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A-Eng. HB 3272 1 pricing information to determine consultant compensation only after the agency has selected a 2 candidate pursuant to subsection [(2)] (3) of this section. 3 (2) This section applies only if the architectural, engineering or land surveying services 4 contract is issued by a state contracting agency and does not ,apply to any such contract is- 5 sued by a local contracting agency unless the following conditions apply: 6 (a) The local contracting agency receives moneys from the State Highway Fund under 7 ORS 366.762 or 366.800 or a grant or loan from the state that will be used to pay for any 8 portion of the design and construction of the project; 9 (b) The total amount of any grants, loans or moneys from the State Highway Fund and 10 from the state for the project exceeds 10 percent of the value of the project; and 11 (c) The value of the project exceeds $900,000. 12 [(2)] (3) Subject to the requirements of [subsection (1)] subsections (1) and (2) of this section, 13 the procedures that a contracting agency creates for the screening and selection of consultants and 14 the selection of a candidate under this section shall be within the sole discretion of the contracting 15 agency and may be adjusted to accommodate the contracting agency's scope, schedule and budget 16 objectives for a particular project. Adjustments to accommodate a contracting agency's objectives 17 may include provision for the direct appointment of a consultant if the value of the project does not 18 exceed a threshold amount as determined by the contracting agency. Screening and selection pro- 19 cedures may include a consideration of each candidate's: 20 (a) Specialized experience, capabilities and technical competence that may be demonstrated by 21 the proposed approach and methodology to meet the project requirements; 22 (b) Resources available to perform the work and the proportion of the candidate staff's time that 23 would be spent on the project, including any specialized services, within the applicable time limits; 24 (c) Record of past performance, including but not limited to price and cost data from previous 25 projects, quality of work, ability to meet schedules, cost control and contract administration; 26 (d) Ownership status and employment practices regarding minority, women and emerging small 27 businesses or historically underutilized businesses; 28 (e) Availability to the project locale; 29 (f) Familiarity with the project locale; and 30 (g) Proposed project management techniques. 31 [(3)] (4) If the screening and selection procedures created by a contracting agency under sub- 32 section [(2)] (3) of this section result in the determination by the contracting agency that two or 33 more candidates are equally qualified, the contracting agency may select a candidate through any 34 process adopted by the contracting agency. 35 [(4)] (5) The contracting agency and the selected candidate shall mutually discuss and refine the 36 scope of services for the project and shall negotiate conditions, including but not limited to com- 37 pensation level and performance schedule, based on the scope of services. The compensation level 38 paid must be reasonable and fair to the contracting agency as determined solely by the contracting 39 agency. Authority to negotiate a contract under this section does not supersede any provision of 40 ORS 279A.140 or 279C.520. 41 [(5)] (6) If the contracting agency and the selected candidate are unable for any reason to ne- 42 gotiate a contract at a compensation level that is reasonable and fair to the contracting agency, the 43 contracting agency shall, either orally or in writing, formally terminate negotiations with the se- 44 lected candidate. The contracting agency may then negotiate with another candidate. The negoti- 45 ation process may continue in this manner through successive candidates until an agreement is [3]