Oregon Administrative Code

731-005-0460 Eligibility to Bid on Construction or Landscape Contracts (1) Construction Contracts. ODOT shall not consider an Entity's Offer to do Work as a Contractor, as defined in ORS 701.005(2), unless the Entity has a current, valid certificate of registration issued by the …

731-005-0470 Solicitation Documents The Solicitation Documents shall include the following: (1) General Information: (a) Notice of any pre-Bid conference as follows: (A) The time, date and location of any pre-Bid conference; (B) Whether attendance at the conference will be mandat…

731-005-0480 Brand Name Products (1) Generally. ODOT's Solicitation Document shall not expressly or implicitly require any product by brand name or mark, nor shall it require the product of any particular manufacturer or seller, except pursuant to an exemption granted under ORS 2…

731-005-0490 Bids Are Offers (1) Offer and Acceptance. The Bid is the Bidder's Offer to enter into a Contract. The Offer is a "Firm Offer," i.e., the Offer shall be held open by the Offeror for ODOT's acceptance for the period specified in OAR 731-005-0630. ODOT's award of the Co…

731-005-0505 Electronic Procurement (1) General. ODOT may use Electronic Advertisement of Highway Construction Contracts in accordance with ORS 279C.360, provided that advertisements of such Contracts with an estimated Contract Price in excess of $125,000 are also published in a …

731-005-0510 Use of Electronic Data Interchange (1) Agency Authorization. ODOT may authorize Offerors to submit EDI Offers. If ODOT determines that Bid security is or will be required, ODOT should not authorize EDI Offers unless ODOT has a method for receipt of such security. Pri…

731-005-0520 Notice and Advertising Requirements; Posting (1) Notice. ODOT shall furnish notice as set forth in subsections (a) through (c) of this section, to a number of Persons sufficient for the purpose of fostering and promoting competition. The notice shall indicate where, …

731-005-0530 Offer Preparation (1) Instructions. An Offeror shall submit and Sign its Offer in accordance with the Solicitation Document. An Offeror shall initial and submit any correction or erasure to its Offer prior to the Opening in accordance with the requirements for submit…

731-005-0540 Offeror Submissions (1) Product Samples and Descriptive Literature. ODOT may require Product Samples or Descriptive Literature if it is necessary or desirable to evaluate the quality, features or characteristics of the offered items. ODOT will dispose of Product Samp…

731-005-0550 Bid Security (1) Security Amount. If ODOT requires Bid security, it shall be 10% of the Offeror's Bid. ODOT shall not use Bid security to discourage competition. ODOT shall clearly state any Bid security requirements in its Solicitation Document. The Offeror shall fo…

731-005-0560 Pre-Bid Conferences (1) Purpose. ODOT may hold pre-Bid conferences with prospective Offerors prior to Closing, to explain the procurement requirements, obtain information, or to conduct site inspections. (2) Required Attendance. ODOT may require attendance at the pre…

731-005-0570 Solicitation Protest; Request for Change; Request for Clarification (1) Protest. (a) Delivery. An Offeror may protest Specifications or Contract terms and conditions. Unless otherwise specified in the Solicitation Document, an Offeror must deliver a Written protest t…

731-005-0580 Addenda to a Solicitation Document (1) Issuance; Receipt. ODOT may change a Solicitation Document only by Written Addenda. (2) Notice and Distribution. ODOT shall notify prospective Offerors of Addenda consistent with the standards of notice set forth in OAR 731-005-…

731-005-0590 Pre-Opening Modification or Withdrawal of Offers (1) Electronic Offers: Modifications or Withdrawals of Electronic Offers. Offeror may modify or withdraw an offer prior to closing time as instructed in the Solicitation documents. The most recent Offer will be the fin…

731-005-0600 Receipt, Opening, and Recording of Offers (1) Receipt. ODOT shall electronically or mechanically time-stamp or hand-mark each Offer and any modification upon receipt, or provide a self-time-stamping device for use by Offerors for these purposes. ODOT shall not open t…

731-005-0610 Late Offers, Late Withdrawals and Late Modifications Any Offer received after Closing is late. An Offeror's request for withdrawal or modification of an Offer received after Closing is late. ODOT shall not consider late Offers, withdrawals or modifications except as …

731-005-0620 Mistakes (1) General. To protect the integrity of the competitive solicitation process and to assure fair treatment of Offerors, ODOT shall carefully consider whether to permit waiver, correction or withdrawal for certain mistakes. (2) Agency Treatment of Mistakes. O…

731-005-0630 Time for Agency Acceptance An Offeror's Offer is a Firm Offer, irrevocable, valid and binding on the Offeror for not less than 30 Days from Closing unless otherwise specified in the Solicitation Document. Statutory/Other Authority: ORS 184.616, 184.619, 279A.050 & 27…

731-005-0640 Extension of Time for Acceptance of Offer ODOT may request, orally or in Writing, that Offerors extend, in Writing, the time during which ODOT may consider their Offer(s). If an Offeror agrees to such extension, the Offer shall continue as a Firm Offer, irrevocable, …

731-005-0650 Offer Evaluation and Award (1) General. A Highway Construction Contract, if awarded, shall be awarded to the Responsible Bidder submitting the lowest Responsive Bid, provided that such Entity is not listed by the Construction Contractors Board as disqualified to hold…

731-005-0660 Tie Offers (1) Definition. Tie Offers are low tie Responsive Bids from Responsible Bidders. (2) Award. If a Contract arising out of Tie Offers is awarded, ODOT shall award the Contract based on the following order of precedence: (a) For projects not involving federal…

731-005-0670 Rejection of an Offer (1) Rejection of an Offer. (a) ODOT may reject any Offer upon finding that to accept the Offer may impair the integrity of the procurement process or that rejecting the Offer is in the public interest. (b) ODOT shall reject an Offer upon ODOT’s …

731-005-0680 Rejection of All Offers (1) Rejection. ODOT may reject all Offers for good cause upon ODOT's Written finding it is in the public interest to do so. ODOT shall notify all Offerors of the rejection of all Offers, along with the good cause justification and finding. (2)…

731-005-0690 Protest of Contractor Selection, Contract Award (1) Purpose. An adversely affected Offeror must exhaust all avenues of administrative review and relief before seeking judicial review of ODOT's Contractor selection or Contract award decision. (2) Notice of Intent to A…

731-005-0700 Negotiation with Bidders ODOT shall not negotiate with any Bidder prior to award of Contract. After award of the Contract, ODOT and Contractor may only modify the Contract as specified in the Contract. Statutory/Other Authority: ORS 184.619, 279A.050 & 279A.065 Statu…

731-005-0710 Disqualification of an Entity (1) Authority. ODOT may disqualify an Entity from consideration of award of ODOT's Contracts after providing the Entity with notice and a reasonable opportunity to be heard in accordance with section (3) of this rule. (a) Standards for C…

731-005-0720 Cancellation of Solicitation (1) Cancellation in the Public Interest. ODOT may cancel a Solicitation for good cause if ODOT finds that cancellation is in the public interest. ODOT's reasons for cancellation shall be made part of the solicitation file. (2) Notice of C…

731-005-0730 Disposition of Offers if Solicitation Canceled (1) Prior to Opening. If ODOT cancels a Solicitation prior to Opening, ODOT will return each Offer it received to the Offeror unopened, provided the Offeror submitted its Offer in a hard copy format with a clearly visibl…

731-005-0740 Documentation of Award (1) Basis of Award. After award, ODOT shall make a record showing the basis for determining the successful Offeror part of ODOT's solicitation file. (2) Contents of Award Record. ODOT's record shall include: (a) Bids. (b) Completed Bid tabulati…

731-005-0750 Non-Resident Contractor If the Contract Amount exceeds $10,000 and the Contractor is a Non-Resident Contractor, the Contractor shall promptly report to the Oregon Department of Revenue on forms provided by the Department of Revenue, the Contract Amount, terms of paym…

731-005-0760 Availability of Award Decisions (1) Contract Documents. To the extent required, ODOT shall deliver to the successful Offeror, a Signed Contract document(s). (2) Notification to Unsuccessful Offerors. All contract award information, including tabulations of Bids award…

731-005-0770 Performance Security (1) Public Improvement Contracts. Unless ODOT waives the required performance and payment bonds under ORS 279C.380(4), or the director of the Department of Transportation exempts a Contract or classes of Contracts from the required performance bo…

731-005-0800 Clean Diesel Construction Standard (1) The Oregon Department of Transportation does not adopt any Oregon Department of Justice Division 049 rule related to diesel engine requirements pursuant to ORS 279C.537. The Oregon Department of Transportation has adopted OAR 73…

731-005-0900 Community Benefit Program (1) In addition to the definitions in ORS 279C.308, the following definitions apply to OAR 731-005-0900: (a) “Community workforce agreement” means an agreement executed by the ODOT Director or the Director’s designee and one or more labor or…

731-005-0910 Environmental Product Declarations (1) This rule describes ODOT’s requirements for environmental product declarations for covered materials permanently incorporated into ODOT’s construction or maintenance projects for the state’s transportation system, in accordance …

731-007-0500 Mandatory Contractor Prequalification (1) All bidders on public improvement projects procured pursuant to OAR, Chapter 731 Division 5, except for those that are procured through an Exempted Selection Method as set forth in OAR 731-005-0440(2), must be prequalified. (…

731-007-0520 Special Prequalification ODOT may require special prequalification of contractor in addition to the mandatory prequalification when the elements of a particular Public Improvement project require specialized knowledge or expertise. When contractor special prequalific…

731-007-0530 Prequalification Requirements (1) Prospective bidders who wish to become prequalified must apply and follow the application procedures set forth herein. Prequalification applications must be received at ODOT's address shown in the prequalification application at leas…

731-007-0540 Prequalification Approval If ODOT finds that the applicant is qualified, ODOT will issue a notice stating the nature and type of contracts for which the prospective contractor may submit a bid and the period of time for which the qualification is valid. Applicants sh…

731-007-0550 Waiving Prequalification Requirements Prequalification requirements for contracts may be waived by the Highway Division Administrator or Chief Engineer under the following circumstances: (1) In the case of an emergency; (2) If finding that special circumstances exist…

731-007-0560 Disqualification, Revocation or Suspension (1) If ODOT disqualifies, revokes, or suspends a prequalification, ODOT shall issue a written decision to disqualify which shall: (a) State the reasons for the action taken; and (b) Inform the disqualified person of the appe…

731-007-0570 Denial of Prequalification Application (1) If ODOT finds the applicant is not qualified, ODOT will issue a notice specifying the reasons found under ORS 279C.375 (3)(b) for not prequalifying the applicant and informing the applicant of the right to a hearing under OR…

731-012-0010 Purpose This division implements ORS 366.215. The purpose of this division is to define terms, identify a review process and facilitate communication and development of consensus during this review process. Statutory/Other Authority: ORS 184.616, 184.619 & 366.205 St…

731-012-0020 Definitions For the purposes of Division 12 rules, the following terms have the following definitions, unless the context clearly indicates otherwise: (1) “Access Considerations” means activities regulated under OAR 734-051, and ORS 374.300 to 374.360 (2) “Chief Engi…

731-012-0030 Reduction Review Routes (1) The Department will establish a system of Reduction Review Routes for the purposes of the implementation of ORS 366.215. The Reduction Review Routes will consist of the routes listed below. Reduction Review Routes include all parts of the …

731-012-0040 Application of the Rule (1) A review of potential permanent Reduction of Vehicle-Carrying Capacity is required for all Proposed Actions located on a Reduction Review Route. Proposed Actions that are not located on a Reduction Review Route are not subject to Division …

731-012-0050 Determination of a Potential Reduction of Vehicle-Carrying Capacity (1) Department staff is responsible for identifying if the Proposed Action has the potential for a Reduction of Vehicle-Carrying Capacity. (2) When identifying the potential for a Reduction of Vehicl…

731-012-0060 Stakeholder Forum (1) If Department staff identify that the Proposed Action has the potential for a Reduction of Vehicle-Carrying Capacity, a Stakeholder Forum will be convened. (2) In preparation for a Stakeholder Forum meeting, Department staff will prepare a proje…

731-012-0070 Stakeholder Forum Planning Input (1) Planning documents that include Proposed Actions on Reduction Review Routes, and are subject to Commission adoption, approval, or acceptance must be presented to the Stakeholder Forum. The Stakeholder Forum presentation must inclu…

731-012-0080 Proposed Actions for Access After consultation with the Stakeholder Forum, Department staff will identify if the Proposed Action is subject to OAR 734, division 51 (Access Management). All activities that are required for the Department’s administration of OAR 734, d…