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73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session <br /> A-Engrossed <br /> House Bill 3272 <br /> Ordered by the House May 6 <br /> Including House Amendments dated May 6 <br /> Sponsored by COMMITTEE ON BUSINESS, LABOR AND CONSUMER AFFAIRS (at the request of American <br /> Council of Engineering Companies-Oregon, American Institute of Architects-Oregon) <br /> SUMMARY <br /> The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject <br /> to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the <br /> measure. <br /> Modifies project value conditions under which local contracting agencies must apply procedure <br /> in Public Contracting Code for selecting. candidates to provide architectural, engineering or land <br /> surveying services. <br /> 1 A BILL FOR AN ACT <br /> 2 Relating to procedure in Public Contracting Code for selecting candidates to provide personal ser- <br /> 3 vices; creating new provisions; and amending ORS 2'79C.110 and section 93, chapter 794, Oregon <br /> 4 Laws 2003. <br /> 5 Be Tt Enacted by the People of the State of Oregon: <br /> 6 SECTION 1. ORS 279C.110 is amended to read: <br /> 7 279C.110. (1) A state contracting agency shall select consultants to provide architectural, engi- <br /> 8 veering or land surveying services on the basis of qualifications for the type of professional service <br /> 9 required. A state contracting agency may solicit or use pricing policies and proposals or other <br /> 10 pricing information to determine consultant compensation only after the agency has selected a <br /> 11 candidate pursuant to subsection (3) of this section. <br /> 12 (2) This section applies only if the architectural, engineering or land surveying services contract <br /> 13 is issued by a state contracting agency and does not apply to any such contract issued by a local <br /> 14 contracting agency unless the following conditions apply: <br /> 15 (a) The local contracting agency receives.. moneys from the State Highway Fund under ORS <br /> 16 366.762 or 366.800 or a grant or loan from the state that will be used to pay for any portion of the <br /> 17 design and construction of the project; <br /> 18 (b) The total amount of any grants, loans or moneys from the State Highway Fund and from the <br /> 19 state for the project exceeds [35] 10 percent of the value of the project; and <br /> 20 (c) The value of the project exceeds [$400,000] $900,000. <br /> 21 (3) Subject to the requirements of subsections (1) and (2) of this section, the procedures that a <br /> 22 contracting agency creates for the screening and selection of consultants and the selection of a <br /> 23 candidate under this section shall be within the sole discretion of the contracting agency and may <br /> 24 be adjusted to accommodate the contracting agency's scope, schedule and budget objectives for a <br /> 25 particular project. Adjustments to accommodate a contracting agency's objectives may include pro- <br /> 26 vision for the direct appointment of a consultant if the value of the project does not exceed a <br /> <br /> 27 threshold amount as determined by the contracting agency. Screening and selection procedures may <br /> NOTE: Matter in boldfaced type in an amended section is new; matter (it¢Zic and br¢cketed] is existing law to be omitted. <br /> New sections are in boldfaced type. <br /> i.C 1091 <br /> <br />