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 (Definitions for ORS 279A.065, 279C.307, 279C.335, 279C.337 and 279C.380)(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 (Definitions).
(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.

Source: Rule 125-249-0145 — Contracts for Oversight of Public Contracts, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=125-249-0145.

125‑249‑0100
Application 125‑249‑0110
Policies 125‑249‑0120
Definitions 125‑249‑0130
Competitive Bidding Requirement 125‑249‑0140
Contracts for Construction Other Than Public Improvements 125‑249‑0145
Contracts for Oversight of Public Contracts 125‑249‑0150
Emergency Contracts 125‑249‑0160
Intermediate Procurements 125‑249‑0200
Solicitation Documents 125‑249‑0210
Notice and Advertising Requirements 125‑249‑0220
Prequalification of Offerors 125‑249‑0230
Eligibility to Bid or Propose 125‑249‑0240
Pre-Offer Conferences 125‑249‑0250
Addenda to Solicitation Documents 125‑249‑0260
Request for Clarification or Change 125‑249‑0270
Cancellation of Solicitation Document 125‑249‑0280
Offer Submissions 125‑249‑0290
Bid or Proposal Security 125‑249‑0300
Facsimile Bids and Proposals 125‑249‑0310
Electronic Procurement 125‑249‑0320
Pre-Closing Modification or Withdrawal of Offers 125‑249‑0330
Receipt, Opening and Recording of Offers 125‑249‑0340
Late Bids, Late Withdrawals and Late Modifications 125‑249‑0350
Mistakes 125‑249‑0360
First-Tier Subcontractors 125‑249‑0370
Disqualification of Persons 125‑249‑0380
Bid or Proposal Evaluation Criteria 125‑249‑0390
Offer Evaluation and Award 125‑249‑0395
Notice of Intent to Award 125‑249‑0400
Documentation of Award 125‑249‑0410
Time for Authorized Agency Acceptance 125‑249‑0420
Negotiation With Bidders Prohibited 125‑249‑0430
Negotiation when Bids Exceed Cost Estimate 125‑249‑0440
Rejection of Offers 125‑249‑0450
Protest of Contractor Selection, Contract Award 125‑249‑0460
Performance and Payment Security 125‑249‑0470
Substitute Contractor 125‑249‑0490
Foreign Contractor 125‑249‑0600
Alternative Contracting Methods 125‑249‑0610
Definitions for Alternative Contracting Methods 125‑249‑0620
Use of Alternative Contracting Methods 125‑249‑0630
Findings, Notice and Hearing 125‑249‑0640
Competitive Proposals 125‑249‑0645
Requests for Qualifications (RFQ) 125‑249‑0650
Requests for Proposals (RFP) 125‑249‑0660
RFP Pricing Mechanisms 125‑249‑0670
Design-Build Contracts 125‑249‑0680
Energy Savings Performance Contracts (ESPC) 125‑249‑0690
Construction Manager/General Contractor (CM/GC) 125‑249‑0800
Required Contract Clauses 125‑249‑0810
Waiver of Delay Damages Against Public Policy 125‑249‑0815
BOLI Public Works Bond 125‑249‑0820
Retainage 125‑249‑0830
Contractor Progress Payments 125‑249‑0840
Interest 125‑249‑0850
Final Inspection 125‑249‑0860
Public Works Contracts 125‑249‑0870
Specifications 125‑249‑0880
Records Maintenance 125‑249‑0890
Authorized Agency Payment for Unpaid Labor or Supplies 125‑249‑0900
Contract Suspension 125‑249‑0910
Changes to the Work and Contract Amendments
Last Updated

Jun. 8, 2021

Rule 125-249-0145’s source at or​.us