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A-Eng. HB 3272 1 include a consideration of each candidate's: 2 (a) Specialized experience, capabilities and technical competence that may be demonstrated by 3 the proposed approach and methodology to meet the project requirements; 4 (b) Resources available to perform the work and the proportion of the candidate staff"s time that 5 would be spent on the project, including any specialized services, within the applicable time limits; 6 (c) Record of past performance, including but not limited to price and cost data from previous 7 projects, quality of work, ability to meet schedules, cost control and contract administration; 8 (d) Ownership status and employment practices regarding minority, women and emerging small 9 businesses or historically underutilized businesses; 10 (e) Availability to the project locale; ii (f) Familiarity with the project locale; and 12 (g) Proposed project management techniques. 13 (4) If the screening and selection procedures created by a contracting agency under subsection 14 (3) of this section result in the determination by the contracting agency that two or more candidates 15 are equally qualified, the contracting agency may select a candidate through any process adopted 16 by the contracting agency. 17 (5) The contracting agency and the selected candidate shall mutually discuss and refine the i8 scope of services for the project and shall negotiate conditions, including but not limited to com- 19 pensation level and performance schedule, based on the scope of services. The compensation level 20 paid must be reasonable and fair to the contracting agency as determined solely by the contracting 21 agency. Authority to negotiate a contract under this section does not supersede any provision of 22 ORS 279A.140 or 279C.520. 23 (6) If the contracting agency and the selected candidate are unable for any reason to negotiate 24 a contract at a compensation level that is reasonable and fair to the contracting agency, the con- 25 tracting agency shall, either orally or in writing, formally terminate negotiations with the selected 26 candidate. The contracting agency may then negotiate with another candidate. The negotiation 27 process may continue in this manner through successive candidates until an agreement is reached 28 or the contracting agency terminates the consultant contracting process. 29 (7) It is the goal of this state to promote a sustainable economy in the rural areas of the state. 30 In order to monitor progress toward this goal, a state contracting agency to which this section ap- 31 plies shall keep a record of the locations for the architectural, engineering and land surveying ser- 32 vices contracts and related services contracts to be performed throughout the state, the locations 33 of the selected consultants and the direct expenses on each contract. This record shall include the 34 total number of contracts over a 10-year. period for each consultant firm. The record of direct ex- 35 penses shall include all personnel travel expenses as a separate and identifiable expense on the 36 contract. Upon request, the state contracting agency shall make these records available to the 37 public. 38 SECTION 2. ORS 279C.110, as amended by section 1 of this 2005 Act, applies only to public 39 contracts for personal services advertised or solicited on or after the effective date of this 40 2005 Act. 41 SECTION 3. ORS 279C.110, as amended by section 92, chapter 794, Oregon Laws 2003, is 42 amended to read: 43 279C.110. (1) A state contracting agency shall select consultants to provide architectural, engi- 44 neering or land surveying services on the basis of qualifications for the type of professional service 45 required. A state contracting agency may solicit or use pricing policies and proposals or other [2] _ _