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Architectural and Engineering Procurement

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:

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:

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: