1. (1) The department may use the intermediate selection procedure to obtain a contract if the estimated fee is expected to be greater than $100,000 but not to exceed $500,000.

2. (2) The department using the intermediate selection procedure for services, on the basis of price and qualifications shall:

   1. (a) Create a request for proposals (“RFP”) that includes at a minimum the following:

      1. (A) A description of the project for which a consultant's services are needed and a description of the services that will be required under the resulting contract;
      2. (B) The anticipated contract performance schedule;
      3. (C) Conditions or limitations, if any, that may constrain or prohibit the selected consultant's ability to provide additional services related to the project, including construction services;
      4. (D) The date and time proposals are due and other directions for submitting proposals;

      5. (E) Criteria upon which the most qualified consultant will be selected. Selection criteria may include, but are not limited to, the following:

         1. (i) The amount and type of resources and number of experienced staff the consultant has committed to perform the services described in the RFP within the applicable time limits, including the current and projected workloads of such staff and the proportion of time such staff would have available for the services;
         2. (ii) Proposed management techniques for the services described in the RFP;
         3. (iii) A consultant's capability, experience and past performance history and record in providing similar services, including but not limited to quality of work, ability to meet schedules, cost control methods and contract administration practices;
         4. (iv) A consultant's approach to the services described in the RFP and design philosophy, if applicable;
         5. (v) A Consultant's geographic proximity to and familiarity with the physical location of the project;
         6. (vi) Volume of work, if any, previously awarded to a consultant, with the objective of effecting equitable distribution of contracts among qualified consultants, provided such distribution does not violate the principle of selecting the most qualified consultant for the type of professional services required;
         7. (vii) A consultant's ownership status and employment practices regarding women, minorities and emerging small businesses or historically underutilized businesses;
         8. (viii) Whether the consultant owes a liquidated and delinquent debt to the state of Oregon; and
         9. (ix) Pricing proposals or other pricing information, including the number of hours proposed for the services required, expenses, hourly rates and overhead.
      6. (F) A statement that proposers responding to the RFP do so solely at their expense, and the department is not responsible for any proposer expenses associated with the RFP;
      7. (G) A statement directing proposers to the protest procedures set forth in these Division 148 rules; and
      8. (H) A sample form of the contract.
   2. (b) Provide an RFP to a minimum of three (3) prospective consultants. If fewer than three (3) prospective consultants are available, the department shall provide the RFP to all available prospective consultants and shall maintain a written record of the department’s efforts to locate available prospective consultants for the RFP. The department may solicit proposals from consultants that the department can identify that offer the desired services.
   3. (c) Review and rank all proposals received according to the criteria set forth in the RFP and select the highest ranked proposer.

3. (3) If the department does not cancel the RFP after it reviews the proposals and ranks each proposer, the department will begin negotiating a contract with the highest ranked proposer. The department shall direct contract negotiations toward discussing, refining and finalizing 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.
4. (4) The department shall, in writing, formally terminate negotiations with the highest ranked proposer, if the department and the proposer are unable for any reason to reach agreement on a contract within a reasonable amount of time. The department may thereafter negotiate with the second ranked proposer, and if necessary, with the third ranked proposer, in accordance with section (3) of this rule, until negotiations result in a contract. If negotiations with any of the top three proposers do not result in a contract within a reasonable amount of time, the department may end the particular intermediate solicitation and thereafter may proceed with a new Intermediate solicitation under this rule or proceed with formal selection procedure.
5. (5) The department shall terminate the intermediate selection procedure and proceed with the formal selection procedure if the scope of the anticipated contract is revised during negotiations so that the estimated fee will exceed $500,000.

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