Oregon procurement manual

What is an Architectural and Engineering procurement?

An Architectural and Engineering (A&E) procurement encompasses a broad range of construction-related professional services procurement types, including:
  • Architectural – services by an individual qualified and registered to practice architecture in Oregon, a consulting architect or a foreign architect.
  • Engineering –services by an individual who is registered and holds a valid certificate to practice engineering in the state.
  • Photogrammetric mapping – services by an individual, who is registered and certified to practice evaluation and measurement of land by using photogrammetric methods or similar remote sensing technology to determine the topography, area, contours and location of planimetric features.
  • Transportation planning – project-specific transportation planning services involved in the preparation of categorical exclusions, environmental assessments, environmental impact statements and other documents required for compliance with Public Law 42 USC 4321 (National Environmental Policy Act).
  • Land surveying services – services by an individual who is registered and holds a valid certificate to practice surveying in the state.
  • Related services – other personal services that are related to planning, designing, engineering or overseeing public improvement projects or components of public improvement projects, including but not limited to the following services:
    • landscape architecture.
    • facilities, energy or space planning.
    • hazardous substances, hazardous waste, toxic substances testing.
    • cost estimating or appraising.
    • material testing.
    • mechanical system balancing.
    • commissioning.
    • project management.
    • construction management.
    • owner’s representation.
    • land-use planning services.
Due to the professional nature of these services and the licensing requirements of the professions, A&E procurements require a special process for acquiring services.

When to use an A&E procurement

An agency is required to use the A&E procurement process when it seeks to procure personal services from a provider of any of the professions specified above.

If the procurement need is a combination of products and professional or consultant services, an agency must select the procurement process that is determined by the majority of the need.
  • A&E:
    • direct appointment.
    • informal selection.
    • formal selection.
  • Related Services:
    • qualification only.
    • price competition only.
    • price and qualifications.
  • Products or Non-Professional Services:
    • use buy decision to determine most appropriate procurement method.
Two specific types of contracts, agreements to agree and design-build require the use of special contract processes.

Note: If an agency cannot determine the precise quantities of A&E or other related professional services that will be required over a specific time period, it may establish price agreements for those services. In this circumstance, the agency must select a minimum of three consultants when feasible. If the price agreement is established to obtain services for a specific project or a closely related group of projects, the agency may select a single consultant (refer to OAR 137-048-0130).

How to process an A&E procurement

To conduct an A&E procurement, excluding the Related Services category, an agency must follow one of the three selection procedures below. Click on a procedure name to view the associated requirements and process:
An agency may use the Direct Appointment Procedure if the procurement need meets one of the following requirements:
  1. The procurement need is an Emergency.
  2. The total contract value is under $100,000.
  3. The procurement need is a continuation of an ongoing project that meets all of the following criteria:
    • the need is a similar service required for an ongoing project.
    • the Formal Selection Procedure was used for the original contract.
    • total contract value is under $250,000.
If the total contract value exceeds $250,000 for the continuation of an ongoing project, the agency may use the Direct Appointment Procedure if it documents in writing that the procurement process satisfies each of the following:
  • Promotes efficient use of public funds and resources and results in substantial cost savings to the procuring agency.
  • Protects the integrity of the public contracting process and the competitive nature of the procurement by not encouraging favoritism or substantially diminishing competition in the award of the contract.
If the procurement need does not meet one of these requirements, the agency must use the Informal or Formal Selection Procedure to conduct its procurement. 

If the procurement need meets one of these requirements, the agency may use the Direct Appointment Procedure described in the following table:

​Process ​Description
Select service provider
​Select service provider from any of the following sources:
  • The agency's list of service providers.
  • Another agency's list of service providers with written approval from the other agency to use the list.
  • All service providers offering the required services that the agency can identify.
Negotiate agreement ​Directly negotiate with the selected service provider to reach agreement on:
  • Project requirements.
  • Project schedule.
  • Payment method.
  • A not-to-exceed for the services to be provided.
  • Any additional contract provisions, terms, or conditions required.
​Document negotiated agreement ​Document in writing the negotiated agreement and execute a contract with the service provider.
Conduct legal sufficiency review ​If the value of the contract exceeds $150,000, the agency must submit the final negotiated contract to the Attorney General for the required legal sufficiency review.
If the total contract value of the procurement need is over $100,000 but does not exceed $250,000, the agency may use the Informal Selection Procedure described in the following table:

​Process ​Description
​Develop RFP ​Develop the RFP. Refer to OAR 137-048-0210(2a) for the minimum requirements of an RFP.
Provide RFP to service providers
  1. ​Provide to a minimum of five service providers.
    • If the value of the contract is under $150,000, the agency is only required to send RFP to a minimum of three service providers.
    • If the agency cannot identify the minimum number of required service providers to provide an RFP, the agency must send the RFP document to all identified service providers and document its efforts to identify appropriate service providers.
  2. The agency can select the service provider from:
    • The agency's list of service providers.
    • Another agency's list of service providers with written approval from the other agency to use the list.
    • All service providers offering the required services that the agency can identify.
Evaluate and rank
  1. ​Evaluate proposals received.
  2. Rank respondents based on evaluation scores.
  3. Select the three highest ranked proposers.
​Negotiate agreement
  1. ​Enter into direct negotiations with highest ranked proposer to reach agreement on:
    • Project requirements.
    • Project schedule.
    • Payment method.
    • A not-to-exceed cost for the services to be provided.
    • Any additional contract provisions, terms, or conditions required.
  2. If unable to reach a negotiated agreement:
    • Terminate negotiations in writing with highest ranked proposer.
    • Negotiate with second ranked provider.
    • Repeat as required with third provider.
  3. If unable to reach agreement with all three service providers:
    • End current procurement
    • Cancel current procurement.
    • Repeat procurement process using new requirements or new service providers.
    • Use the formal selection procedure.
Conduct legal sufficiency review ​If the value of the contract exceeds $150,000, the agency must submit the final negotiated contract to the Attorney General for the required legal sufficiency review.
If an agency is unable to use the Direct Appointment or Informal Selection Procedure, it must use the Formal Selection Procedure. The Formal Selection Procedure encompasses two process options that involve either the issuance of an RFP alone or the combined issuance of a Request for Qualifications (RFQ) and RFP:
  1. RFP Only – The agency issues an RFP to evaluate, rank and identify the service provider, with whom the agency will directly negotiate.
  2. RFQ to RFP – The agency issues an RFQ to qualify a short list of service providers who will receive an RFP, which will be used to evaluate, rank and identify the service provider, with whom the agency will directly negotiate.
Resource: Use the DAS Procurement Services A&E Contract Template and Services Amendment Template which are approved by the Attorney General's office. An agency should review the contract and amendment template at least every two years. If a review results in revisions, the designated procurement officer must approve the revisions and the Attorney General must determine legal sufficiency.


The following tables describe the process for each of Formal Selection Procedures: 


RFP only
​Process ​Description
Develop RFP ​Develop the RFP. Refer to OAR 137-048-0220(4a) for the minimum requirements of an RFP.
​Post RFP ​Post the RFP for a minimum of 14 days before closing date.
Note: Advertisement must be posted at least once in at least one newspaper of general circulation in the area where the project is located and in as many other issues and publications as may be necessary or desirable to achieve adequate competition. Other issues and publications may include, but are not limited to:
  • Local newspapers.
  • Trade journals.
  • Publications targeted to reach disadvantaged business enterprise, service-disabled veteran business, minority business enterprise, women business enterprise, and emerging small business enterprise audiences.
  • The agency may also send notice of the RFP to consultants on the agency's list of service providers.
Evaluate and rank
  1. ​Establish and evaluation committee of no fewer than three people to evaluate proposals received.
  2. Score the responses based on the qualification criteria in the RFP and rank respondents based on scores.
​Negotiate agreement
  1. ​Enter into direct negotiations with highest ranked proposer to reach agreement on:
    • Project requirements.
    • Project schedule.
    • Payment method.
    • A not-to-exceed cost for the services to be provided.
    • Any additional contract provisions, terms, or conditions required.
  2. If unable to reach a negotiated agreement:
    • Terminate negotiations in writing with highest ranked proposer.
    • Negotiate with second ranked provider.
    • Repeat as required with third provider.
  3. If unable to reach agreement with all three service providers:
    • End current procurement.
    • Cancel current procurement.
    • Repeat procurement process using new requirements or new service providers.

RFQ to RFP

​Process ​Description
Develop RFQ Develop the RFQ. Refer to OAR 137-048-0220(3a)-(3b) for the minimum requirements for an RFQ.
Post RFQ Post the RFQ for a minimum of 14 days before closing date.

Note: Advertisement must be posted at least once in at least one newspaper of general circulation in the area where the project is located and in as many other issues and publications as may be necessary or desirable to achieve adequate competition. Other issues and publications may include, but are not limited to:
  • Local newspapers.
  • Trade journals.
  • Publications targeted to reach disadvantaged business enterprise, service-disabled veteran business, minority business enterprise, women business enterprise and emerging small business enterprise audiences.
The agency may also send notice of the RFQ to consultants on the agency’s list of service providers.



Evaluate and rank
  1. ​Establish an evaluation committee of no fewer than two people.
  2. Score the responses based on the qualification criteria in the RFQ and rank respondents based on scores.
  3. Develop a short list of no fewer than three respondents based on criteria detailed in the RFP. Examples include:
    • Threshold score.
    • Predetermined number of ranked respondents.
    • Critical qualifying elements as defined in the RFQ.
  4. If fewer than three respondents qualify, the agency must document the reasons for this or it must cancel the RFQ and proceed with an RFP only.

Note: no service provider may be on the short list if a member of that providers firm is a member of the evaluation committee.

​Develop RFP ​Develop the RFP. Refer to OAR 137-048-0220(4a) for the minimum requirements of an RFP.
Provide RFP to service providers ​Provide the RFP to service providers on the short list.
Evaluate and rank
  1. ​Establish and evaluation committee of no fewer than three people to evaluate proposals received.
  2. Score the responses based on the qualification criteria in the RFP and rank respondents based on scores.
Negotiate agreement
  1. ​Enter into direct negotiations with highest ranked proposer to reach agreement on:
    • Project requirements.
    • Project schedule.
    • Payment method.
    • A not-to-exceed cost for the services to be provided.
    • Any additional contract provisions, terms, or conditions required.
  2. If unable to reach a negotiated agreement:
    • Terminate negotiations in writing with highest ranked proposer.
    • Negotiate with second ranked provider.
    • Repeat as required with third provider.
  3. If unable to reach agreement with all three service providers:
    • End current procurement.
    • Cancel current procurement.
    • Repeat procurement process using new requirements or new service providers.

How to process a Related Services procurement

An agency has five selection procedures available when procuring other Related Services from service providers identified in this category. Click on a procedure name to view the associated requirements and process:
An agency may use the Direct Appointment Procedure if the procurement need meets one of the following requirements:
  1. The procurement need is an Emergency.
  2. The total contract value is under $100,000.
  3. The procurement need is a continuation of an ongoing project that meets all of the following criteria:
    • The need is a similar service required for an ongoing project.
    • The Formal Selection Procedure was used for the original contract.
    • Total contract value is under $250,000.
If the total contract value exceeds $250,000 for the continuation of an ongoing project, the agency may use the Direct Appointment Procedure if it documents in writing that the procurement process satisfies each of the following:
  • promotes efficient use of public funds and resources and results in substantial cost savings to the procuring agency.
  • protects the integrity of the public contracting process and the competitive nature of the procurement by not encouraging favoritism or substantially diminishing competition in the award of the contract.
If the procurement need does not meet one of these requirements, the agency must use the Informal or Formal Selection Procedure to execute its procurement. 

If the procurement need meets one of these requirements, the agency may use the Direct Appointment Procedure described in the following table:

​Process ​Description
​Select service provider
​Select service provider from any of the following sources:
  • The agency's list of service providers.
  • Another agency's list of service providers with written approval from the other agency to use the list.
  • All service providers offering the required services that the agency can identify.
Negotiate agreement ​Directly negotiate with the selected service provider to reach agreement on:
  • Project requirements.
  • Project schedule.
  • Payment method.
  • A not-to-exceed for the services to be provided.
  • Any additional contract provisions, terms, or conditions required.
​Document negotiated agreement ​Document in writing the negotiated agreement and execute a contract with the service provider.
Conduct legal sufficiency review ​If the value of the contract exceeds $150,000, the agency must submit the final negotiated contract to the Attorney General for the required legal sufficiency review.
If the total contract value of the procurement need is over $100,000 but does not exceed $250,000, the agency may use the Informal Selection Procedure described in the following table:

​Process ​Description
Develop RFP ​Develop the RFP. Refer to OAR 137-048-0210(2a) for the minimum requirements of an RFP.
​Provide RFP to service providers
  1. ​Provide to a minimum of five service providers.
    • If the value of the contract is under $150,000, the agency is only required to send RFP to a minimum of three service providers.
    • If the agency cannot identify the minimum number of required service providers to provide an RFP, the agency must send the RFP document to all identified service providers and document its efforts to identify appropriate service providers.
  2. The agency can select the service provider from:
    • The agency's list of service providers.
    • Another agency's list of service providers with written approval from the other agency to use the list.
    • All service providers offering the required services that the agency can identify.
​Evaluate and rank
  1. ​Evaluate proposals received.
  2. Rank respondents based on evaluation scores.
  3. Select the three highest ranked proposers.
​Negotiate agreement
  1. ​Enter into direct negotiations with highest ranked proposer to reach agreement on:
    • Project requirements.
    • Project schedule.
    • Payment method.
    • A not-to-exceed cost for the services to be provided.
    • Any additional contract provisions, terms, or conditions required.
  2. If unable to reach a negotiated agreement:
    • Terminate negotiations in writing with highest ranked proposer.
    • Negotiate with second ranked provider.
    • Repeat as required with third provider.
  3. If unable to reach agreement with all three service providers:
    • End current procurement
    • Cancel current procurement.
    • Repeat procurement process using new requirements or new service providers.
    • Use the formal selection procedure.
Conduct legal sufficiency review ​If the value of the contract exceeds $150,000, the agency must submit the final negotiated contract to the Attorney General for the required legal sufficiency review.
If the total contract value of the procurement need is over $100,000 but does not exceed $250,000, the agency may use the Informal Price Only Selection Procedure for a procurement that is limited to other Related Services. 

Process
​Description
​Develop RFP
​Develop the RFP. Refer to OAR 137-048-0210(3a) for the minimum requirements of an RFP.
Provide RFP to service providers
  1. ​Provide to a minimum of five service providers.
    • If the value of the contract is under $150,000, the agency may send the RFP to a minimum of three service providers.
    • If the agency cannot identify the minimum number of required service providers to provide an RFP, the agency must send the RFP document to all identified service providers and document its efforts to identify appropriate service providers.
  2. Select the service provider from:
    • The agency's list of service providers.
    • Another agency's list of service providers with written approval from the other agency to use the list.
    • All service providers offering the required services that the agency can identify.
​Evaluate and rank
  1. ​Evaluate proposals received.
  2. Rank respondents based on the total price of the services and other pricing information requested in the RFP.
  3. Select three highest ranked proposers.
Negotiate agreement
  1. ​Enter into direct negotiations with highest ranked proposer to reach agreement on:
    • Project requirements.
    • Project schedule.
    • Payment method.
    • A not-to-exceed cost for the services to be provided.
    • Any additional contract provisions, terms, or conditions required.
  2. If unable to reach a negotiated agreement:
    • Terminate negotiations in writing with highest ranked proposer.
    • Negotiate with second ranked provider.
    • Repeat as required with third provider.
  3. If unable to reach agreement with all three service providers:
    • End current procurement.
    • Cancel current procurement.
    • Repeat procurement process using new requirements or new service providers.
    • Use the Formal Selection procedure.
Legal sufficiency review ​If the value of the contract exceeds $150,000, the agency must submit the final negotiated contract to the Attorney General for the required legal sufficiency review.
If an agency is unable to use the Direct Appointment or Informal Selection Procedure, it must use the Formal Selection Procedure. The Formal Selection Procedure encompasses two process options that involve either the issuance of an RFP alone or the combined issuance of a Request for Qualifications (RFQ) and RFP:
  1. RFP Only – The agency issues an RFP to evaluate, rank and identify the service provider, with whom the agency will directly negotiate.
  2. RFQ to RFP – The agency issues an RFQ to qualify a short list of service providers who will receive an RFP, which will be used to evaluate, rank and identify the service provider, with whom the agency will directly negotiate.
Resource: Use the DAS Procurement Services A&E Contract Template and Services Amendment Template which are approved by the Attorney General's office. An agency should review the contract and amendment template at least every two years. If a review results in revisions, the designated procurement officer must approve the revisions and the Attorney General must determine legal sufficiency.


The following tables describe the process for each of Formal Selection Procedures:

RFP only
​Process ​Description
Develop RFP Develop the RFP. Refer to OAR 137-048-0220(4a) for the minimum requirements of an RFP.
​Post RFP Post the RFP for a minimum of 14 days before closing date.
Note: Advertisement must be posted at least once in at least one newspaper of general circulation in the area where the project is located and in as many other issues and publications as may be necessary or desirable to achieve adequate competition. Other issues and publications may include, but are not limited to:
  • Local newspapers.
  • Trade journals.
  • Publications targeted to reach disadvantaged business enterprise, service-disabled veteran business, minority business enterprise, women business enterprise, and emerging small business enterprise audiences.
  • The agency may also send notice of the RFP to consultants on the agency's list of service providers.
​Evaluate and rank
  1. ​Establish and evaluation committee of no fewer than three people to evaluate proposals received.
  2. Score the responses based on the qualification criteria in the RFP and rank respondents based on scores.
​Negotiate agreement
  1. ​Enter into direct negotiations with highest ranked proposer to reach agreement on:
    • Project requirements.
    • Project schedule.
    • Payment method.
    • A not-to-exceed cost for the services to be provided.
    • Any additional contract provisions, terms, or conditions required.
  2. If unable to reach a negotiated agreement:
    • Terminate negotiations in writing with highest ranked proposer.
    • Negotiate with second ranked provider.
    • Repeat as required with third provider.
  3. If unable to reach agreement with all three service providers:
    • End current procurement.
    • Cancel current procurement.
    • Repeat procurement process using new requirements or new service providers.

RFQ to RFP
​Process ​Description
Develop RFQ Develop the RFQ. Refer to OAR 137-048-0220(3a)-(3b) for the minimum requirements for an RFQ.
​Post RFQ ​Post the RFQ for a minimum of 14 days before closing date.
Note: Advertisement must be posted at least once in at least one newspaper of general circulation in the area where the project is located and in as many other issues and publications as may be necessary or desirable to achieve adequate competition. Other issues and publications may include, but are not limited to:
  • Local newspapers.
  • Trade journals.
  • Publications targeted to reach disadvantaged business enterprise, service-disabled veteran business, minority business enterprise, women business enterprise, and emerging small business enterprise audiences.
  • The agency may also send notice of the RFQ to consultants on the agency's list of service providers.
​Evaluate and rank
  1. ​Establish an evaluation committee of no fewer than two people.
  2. Score the responses based on the qualification criteria in the RFQ and rank respondents based on scores.
  3. Develop a short list of no fewer than three respondents based on criteria detailed in the RFP. Examples include:
    • Threshold score.
    • Predetermined number of ranked respondents.
    • Critical qualifying elements as defined in the RFQ.
  4. If fewer than three respondents qualify, the agency must document the reasons for this or it must cancel the RFQ and proceed with an RFP only.

Note: no service provider may be on the short list if a member of that providers firm is a member of the evaluation team.

​Develop RFP ​Develop the RFP. Refer to OAR 137-048-0220(4a) for the minimum requirements of an RFP.
Provide RFP to service providers ​Provide the RFP to service providers on the short list.
​Evaluate and rank
  1. ​Establish and evaluation committee of no fewer than three people to evaluate proposals received.
  2. Score the responses based on the qualification criteria in the RFP and rank respondents based on scores.
​Negotiate agreement
  1. ​Enter into direct negotiations with highest ranked proposer to reach agreement on:
    • Project requirements.
    • Project schedule.
    • Payment method.
    • A not-to-exceed cost for the services to be provided.
    • Any additional contract provisions, terms, or conditions required.
  2. If unable to reach a negotiated agreement:
    • Terminate negotiations in writing with highest ranked proposer.
    • Negotiate with second ranked provider.
    • Repeat as required with third provider.
  3. If unable to reach agreement with all three service providers:
    • End current procurement.
    • Cancel current procurement.
    • Repeat procurement process using new requirements or new service providers.
If the total contract value of the procurement need is over $250,000, the agency may use the Formal Price Only Selection procedure for a procurement that is limited to Other Related Services.

​Process ​Description
Develop RFP ​Develop the RFP. Refer to OAR 137-048-0220(4b) for the minimum requirements of an RFP.
​Post RFP ​Post the RFP for a minimum of 14 days before closing date.
Note: Advertisement must be posted at least once in at least one newspaper of general circulation in the area where the project is located and in as many other issues and publications as may be necessary or desirable to achieve adequate competition. Other issues and publications may include, but are not limited to:
  • Local newspapers.
  • Trade journals.
  • Publications targeted to reach disadvantaged business enterprise, service-disabled veteran business, minority business enterprise, women business enterprise, and emerging small business enterprise audiences.
  • The agency may also send notice of the RFP to consultants on the agency's list of service providers.
Evaluate and rank
  1. ​Establish and evaluation committee of no fewer than three people to evaluate proposals received.
  2. Score the responses based on the qualification criteria in the RFP and rank respondents based on scores.
Negotiate agreement
  1. ​Enter into direct negotiations with highest ranked proposer to reach agreement on:
    • Project requirements.
    • Project schedule.
    • Payment method.
    • A not-to-exceed cost for the services to be provided.
    • Any additional contract provisions, terms, or conditions required.
  2. If unable to reach a negotiated agreement:
    • Terminate negotiations in writing with highest ranked proposer.
    • Negotiate with second ranked provider.
    • Repeat as required with third provider.
  3. If unable to reach agreement with all three service providers:
    • End current procurement.
    • Cancel current procurement.
    • Repeat procurement process using new requirements or new service providers.

Contract type, payment and procurement limitations

The following limitations exist on contract types based upon certain payment methodologies. Unless otherwise provided by law, A&E services contracts must not include compensation provisions that expressly provide for:
  • payment of a consultant's costs under the contract plus a percentage of those costs.
  • payment of a percentage of the project construction costs or total project costs.
  • “time and materials" contracts with no maximum amount payable to the consultant.
An agency should not purchase building materials, supplies or equipment from a consultant under contract to provide A&E services. There are several exceptions to this prohibition:
  1. an Emergency procurement is required.
  2. the consultant is providing services under a design-build or energy savings performance contract.
  3. the consultant was awarded the portion of the contract relating to acquisition of materials, supplies and equipment pursuant to applicable law.
 

Amendments and protests

Read the full sections on each of these subjects to learn more about requirements and how to process: