OAR 736-148-0130: Temporary rule language in effect until 10/19/2026. Applicable Selection Procedures; Pricing Information; Disclosure of Proposals; Conflicts of Interest

(1) When selecting a consultant to perform architectural, engineering, photogrammetric mapping, transportation planning or land surveying services, and related services, the department shall follow the applicable selection procedure under either direct award procedure (736-148-0200), intermediate selection procedure (736-148-0210) or formal selection procedure (736-148-0220) and as outlined in the solicitation document. The department may use qualifications, pricing policies and pricing proposals, or other pricing information, including the number of hours proposed for the services required, expenses, hourly rates and overhead, or a combination of the these to determine the most qualified consultant in accordance with the project requirements, and consistent with federal law, as applicable; (2) The department is not required to follow the procedures in section (1) of this rule, when the department has established price agreements and is selecting a consultant to perform services under an individual work order or task order. (3) The department may use electronic methods to screen and select a consultant. (4) The following provisions apply to proposals: (a) The term “competitive proposal,” includes proposals submitted for intermediate and formal selection procurements and any proposals submitted in response to a selection process for a work order under an existing price agreement. (b) For direct award procurement, a formal notice of intent to award is not required. Proposals are not required to be open for public inspection until after the department has executed a contract with the selected consultant. (c) When the department is conducting discussions or negotiations with proposers who submit proposals that have been determined to be closely competitive or to have a reasonable chance of being selected for award, the department may open proposals so as to avoid disclosure of proposal contents to competing proposers. The department may make proposals available for public inspection following the department’s issuance of a notice of intent to award a contract to a consultant; and (d) The department shall withhold from disclosure to the public trade secrets, as defined in ORS 192.345, and information submitted to the department in confidence, as described in ORS 192.355, that are contained in a proposal. Opening a proposal at a public meeting, as defined in ORS 192.610, does not make the contents of the proposal subject to disclosure. (5) To ensure the objectivity and independence of providers of certain personal services, the department may not: (a) Procure the personal services from a contractor or consultant or an affiliate of a contractor or consultant who is a party to the public contract that is subject to administration, management, monitoring, inspection, evaluation or oversight by means of the personal services; or (b) Procure the personal services through the public contract that is subject to administration, management, monitoring, inspection, evaluation or oversight by means of the personal services. (6) The requirements of section (5) of this rule apply in the following circumstances: (a) The department requires the procurement of personal services for the purpose of administering, managing, monitoring, inspecting, evaluating compliance with or otherwise overseeing a public contract or performance under a public Contract. (b) The procurements of personal services may include, but are not limited to, the following: (A) Procurements for architectural, engineering, photogrammetric mapping, transportation planning or land surveying services, which involve overseeing or monitoring the performance of a construction contractor under a public contract for construction services; (B) Procurements for commissioning services, which involve monitoring, inspecting, evaluating or otherwise overseeing the performance of a contractor or consultant providing architectural, engineering, photogrammetric mapping, transportation planning or land surveying services or the performance of a construction contractor under a public contract for construction services; (C) Procurements for project management services, which involve administration, management, monitoring, inspecting, evaluating compliance with or otherwise overseeing the performance of a contractor or consultant providing architectural, engineering, photogrammetric mapping, transportation planning or land surveying services, construction services, commissioning services or other related services for a project; (D) Procurements for special inspections and testing services, which involve inspecting, testing or otherwise overseeing the performance of a construction contractor under a public contract for construction services; and (E) Procurements for other related services or personal services, which involve administering, managing, monitoring, inspecting, evaluating compliance with or otherwise overseeing the public contracts.