1. (1) The department may establish price agreements for architectural, engineering, photogrammetric mapping, transportation planning or land surveying services or related services, when the department cannot determine the precise quantities of those services which the department will require over a specified time period.
2. (2) When establishing price agreements, the department shall select no fewer than three consultants, when feasible. The selection procedures for establishing price agreements shall be in accordance with the selection procedures outlined in the solicitation document, or if not defined, in accordance with the Formal Selection Procedure in OAR 736-148-220. The department may select a single consultant, when a price agreement is awarded to obtain services for a specific Project or a closely-related group of Projects.

3. (3) In addition to any other applicable solicitation requirements set forth in these Division 148 rules, solicitation materials and the terms and conditions for a price agreement for architectural, engineering, photogrammetric mapping, transportation planning or land surveying services or related services must:

   1. (a) Include a scope of services, menu of services, a specification for services or a similar description of the nature, general scope, complexity and purpose of the procurement that will reasonably enable a prospective bidder or proposer to decide whether to submit a bid or proposal;
   2. (b) Specify whether the department intends to award a price agreement to one consultant or to multiple consultants. If the department will award a price agreement to more than one consultant, the solicitation document and price agreement shall describe the criteria and procedures the department will use to select a consultant for each individual work order or task order. The criteria and procedures to assign work orders or task orders may be based solely on the qualifications of the consultants, solely on pricing information, or a combination of both qualifications and pricing information; and
   3. (c) Specify the maximum term for assigning services under the price agreement.

4. (4) All services assigned under a price agreement require a written work order or task order issued by the department. Any work orders or task orders assigned under a price agreement must include, at a minimum, 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) The payment methodology, consultant’s rates and number of hours, and a maximum amount payable to the consultant for the services required under the work order or task order that is in accordance with the terms of the Price Agreement, fair and reasonable to the department, as determined solely by the department, taking into account the value, scope, complexity and nature of the services;
   4. (d) Language that incorporates all applicable terms and conditions of the price agreement into the work order or task order; and
   5. (e) Any other conditions or provisions the department believes to be in the department's best interest.

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