1. (1) The department may base its selection of a consultant for direct award on any information available to the department prior to beginning the direct award procedure for the project.

2. (2) The department may enter into a contract directly with a consultant without following the selection procedures set forth elsewhere in these rules if:

   1. (a) Emergency. The department finds that an emergency exists; or
   2. (b) Small Estimated Fee. The estimated fee to be paid under the contract does not exceed $100,000.
3. (3) The department may select a consultant offering the required services that the department reasonably can identify under the circumstances for a contract under this rule.
4. (4) As part of the department’s assessment of the qualifications of any consultant being considered for award of a contract, the department can, at any time before entering into a contract, consider information pertaining to whether the consultant owes a liquidated and delinquent debt to the state of Oregon.

5. (5) The department shall negotiate with a consultant to discuss, refine and finalize the following:

   1. (a) The specific scope of services to be provided by the consultant;
   2. (b) The consultant's performance obligations and performance schedule;
   3. (c) Payment methodology, consultant’s rates and number of hours, and a maximum amount payable to the consultant for the services required under the contract that is fair and reasonable to the department, as determined solely by the department, taking into account the value, scope, complexity and nature of the services; and
   4. (d) Any other conditions or provisions the department believes to be in the department's best interest to negotiate.

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