Oregon Administrative Code

731-146-0220 Emergency Procurement Procedures. Regardless of the dollar value of the Contract, ODOT entering into an Emergency Contract must, either before or promptly after entering into an Emergency Contract, make and retain in its Procurement File documentation of the nature o…

731-147-0010 Application (1) The Oregon Department of Transportation (ODOT) adopts OAR 137-047-0000 through 137-047-0810 in effect as of April 15, 2017, with the exception of OAR 137-047-0275, 137-047-0330, 137-047-0460, 137-047-0470, 137-047-0710, and 137-047-0800. Any reference…

731-147-0055 Sole-Source Procurements (1) Generally. ODOT may Award a Public Contract without competition as a Sole-Source Procurement pursuant to the requirements of ORS 279B.075 and this rule. (2) Public Notice. If the value of the resulting Public Contract exceeds $250,000, OD…

731-147-0070 Mandatory Use Contracts For Contracts entered into pursuant to ORS 279A.050(3), ODOT is exempt from Mandatory Use Contracts entered into pursuant to OAR 125-247-0296 when purchasing Goods or Services through federal programs pursuant to ORS 279A.180. Statutory/Other …

731-147-0810 Emerging Small Business Procurements For Contracts entered into under ORS 279A.050(3), ODOT may limit competition for a public contract to emerging small businesses, as provided in ORS 279A.142. To assist emerging small businesses in overcoming barriers to participat…

731-148-0100 Application (1) In addition to the general requirements set forth in Division 146 of these rules applicable to all Public Contracting by ODOT under Divisions 147, 148 and 149, the rules in this Division 148 apply to: (a) The screening and selection of Architects, Eng…

731-148-0110 Definitions In addition to the definitions set forth in ORS 279A.010 and ORS 279C.100, the following definitions apply to these Division 148 rules: (1) "Consultant" means an Architect, Engineer, Photogrammetrist, Transportation Planner, Land Surveyor or provider of R…

731-148-0130 Source Selection; Pricing Information; Conflicts of Interest (1) ODOT shall Award a Contract for Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, and Related Services following the applicable selection procedure…

731-148-0200 Direct Appointment Procedure (1) ODOT may enter into a Contract directly with a Consultant without following the selection procedures set forth elsewhere in these rules if: (a) Emergency. ODOT finds that an Emergency exists; or (b) Small Estimated Fee. The Estimated …

731-148-0205 Small Purchase Procedure (1) ODOT may use the Small Purchase Procedure described in this rule to award a Contract if the Estimated Fee does not exceed $250,000. (2) ODOT shall consider the qualifications of at least three prospective Consultants. If fewer than three …

731-148-0215 Requests for Qualifications (1) ODOT may use this Request for Qualifications (“RFQ”) procedure to Evaluate potential Consultants and establish a short list of qualified Consultants for some or all of the Architectural, Engineering, Photogrammetric Mapping, Transporta…

731-148-0220 Formal Selection Procedure (1) ODOT may use the formal selection procedure described in this rule to obtain a Contract regardless of Estimated Fee of the Contract, but ODOT must use this rule to obtain a Contract if the Estimated Fee of the Contract exceeds $250,000 …

731-148-0230 Ties Among Proposers (1) If ODOT is selecting a Consultant on the basis of qualifications alone and determines after the ranking of Proposers that two or more Proposers are equally qualified, ODOT may select a candidate through any process that ODOT believes will res…

731-148-0240 Protest Procedures (1) Applicability. This rule applies to RFPs processed under OAR 731-148-0220 (Formal Selection Procedure). (2) RFP Protest and Request for Change. Consultants may submit a written protest of anything contained in an RFP and may request a change to…

731-148-0250 Solicitation Cancellation, Delay or Suspension; Rejection of All Proposals or Responses; Consultant Responsibility for Costs ODOT may cancel, delay or suspend a solicitation, RFQ or other preliminary Procurement document, whether related to OAR 731-148-0200 (Direct A…

731-148-0260 Two-Tiered Selection Procedure for Local Contracting Agency Public Improvement Projects (1) For Procurements subject to ORS 279C.125, ODOT will serve as the lead Contracting Agency and will enter into Contracts which result from the two-tiered selection process descr…

731-148-0270 Price Agreements (1) ODOT may establish Price Agreements for Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services, when ODOT cannot determine the precise quantities of those Services that ODOT wil…

731-148-0300 Prohibited Payment Methodology; Purchase Restrictions (1) Except as otherwise allowed by law, ODOT shall not enter into any Contract that includes compensation provisions that expressly provide for payment of: (a) Consultant's costs under the Contract plus a percenta…

731-149-0010 Application Except as specifically set forth below, the Oregon Department of Transportation adopts OAR 137-049-0100 through 137-049-0910, the Department of Justice Model Rules, General Provisions Related to Public Contracts for Construction Services for any Public Im…

731-149-0020 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…

732-035-0010 Purpose Chapter 746, Oregon Laws 2007 created the Oregon Streetcar Project Fund, allowing for the issuance of lottery bonds for the purpose of financing grants through ODOT to municipalities to provide for the purchase of streetcars used in public transit systems. Th…

732-035-0020 Definitions For the purposes of division 35 rules, the following terms have the following definitions, unless the context clearly indicates otherwise: (1) “Grant Agreement” means a legally binding contract between the Department and Recipient that contains the terms …

732-035-0030 Program Purpose and Requirements (1) Purpose. Sections 22 and 23, Chapter 746, OL 2007 establish the Oregon Streetcar Project Fund. The fund is to consist of lottery bond proceeds, interest on the Fund and any other money appropriated to the Fund from the legislature…

732-035-0040 Program Development The Department shall: (1) Study the effects of grants authorized under this program on the creation or maintenance of jobs in Oregon. (2) File semiannual reports with the Commission on the findings of the studies. (3) Adopt rules and develop polic…

732-035-0050 Submitting Applications (1) Submission Periods. The Department will announce periods for submitting applications for funding from the Oregon Streetcar Project Fund. (2) Application Requirements. Applicants interested in receiving funds from the Oregon Streetcar Proje…

732-035-0060 Application Review (1) Project applications will be reviewed for compliance with the requirements in OAR 731-035-0030 and 732-035-0060. (2) The Department will review applications received to determine whether the Applicant and the Project are eligible for Program Fu…

732-035-0070 Project Selection (1) The Department will select Projects to be funded through a grant with moneys from the Oregon Streetcar Project Fund. (2) In addition to the criteria in 732-035-0060, the Department will consider the following in its determination of eligible Pro…

732-035-0080 Project Administration (1) The Department will track expenditures, performance and compliance for all Projects. (2) The Department and an Applicant for an Approved Project will execute a Grant Agreement prior to the disbursal of Program Funds for an Approved Project.…

732-040-0000 Purpose of Rules The rules in Chapter 732, Divisions 40, 42, and 44 establish the procedures and requirements for the administration of the Statewide Transportation Improvement Fund (STIF) to improve public transportation service in Oregon. Statutory/Other Authority:…

732-040-0005 Definitions The following definitions apply to rules in Chapter 732, Divisions 40, 42, and 44: (1) “Advisory Committee” means either a committee formed by a Qualified Entity to assist the Qualified Entity in carrying out the purposes of the STIF Formula Fund and the …

732-040-0010 Purpose and Use of STIF (1) Moneys in the STIF are continuously appropriated to the Agency to finance investments and improvements in public transportation services, except that the moneys may not be used for light rail capital expenses, but may be used for light rai…

732-040-0015 Audit and Compliance Review Requirements (1) Recipients shall conduct an annual financial audit of the STIF moneys received using the document entitled “Agreed Upon Procedures” made available by the Agency on the Public Transportation Division Website. A Recipient th…

732-040-0020 Accounting Requirements (1) The Agency shall account separately for moneys in the STIF Formula Fund, Discretionary Fund, and Intercommunity Discretionary Fund. (2) Recipients shall manage STIF moneys in separate governmental accounts for each of the applicable STIF f…

732-040-0025 Qualified Entity Reporting Requirements In addition to any other reporting required by these rules, Qualified Entities that receive STIF moneys, or Sub-Recipients as relevant to section (3) of this rule, shall submit the following documentation to the Agency: (1) A r…

732-040-0030 Advisory Committees (1) The Governing Body of each Qualified Entity shall appoint an Advisory Committee for the purpose of advising and assisting the Qualified Entity in carrying out the purposes of the STIF and prioritizing Projects to be funded by STIF moneys recei…

732-040-0035 Advisory Committee Composition (1) If the Qualified Entity is an Indian Tribe, then the Advisory Committee must be composed of at least three members, each of whom must be able to represent the public transportation needs of individuals served by the Indian Tribe. Th…

732-040-0040 Qualified Entity Management and Joint Management of STIF Funds (1) Two or more Qualified Entities may jointly manage the STIF moneys disbursed to them. The Qualified Entities shall enter into a written agreement pursuant to ORS chapter 190. (2) When two or more Quali…

732-040-0050 Appeal Procedures (1) Appeals are allowed only in the following instances: (a) A Qualified Entity may appeal the Commission’s rejection of its STIF Plan. (b) A Qualified Entity may appeal the Agency’s decision to withhold STIF Formula Fund moneys. (c) A Qualified Ent…

732-040-0055 Creation of New Mass Transit District or Transportation District (1) In the event that a Mass Transit District or Transportation District comes to exist in any part of a county or counties in which it did not previously exist, the Mass Transit District or Transportat…

732-042-0000 Purpose These rules establish procedures and requirements necessary for the administration of the Statewide Transportation Improvement Fund (STIF) Formula Fund, pursuant to ORS 184.758(1)(a). The STIF Formula Fund is intended to improve public transportation services…

732-042-0005 STIF Formula Fund Cycle (1) The STIF Formula Fund cycle will be structured around a Biennium, with key dates and exceptions identified in these rules. (2) After the first disbursement of STIF moneys following the enactment of Oregon Laws 2017, chapter 750, the Agency…

732-042-0010 STIF Formula Fund Calculation and Disbursement (1) STIF Plan Agreements (a) The Agency may not disburse STIF Formula Fund moneys to a Qualified Entity until the Commission has approved the Qualified Entity’s STIF Plan and the Legislative Fiscal Office and the State’s…

732-042-0015 STIF Plan Contents (1) A Qualified Entity shall adopt a written STIF Plan to establish a list of Projects for public transportation located within the Qualified Entity’s area of responsibility to guide STIF Formula Fund investments. (a) A STIF Plan must cover at leas…

732-042-0020 Advisory Committee Review of Proposed Projects (1) Sub-Recipients seeking STIF funding from a Qualified Entity through the Qualified Entity’s STIF Plan shall submit a Project proposal to the Qualified Entity’s Advisory Committee for review and approval. The Project p…

732-042-0025 Commission Approval of STIF Plan (1) The Agency shall review the STIF Plan submitted by a Qualified Entity for completeness and may ask the Qualified Entity to supply missing information or to provide clarification about the meaning or intent of any portion of the ST…

732-042-0030 Qualified Entity Failure to Apply or Withdrawal from the STIF Formula Fund (1) Unless a Qualified Entity has an approved STIF Plan and is receiving quarterly distributions, the Agency shall accumulate STIF Formula Fund moneys for which a Qualified Entity is eligible,…

732-042-0035 Reporting Requirements (1) Quarterly Reports: Using a form provided by the Agency, each Qualified Entity shall prepare a quarterly report to the Agency which details Project progress, outcomes achieved, and expenditures of STIF Formula Fund moneys by itself and its S…

732-042-0040 Capital Asset Requirements (1) Recipients shall ensure Satisfactory Continuing Control of a Capital Asset purchased or leased in whole or part with STIF funding throughout its useful life or until disposition. (2) Recipients shall inventory Capital Assets purchased o…

732-042-0045 Agency Amendment of STIF Plan (1) No later than 90 days prior July 1 annually, a Qualified Entity with an approved STIF Plan for the current Biennium (an “Original STIF Plan”) may submit a proposed amended STIF Plan for the current Biennium (an “Amended STIF Plan”) t…

732-042-0055 Contractor Compliance (1) A Qualified Entity shall determine whether an entity with which it enters into an agreement to pass through STIF funds is a Sub-Recipient or a contractor according to the criteria set forth in this rule. (2) A person or entity that receives …