2017 ORS 279C.125¹
Architectural, engineering, photogrammetric mapping, transportation planning and land surveying services selection process for local public improvements procured through state agency
  • rules

(1) The Department of Transportation, the Oregon Department of Administrative Services or any other state contracting agency shall adopt rules establishing a two-tiered selection process for contracts with architects, engineers, photogrammetrists, transportation planners and land surveyors to perform personal services contracts. The selection process shall apply only if:

(a) A public improvement is owned and maintained by a local government; and

(b) The Department of Transportation, the Oregon Department of Administrative Services or another state contracting agency will serve as the lead state contracting agency and will execute personal services contracts with architects, engineers, photogrammetrists, transportation planners and land surveyors for work on the public improvement project.

(2) The selection process required by subsection (1) of this section must require the lead state contracting agency to select no fewer than the three most qualified consultants when feasible in accordance with ORS 279C.110 (Selection procedure for consultants to provide services).

(3) The local government is responsible for the final selection of the consultant from the list of qualified consultants selected by the lead state contracting agency or through an alternative process adopted by the local government.

(4) Nothing in this section applies to the selection process used by a local contracting agency when the contracting agency executes a contract directly with architects, engineers, photogrammetrists, transportation planners or land surveyors. [2003 c.794 §96; 2011 c.458 §6]

Note: Sections 1 to 4, chapter 216, Oregon Laws 2017, provide:

Sec. 1. (1) The Department of Transportation shall conduct a pilot program on the prompt payment of certain contracts as described in this section.

(2) When the department receives an invoice or other demand for payment for qualified services from a contractor that is a small business, the department shall pay the invoice or demand within 15 days after the later of:

(a) The date the department receives the invoice or demand; or

(b) The date that payment is due on the invoice or demand.

(3) Subsection (2) of this section applies only if the contractor certifies to the department that the contractor is a small business in accordance with this subsection. A certification under this subsection must:

(a) State the number of employees currently employed by the contractor;

(b) Be in writing, signed and dated; and

(c) Be transmitted to the department as an attachment to the invoice or demand.

(4) Subsection (2) of this section applies only to amounts due for services completed and accepted under the terms of the applicable contract.

(5) Subsection (2) of this section applies only to invoices or demands that are:

(a) Pursuant to contracts executed on or after January 1, 2018; and

(b) Received by the department before June 30, 2019.

(6) If the department does not timely pay amounts due to a contractor as required by subsection (2) of this section, the department shall pay interest to the contractor at the rate of 1.5 percent per month on any amounts not timely paid.

(7) Nothing in this section affects the contractual rights or obligations of any party.

(8) As used in this section:

(a) “Qualified services” means architectural, engineering, photogrammetric mapping, transportation planning or land surveying services or related services, as those terms are defined in ORS 279C.100 (Definitions for ORS 279C.100 to 279C.125).

(b) “Small business” means a business that employs not more than 50 employees. [2017 c.216 §1]

Sec. 2. A person who knowingly supplies false information to the Department of Transportation in connection with a certification under section 1 (3) of this 2017 Act commits a Class A misdemeanor. [2017 c.216 §2]

Sec. 3. No later than March 31, 2019, the Department of Transportation shall report to the Legislative Assembly in the manner provided under ORS 192.245 (Form of report to legislature) on the results of the pilot program described in section 1 of this 2017 Act. [2017 c.216 §3]

Sec. 4. Sections 1 to 3 of this 2017 Act are repealed on January 2, 2020. [2017 c.216 §4]

1 Legislative Counsel Committee, CHAPTER 279C—Public Improvements and Related Contracts, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors279C.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.