In addition to the definitions set forth in OAR 736-146-0012, the following definitions apply to these Division 148 rules:
- (1) “Award” means the decision of the department to enter into a contract with any person.
- (2) "Consultant" means an architect, engineer, photogrammetrist, transportation planner, land surveyor or provider of related services. A consultant includes a business entity that employs architects, engineers, photogrammetrists, transportation planners, land surveyors or providers of related services, or any combination of the foregoing.
(3) “Electronic Advertisement” means the department’s solicitation document inviting participation in the department’s procurements made available over the internet via:
- (a) The department’s website or
- (b) The department’s electronic procurement system.
- (c) The State’s electronic procurement system.
- (4) "Estimated Fee" means the department's reasonably projected fee to be paid for a consultant's services under the anticipated contract, excluding all anticipated reimbursable or other non-professional fee expenses. The estimated fee is used solely to determine the applicable contract solicitation method and is distinct from the total amount payable under the contract.
- (5) "Formal Selection Procedure," means the process of selection of a consultant to provide architectural, engineering, photogrammetric mapping, transportation planning or land surveying services, or related services for a formal procurement as defined in 736-146-0012.
- (6) "Intermediate Selection Procedure," means the process of selection of a consultant to provide architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, or Related Services for an Intermediate Procurement as defined in 736-146-0012.
- (7) “Public contract” means a sale or other disposal, or a purchase, lease, rental or other acquisition, by a contracting agency of personal property, services, including personal services, public improvements, public works, minor alterations, or ordinary repair or maintenance necessary to preserve a public improvement. “Public contract” does not include grants.
(8) "Price Agreement," for purposes of this division, means an agreement related to the procurement of architectural, engineering, photogrammetric mapping, transportation planning or land surveying services, or related services, under agreed-upon terms and conditions, including, but not limited to terms and conditions of later work orders, task orders, purchase order or similar written ordering instrument as prescribed by the agreement, and which may include Consultant compensation at a set price or at a price established using a method prescribed by the agreement with either:
- (a) No guarantee of a minimum or maximum purchase; or
- (b) An initial work order, task order or minimum purchase, combined with a continuing consultant obligation to provide services in which the department does not guarantee a minimum or maximum additional purchase.
- (9) "Project" means all components of the department's planned undertaking that gives rise to the need for a consultant's architectural, engineering, photogrammetric mapping, transportation planning or land surveying services, or related services, under a contract.
- (10) “Proposal” means a written response to a request for proposals.
- (11) “Related services” means personal services, other than architectural, engineering, photogrammetric mapping, transportation planning or land surveying services, that are related to planning, designing, engineering or overseeing public improvement projects or components of public improvement projects, including but not limited to landscape architectural services, facilities planning services, energy planning services, space planning services, hazardous substances or hazardous waste or toxic substances testing services, cost estimating services, appraising services, material testing services, mechanical system balancing services, commissioning services, project management services, construction management services and owner’s representation services or land-use planning services.
- (12) “Request for Proposal” or “RFP” means a written document the department issues requesting proposals, which the department intends to evaluate and score according to the processes and scored selection criteria described in the request for proposals, with the intent to enter into a contract(s) with the responsive and responsible offeror(s) whose written response(s) either receives the highest score or presents the best value to the state of Oregon, or both.
- (13) “Request for Qualifications” or “RFQ” means a written document issued by the department to which contractors respond in writing by describing their experience with and qualifications for the services, personal services or architectural, engineering or land surveying services, or related services, described in the document.
- (14) “Services” for purposes of this division, means architectural, engineering, photogrammetric mapping, transportation planning or land surveying services or related services solicited or contracted through these rules.
- (15) “Solicitation Document” means an invitation to bid, request for proposals, request for quotes, or other similar document issued to invite offers from prospective contractors or consultants. The following are not solicitation documents unless they invite offers from prospective contractors: a request for qualifications, a prequalification of bidders, a request for information, a sole source notice, an approval of a special procurement, or a request for product prequalification. A project-specific selection document under a price agreement that has resulted from a previous solicitation document is not itself a solicitation document.
- (16) “Statement of Qualifications” means a written response to a request for qualifications.
- (17) "Transportation Planning Services" include only project-specific transportation planning involved in the preparation of categorical exclusions, environmental assessments, environmental impact statements and other documents required for compliance with the National Environmental Policy Act, 42 USC 4321 et. seq.
Statutory/Other Authority
ORS 279.025(3)(k)
Statutes/Other Implemented
ORS 279.025(3)(k)
History
PRD 2-2026, temporary adopt filed 04/23/2026, effective 04/24/2026 through 10/19/2026