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i "(f) Familiarity with the project locale; and 2 "(g) Proposed project management techniques. 3 "(4) If the screening and selection procedures .created by a contracting agency under subsection 4 (3) of this section result in the determination by the contracting agency that two or more candidates 5 are equally qualified, the contracting agency may select a candidate through any process adopted 6 by the contracting agency. 7 "(5) The contracting agency and the selected candidate shall mutually discuss and refine the 8 .scope of services for the project and shall negotiate conditions, including but not limited to com- 9 pensation level and performance schedule, based on the scope of services. The compensation level 10 paid must be reasonable and fair to the contracting agency as determined solely by the contracting 11 agency. Authority to negotiate a contract under this section does not supersede any provision of 12 ORS 279A.140 or 279C.520. 13 "(6) If the contracting agency and the selected candidate are unable for any reason to negotiate 14 a contract at a compensation level that is reasonable and fair to the contracting agency, the con- 15 tracting agency shall, either orally or in writing, formally terminate negotiations with the selected 16 candidate. The contracting agency may then negotiate with another candidate. The negotiation 17 process may continue in this manner through successive candidates until an agreement is reached 18 or the contracting agency terminates the consultant contracting process. 19 "(7) It is the goal of this state to promote a sustainable economy in the rural areas of the state. 20 In order to monitor progress toward this goal, a state contracting agency to which this section ap- 21 plies shall keep a record of the locations for the architectural, engineering and land surveying ser- 22 vices contracts and related services contracts to be performed throughout the state, the locations 23 of the selected consultants and the direct expenses on each contract. This record shall include the 24 total number of contracts over a 10-year period for each consultant firm. The record of direct ex- 25 penses shall include all personnel travel expenses as a separate and identifiable expense on the 26 contract. Upon request, the state contracting agency shall make these records available to the 27 public. 28 "SECTION 2. ORS 279C.110, as amended by section 1 of this 2005 Act, applies only to 29 public contracts for personal services advertised or solicited on or after the effective date 30 of this 2005 Act 31 In line 5, delete "1" and insert "3". 32 In line 7, restore the bracketed material. 33 In line 9, restore the bracketed material. 34 In line 11, delete "(2)" and insert "(3)". 35 After line 11, insert: 36 "(2) This section applies only if the architectural, engineering or land surveying services con- 37 tract is issued by a state contracting agency and does not apply to any such contract issued by a 38 local contracting agency unless the following conditions apply: 39 "(a) The local contracting agency receives moneys from the State Highway Fund under ORS 40 366.762 or 366.800 or a grant or loan from the state that will be used to pay for any portion of the 41 design and construction of the project; 42 "(b) The total amount of any grants, loans or moneys from the State Highway Fund and from 43 the state for the project exceeds 10 percent of the value of the project; and 44 "(c) The value of the project exceeds $900,000.". 45 In line 12, delete "(2)" and insert "(3)" and delete "subsection (1)" and insert "subsections (1) HA to HB 3272 Page 2