Oregon Administrative Code

731-070-0005 Purpose and Intent of the Oregon Innovative Partnerships Program (1) The primary purpose of the Oregon Innovative Partnerships Program is to maximize innovation in project design, financing, or delivery by encouraging Public-Private Partnerships. (2) Public-Private P…

731-070-0010 Definitions for the Oregon Innovative Partnerships Program As used in OAR 731-070-0005 to 731-070-0340: (1) “Agency” means any agency of the State of Oregon or any political subdivision thereof authorized by law to enter into public contracts, as defined in ORS 279A.…

731-070-0020 General Selection Policies (1) The Department may exercise broad discretion, subject to the ultimate approval of the Commission, in evaluating proposals in accordance with the criteria stated in OAR 731-070-0010 to 731-070-0360. To conduct a meaningful evaluation of …

731-070-0040 Protection of ODOT from Proposer “Monopolization” of Site Claims (1) By submitting a proposal, a proposer waives any claim, right in or expectation that the proposer may assert against the State of Oregon, the Commission, ODOT, or their members, officers and employee…

731-070-0042 Solicitation of Proposals for OIPP Projects ODOT may solicit proposals or enter into negotiations with one or more legal entities, as described in OAR 731-070-0044, to develop a public-private partnership approach to planning, acquiring, financing, developing, design…

731-070-0044 Negotiations (1) ODOT Authority to Elect Direct Negotiations. ODOT may elect to enter into direct negotiations for a Public-Private Partnership with a private entity or unit of Local Government. ODOT may request a proposal from the entity or unit of Local Government,…

731-070-0046 Solicitation Documents (1) In a solicitation for proposals, ODOT will specify requirements for proposal content, and for criteria and procedures used to evaluate selected proposals. These requirements, criteria and procedures will comply with the requirements of ORS …

731-070-0048 Public Notice of Solicitation (1) ODOT will furnish notice to a number of entities deemed by ODOT to be sufficient for the purpose of fostering and promoting competition. The notice will indicate where, when, how, and for how long the solicitation document may be obt…

731-070-0050 Submission of Unsolicited Proposals for OIPP Projects (1) A private entity wishing to submit an Unsolicited Proposal for a Transportation Project to ODOT for consideration under the OIPP must first submit an Application for Prequalification as described in OAR 731-07…

731-070-0055 Fees to Accompany Applications for Prequalification and Unsolicited Proposals (1) The non-refundable fee for evaluation of an application for prequalification, as required by OAR 731-070-0050 is $2,500. (2) The non-refundable evaluation fee for an Unsolicited Proposa…

731-070-0065 Prequalification of Proposers of Unsolicited Proposals To submit an Unsolicited Proposal, an entity must first submit a completed Application for Prequalification and receive notice of approval for prequalification from ODOT. (1) ODOT may establish the required conte…

731-070-0080 Additional Unsolicited Proposal Disclosure Requirements (1) After submission of an unsolicited proposal as described in OAR 731-070-0050, the Director may impose any other special disclosure requirements the Director determines to be reasonably necessary to evaluate …

731-070-0145 Evaluation of Unsolicited Proposals (1) ODOT will review and make a preliminary assessment that the Unsolicited Proposal does or does not meet the requirements of OAR 731-070-0050. (2) An Evaluation Panel will independently evaluate each proposal that meets all requi…

731-070-0200 Negotiation of Agreements for Transportation Projects (1) The Director will refer a proposal selected for negotiation of a final agreement to a working group. The working group is responsible for negotiating the final agreement with the proposer. Each final agreement…

731-070-0210 ODOT Objection to Subcontractors (1) Prior to the execution of any contract with a proposer, the proposer must provide ODOT a list of all Major Subcontractors identified in its proposal who will perform work in the construction, operation or maintenance of the Projec…

731-070-0220 Legal Sufficiency Review of Final Agreement On completion of a final agreement, the Attorney General will review it for legal sufficiency under ORS 291.047 and OAR chapter 137, division 045. When conducting that review, the Attorney General shall: (1) Recognize that …

731-070-0230 Commission Review of Final Agreement On completion of the Attorney General’s legal sufficiency review of the final agreement, the Commission shall: (1) Approve the final agreement; (2) Reject the final agreement; or (3) Return the final agreement to the working group…

731-070-0280 Public Records Requests (1) Upon written request and within a reasonable time, the Director will provide records relating to Transportation Project proposals for inspection in accordance with ORS Chapter 192, ORS 367.804, and OAR 731-001-0025. (2) ODOT may charge fee…

731-070-0290 Designation of Sensitive Business, Commercial or Financial Information and Trade Secrets (1) The following procedure shall be followed by proposers to designate information as “sensitive business, commercial or financial information” under ORS 367.804(6): each indivi…

731-070-0295 Consultation with Local Government, Metropolitan Planning Organization or Area Commission on Transportation As part of its evaluation of a proposal submitted under these rules, ODOT will consult with appropriate local governments, metropolitan planning organizations …

731-070-0300 ODOT Rights Reserved (1) ODOT reserves all rights available to it by law in administering these rules, including without limitation, the right in its sole discretion to: (a) Prioritize proposals to be reviewed and determine the order of review. (b) Reject any proposa…

731-090-0000 Definitions (1) “Account Manager” means a Certified Service Provider under ORS 319.915. It is either the Department or a Commercial Account Manager. Should the Department outsource the agency’s account management function for Road Usage Charging to an ODOT Account Ma…

731-090-0010 Confidentiality (1) An Account Manager may not disclose Personally Identifiable Information (PII) used or developed for reporting metered use by a subject vehicle or for administration services related to the collection of Road Usage Charges to any person except as a…

731-090-0020 RUC Payer: Enrolling in the Program (1) For a vehicle to be eligible for participation in the Road Usage Charge Program, the registered owner or lessee of the passenger vehicle must: (a) Have the vehicle registered, in accordance with OAR 735-022-0000, in Oregon; (b)…

731-090-0030 RUC Payer: Mileage Calculation (1) The Account Managers shall collect road usage data by options approved and certified by the Department. The Department may authorize the following options for collecting road usage data: (a) Mileage reporting that uses vehicle locat…

731-090-0040 RUC Payer: Reporting and Payment (1) All RUC Payers, or the Account Manager that reports on their behalf, must report and pay the Road Usage Charge for their subject vehicles. (2) All RUC Payers must report all miles subject to the Road Usage Charge during a Metered …

731-090-0050 RUC Payer: Exiting the Program (1) RUC Payers who are exiting the Program must inform their Account Manager of their service cancellation in a manner prescribed by that Account Manager. (2) RUC Payers must pay any outstanding Road Usage Charge fees upon their exit fr…

731-090-0060 RUC Payer: Fraud RUC Payers who are suspected of tampering with their Mileage Reporting Device will be subjected to a non-compliance investigation by the Department, and depending on the results of the investigation, may be subject to a penalty of 10 percent of delin…

731-090-0070 RUC Payer: Refunds for Out of State Mileage/Non-Public Road Mileage (1) Any RUC Payer who has been assessed Road Usage Charges for miles operated off of public roads, or roads outside of Oregon may request a refund from the Department on a form prescribed by the Depa…

731-090-0080 Commercial Account Managers (1) Commercial Account Managers shall provide Metered Use Reports to the Department on intervals as defined in contract. (2) Official Tax Reports and payments from Commercial Account Managers of aggregate Road Usage Charges, including char…

731-090-0090 ODOT Account Manager (1) The Department may outsource the agency’s account management function for the Road Usage Charging to an ODOT Account Manager. (2) The ODOT Account Manager shall provide Metered Use Reports to the Department on intervals as defined in contract…

731-145-0000 Purpose The purpose of these rules, OAR 731, Division 145, is to establish the process by which a city or county may apply for inclusion on the list of jurisdictional transfers of state highway facilities from the ownership of ODOT to the ownership of a city or count…

731-145-0010 Definitions (1) “Applicant” refers to a city or county completing the application. (2) “Joint Committee on Transportation” means the legislative committee described in Oregon Laws 2023, chapter 323. (3) “Jurisdictional transfer” means the transfer of ownership of all…

731-145-0020 Application Process (1) A city or county may apply to the Jurisdictional Transfer Advisory Committee for inclusion on the list of jurisdictional transfers recommended for funding that is submitted to the Joint Committee on Transportation, in accordance with the requi…

731-145-0030 Application Review Process (1) The Jurisdictional Transfer Advisory Committee Chairperson, or their designee, shall receive submitted pre-applications. The Chairperson may schedule a meeting of the Committee to review each pre-application or may hold applications unt…

731-145-0040 Report to Joint Committee on Transportation (1) The Committee shall submit a report by September 15 of each even-numbered year to the Joint Committee on Transportation, in a manner provided in ORS 184.285, that includes the list of jurisdictional transfers recommende…

731-146-0010 Application (1) The Oregon Department of Transportation (ODOT) adopts OAR 137-046-0100 through 137-046-0480 in effect as of April 15, 2017. (2) Unless the context of a specifically applicable definition in the Code or Model Rules requires otherwise, capitalized terms…

731-146-0012 Delegation of Authority The ODOT Chief Procurement Officer may act on behalf of ODOT and, by written agreement between ODOT and DAS, delegate to DAS on a case-by-case basis Procurements which are under ODOT’s authority. If such delegation is accepted, DAS shall proce…

731-146-0016 Mixed Contracts (1) Definition. A “Mixed Contract” is a Contract related to a Procurement that will include some combination of Goods, Services, Personal Services, Architectural, Engineering, Photogrammetric Mapping, Transportation Planning, Land Surveying Services o…

731-146-0025 Independent Contractor Status For Services Contracts (1) ODOT must develop a statement of work for services that will not result in an employee relationship with the potential Contractor. (2) An independent contractor certification by Contractors must be included as …

731-146-0030 Procurement Files (1) Application. This Rule applies to Procurement Files as defined in this section. “Procurement Files” means any of the following files maintained by ODOT: a solicitation, Contract, Price Agreement, work order contract, amendment or Contract Admini…

731-146-0050 Contract Administration; General Provisions (1) "Contract Administration" means all functions related to a given Contract between ODOT and a Contractor from the time the Contract is awarded until the work is completed, accepted, and all payment has been made, or unti…

731-146-0060 Payment Authorization of Cost Overruns (1) Payments on Contracts that exceed the maximum contract consideration require prior written approval from ODOT’s Chief Procurement Officer and may require approval from the Department of Justice pursuant to OAR 137-045-0010 e…

731-146-0130 Fragmentation A procurement may not be artificially divided or fragmented for the purpose of restricting competition or circumventing a legal requirement. Statutory/Other Authority: ORS 184.619, 279A.065(6)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.065(5)(a)…

731-146-0140 ODOT and Contractor Communications (1) For this rule, “Solicitation Document” means an Invitation to Bid, Request for Proposals, Request for Quotes, a project-specific selection document under a Price Agreement, a small purchase under OAR 731-148-0205 or other simila…

731-146-0150 Electronic Procurement and Submittals (1) The following terms have the meaning given below when capitalized in this Rule: (a) “Electronic Advertisement” means the Solicitation Document, RFQ or other document inviting participation in the procurements made available e…

731-146-0160 Reinstatement of Expired or Terminated Contract; Retroactive Approval of Existing Contract (1) Application. This rule applies to the Reinstatement of expired or terminated Contracts and the Retroactive Approval of existing Contracts. This rule does not apply to mista…

731-146-0170 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. ODOT shall not consider withdrawals or …

731-146-0180 Mistakes in Offers (1) Generally. To protect the integrity of the competitive procurement process and to assure fair treatment of Offerors, ODOT should carefully consider whether to permit waiver, correction or withdrawal of Offers for certain mistakes. (2) Treatment…

731-146-0200 Amendments to Public Contracts (1) Application. This rule applies to procurements processed under OAR 731-147 and OAR 731-148. (2) Generally. ODOT may amend a Public Contract without additional competition in any of the following circumstances: (a) The amendment is w…