwise providing oversight of that firm.