justicedao/ipfs_state_laws huggingface dataset:
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) Criteria. ODOT may reject all Offers upon a Written finding that: (a) The content of or an error in the Solicitation Document, or the solicitation process unnecessarily restricted competition for the Contract; (b) The price, quality or performance presented by the Offerors is too costly or of insufficient quality to justify acceptance of the Offer; (c) Misconduct, error, or ambiguous or misleading provisions in the Solicitation Document threaten the fairness and integrity of the competitive process; (d) Causes other than legitimate market forces threaten the integrity of the competitive procurement process. These causes include, but are not limited to, those that tend to limit competition such as restrictions on competition, collusion, corruption, unlawful anti-competitive conduct, and inadvertent or intentional errors in the Solicitation Document; (e) ODOT cancels the solicitation in accordance with OAR 731-005-0720; or (f) Any other circumstance indicating that awarding the Contract would not be in the public interest. Statutory/Other Authority: ORS 184.616, 184.619, 279A.050 & 279A.065 Statutes/Other Implemented: ORS 279C.395 History: DOT 2-2005, f. 2-16-05, cert. ef. 3-1-05
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 Award. Unless otherwise provided in the Solicitation Document, ODOT shall provide Notice of Intent to Award on the ODOT website. ODOT's award shall not be final until the later of the following: (a) Three working days after the date of the notice, unless the Solicitation Document provided a different period for protest; or (b) ODOT provides a Written response to all timely-filed protests that denies the protest and affirms the award. (3) Right to Protest Award. (a) An adversely affected Offeror may submit to ODOT a Written protest of ODOT's Notice of Intent to Award within three working days after issuance of the Notice of Intent to Award, unless a different protest period is provided under the Solicitation Document. (b) The Offeror's protest must specify the grounds upon which the protest is based. (c) An Offeror is adversely affected only if the Offeror is one of the three apparent low Bidders. (d) ODOT shall not consider a protest submitted after the time period established in this rule or such different period as may be provided in the Solicitation Document. (4) Authority to Resolve Protests. The ODOT Chief Procurement Officer, or designee, has the authority to settle or resolve a Written protest submitted in accordance with the requirements of this rule. (5) Decision. If a protest is not settled, the ODOT Chief Procurement Officer or designee, shall promptly issue a Written decision on the protest. Judicial review of this decision will be available if provided by statute. (6) Contract Execution. The successful Offeror shall promptly execute the Contract after the award is final. ODOT shall execute the Contract only after it has obtained all applicable required documents and approvals. Statutory/Other Authority: ORS 184.619, 279A.050 & 279A.065 Statutes/Other Implemented: ORS 279C.375, 279C.385 & 279C.460 History: DOT 1-2024, amend filed 05/09/2024, effective 06/01/2024 DOT 6-2022, amend filed 05/24/2022, effective 05/24/2022 DOT 4-2018, amend filed 04/26/2018, effective 04/26/2018 DOT 2-2005, f. 2-16-05, cert. ef. 3-1-05
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 Statutes/Other Implemented: ORS 279C.300, 279C.305, 279C.335, 279C.365 & 279C.375 History: DOT 1-2024, amend filed 05/09/2024, effective 06/01/2024 DOT 2-2005, f. 2-16-05, cert. ef. 3-1-05
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 Cancellation. If ODOT cancels a solicitation prior to Opening, ODOT shall provide notice of cancellation. Such notice of cancellation shall: (a) Identify the Solicitation; and (b) If appropriate, explain that an opportunity will be given to compete on any re-solicitation. Statutory/Other Authority: ORS 184.616, 184.619, 279A.050 & 279A.065 Statutes/Other Implemented: ORS 279C.395 History: DOT 2-2005, f. 2-16-05, cert. ef. 3-1-05
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 visible return address. If there is no return address on the envelope, ODOT will open the Offer to determine the source and then return it to the Offeror. (2) After Opening. If ODOT rejects all Offers, ODOT will retain all such Offers as part of ODOT's solicitation file. (3) Cancellation of Award. Without liability to ODOT, ODOT may cancel award of Contract at any time before the Contract agreement is executed by all parties to the Contract, upon finding it is in the public interest to do so. Statutory/Other Authority: ORS 184.616, 184.619, 279A.050 & 279A.065 Statutes/Other Implemented: ORS 279C.395 History: DOT 2-2005, f. 2-16-05, cert. ef. 3-1-05
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 tabulation sheet; and (c) Written justification for any rejection of lower Bids. Statutory/Other Authority: ORS 184.619, 279A.050 & 279A.065 Statutes/Other Implemented: ORS 279C.430 History: DOT 1-2024, amend filed 05/09/2024, effective 06/01/2024 DOT 2-2005, f. 2-16-05, cert. ef. 3-1-05
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 payment, Contract duration and such other information as the Department of Revenue may require before final payment can be made on the Contract. A copy of the report shall be forwarded to ODOT. ODOT, upon awarding the Contract, shall satisfy itself that the above requirements have been complied with before it issues final payment on the Contract. Statutory/Other Authority: ORS 184.616, 184.619, 279A.050 & 279A.065 Statutes/Other Implemented: ORS 279A.120 History: DOT 2-2005, f. 2-16-05, cert. ef. 3-1-05
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 awarded, are available on-line through the ODOT web page. (3) Availability of Solicitation Files. ODOT shall make completed solicitation files available for public review. (4) Copies from Solicitation Files. Any Entity may obtain copies of material from solicitation files upon payment of a reasonable copying charge through ODOT's public records request procedure. Statutory/Other Authority: ORS 184.619, 279A.050 & 279A.065 Statutes/Other Implemented: ORS 279C.365 History: DOT 1-2024, amend filed 05/09/2024, effective 06/01/2024 DOT 4-2018, amend filed 04/26/2018, effective 04/26/2018 DOT 2-2005, f. 2-16-05, cert. ef. 3-1-05
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 bond pursuant to ORS 279C.390, the Contractor shall execute and deliver to ODOT a performance bond and a payment bond. (2) Requirement for Surety Bond. The Contractor shall use ODOT's standard forms that are found in the Contract booklet. The amount of each bond shall be equal to the Contract Amount. The surety company's authorized attorney in fact shall sign the performance bond and the payment bond. The surety company's seal shall be affixed to each bond. A power of attorney for the attorney in fact shall be attached to the bonds in the Contract booklet. Include performance/payment bond number. Bonds cannot be canceled by the Contractor or the surety, nor can they be released by ODOT due to possible claims. (3) Time for Submission. The apparent successful Offeror must furnish the performance/payment security as required by the Solicitation Document. If the Offeror fails to furnish the security as requested, ODOT may reject the Offer and award the Contract to the Responsible Bidder with the next lowest Responsive Bid, the Offeror shall forfeit its Bid security. Statutory/Other Authority: ORS 184.619, 279A.050 & 279A.065 Statutes/Other Implemented: ORS 279C.375 & 279C.390 History: DOT 1-2024, amend filed 05/09/2024, effective 06/01/2024 DOT 4-2018, amend filed 04/26/2018, effective 04/26/2018 DOT 2-2005, f. 2-16-05, cert. ef. 3-1-05
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 with ORS 184.879. (2) In addition to the definitions in ORS 184.879, the following definitions apply to section (4) of this rule: (a) “Covered materials” has the meaning set forth in ORS 184.879(1)(b)(A)-(C). (b) “Permanently incorporated” means any covered material that is required to be affixed to the project at the completion of the contract. (3) A contractor must submit an environmental product declaration for covered materials in accordance with the requirements in the contract for the project. (4) Except as provided in ORS 184.879(3)(a)-(b), a procurement for covered materials for a construction or maintenance project must require an environmental product declaration if: (a) The project includes a highway construction contract, as defined in OAR 731-005-0430(25), administered by ODOT or a maintenance project estimated at or above $3 million, but does not include a public improvement or maintenance project administered by ODOT on behalf of a local government agency; (b) For a highway construction contract, the Engineer’s Estimate has an estimated project cost of $3 million or more at the date of advertisement; (c) The $3 million threshold for a highway construction contract or maintenance project does not include additional work added after the advertised date stated in the procurement, such as construction engineering, change orders, indirect or force account items; and (d) The covered materials will be permanently incorporated into the project. (5) If the criteria in section (4) of this rule are met, a contractor must provide an environmental product declaration to ODOT for each covered material permanently incorporated into the project that is equal to or greater than the following thresholds: (a) Ready-Mix Concrete: 50 cubic yards or more. (b) Asphalt Paving Mixtures: 2,500 tons or more. (c) Steel Rebar: 15,000 pounds or more. (d) Structural Steel: 5,000 pounds or more. (6) For a highway construction contract and maintenance project, ODOT will determine specific bid items for covered materials that are subject to the Environmental Product Declaration submittal requirement. The selected bid items and required product declaration requirements will be described in the project procurement. Statutory/Other Authority: ORS 184.619 Statutes/Other Implemented: ORS 184.879 History: DOT 8-2024, adopt filed 12/05/2024, effective 12/05/2024
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. (2) OAR, Chapter 731 Division 7 is not applicable to the procurement of projects utilizing an Alternative Contracting Method. (3) Bidders must be prequalified in the class(es) of work designated in the special provisions for the specific project on which the Bidder desires to bid. Statutory/Other Authority: ORS 184.619, 279A.050 & 279A.065 Statutes/Other Implemented: ORS 279C.430 History: DOT 1-2024, amend filed 05/09/2024, effective 06/01/2024 DOT 2-2016, f. & cert. ef. 4-29-16
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 prequalification is required, notice of the request for contractor special prequalification will be advertised through ODOT’s electronic procurement system, and in at least one trade newspaper of general statewide circulation. Statutory/Other Authority: ORS 184.619, 279A.050, 279A.065 & 279C.430 Statutes/Other Implemented: ORS 279C.430 History: DOT 1-2024, amend filed 05/09/2024, effective 06/01/2024 DOT 6-2022, amend filed 05/24/2022, effective 05/24/2022 DOT 2-2016, f. & cert. ef. 4-29-16
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 shall be considered prequalified on the date set forth in the notice. Statutory/Other Authority: ORS 184.619, 279A.050, 279A.065 & 279C.430 Statutes/Other Implemented: ORS 279C.430 History: DOT 1-2024, amend filed 05/09/2024, effective 06/01/2024 DOT 2-2016, f. & cert. ef. 4-29-16
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 so that prequalification is not necessary. Statutory/Other Authority: ORS 184.616, 184.619, 279A.050, 279A.065 & 279C.430 Statutes/Other Implemented: ORS 279C.430 History: DOT 2-2016, f. & cert. ef. 4-29-16
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 appeal right of the person under ORS 279C.445 and 279C.450. (2) A copy of the decision to disqualify must be mailed or otherwise furnished immediately to the disqualified person. Statutory/Other Authority: ORS 184.619, 279A.050, 279A.065 & 279C.430 Statutes/Other Implemented: ORS 279C.430 History: DOT 1-2024, amend filed 05/09/2024, effective 06/01/2024 DOT 2-2016, f. & cert. ef. 4-29-16
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 ORS 279C.450. If the applicant wishes to appeal, the applicant must, within three business days after receipt of notice of disqualification, notify the Construction Contracting Manager in writing. (2) Upon receipt of such notice of appeal, the Construction Contracting Manager will immediately notify the Director of DAS. Statutory/Other Authority: ORS 184.619, 279A.050, 279A.065 & 279C.430 Statutes/Other Implemented: ORS 279C.430 History: DOT 1-2024, amend filed 05/09/2024, effective 06/01/2024 DOT 2-2016, f. & cert. ef. 4-29-16
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 Statutes/Other Implemented: ORS 366.215 History: DOT 4-2013, f. & cert. ef. 8-26-13
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 state highway(s) that must be travelled to complete the prescribed route and/or connect with other state highways. This includes couplets and on and off ramps. [Table not included. See ED. NOTE.] (2) The Reduction Review Routes will be added to the OHP policy section. After the Commission adopts this amendment, the OHP Reduction Review Routes subject to Commission jurisdiction will be used to implement this rule. [ED. NOTE: Tables referenced are available from the agency.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 184.616, 184.619 & 366.205 Statutes/Other Implemented: ORS 366.215 History: DOT 2-2014, f. & cert. ef. 7-10-14 DOT 1-2014, f. & cert. ef. 4-23-14 DOT 4-2013, f. & cert. ef. 8-26-13
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 12. (2) Department staff will determine if a Proposed Action is located on a Reduction Review Route. (3) If Department staff determine that the Proposed Action is not on a Reduction Review Route, no further Division 12 review is required. The Department may continue with the Proposed Action using Department processes including other appropriate reviews not covered by this division. (4) If a Proposed Action is on a Reduction Review Route, Department staff will notify the affected local agencies, and in the case of a development review, the affected applicant prior to proceeding with the determination of a potential Reduction of Vehicle-Carrying Capacity. Statutory/Other Authority: ORS 184.616, 184.619 & 366.205 Statutes/Other Implemented: ORS 366.215 History: DOT 4-2013, f. & cert. ef. 8-26-13
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 Vehicle-Carrying Capacity, Department staff will employ an appropriate level of analysis of the Proposed Action. During this analysis Department staff may review plans and designs, and consult with technical experts outside the Department. In making this identification, the Department will involve staff from the appropriate Department Divisions. (For example, the addition of a raised median may involve staff from the Highway Division and the Motor Carrier Transportation Division.) (3) If the Department determines that a Proposed Action would not result in a Reduction of Vehicle-Carrying Capacity, no further Division 12 review is required. The Department may continue with the Proposed Action using Department processes including other appropriate reviews not covered by this division. (4) If a Proposed Action has the potential for a Reduction of Vehicle-Carrying Capacity, Department staff will notify the affected local agencies, and in the case of a development review, the affected applicant prior to proceeding with a Stakeholder Forum review. Statutory/Other Authority: ORS 184.616, 184.619 & 366.205 Statutes/Other Implemented: ORS 366.215 History: DOT 4-2013, f. & cert. ef. 8-26-13
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 project description including any anticipated Safety Considerations and Access Considerations. (3) Department staff will ask the Stakeholder Forum to review the project description of a Proposed Action and provide advice to the Director regarding whether or not the Proposed Action meets the definition of Reduction of Vehicle-Carrying Capacity. The Stakeholder Forum may advise the Department that a Proposed Action will not result in a Reduction of Vehicle-Carrying. Pursuant to 731-012-0020(10) the Stakeholder Forum may also record support for a Proposed Action regardless of any changes to horizontal or vertical clearance. (4) Department staff will prepare documentation of Stakeholder Forum advice and recommendations. Documentation will include which elements of the Reduction of Vehicle-Carrying Capacity definition 731-012-0020(10) the Stakeholder Forum feels will result in the reduction. (5) If agreement is reached by the Stakeholder Forum on a design that avoids any actual Reduction of Vehicle-Carrying Capacity or is supported by the Stakeholder Forum no further division 12 review is required.” The Department may continue with the Proposed Action using Department processes including other appropriate reviews not covered by this division. Statutory/Other Authority: ORS 184.616, 184.619 & 366.205 Statutes/Other Implemented: ORS 366.215 History: DOT 4-2013, f. & cert. ef. 8-26-13
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 include an opportunity for identification of the Vehicle-Carrying Capacity needs from the prospective of the members of the forum. (2) In some cases, a Proposed Action may be located within a planning document such as a transportation system plan or facility plan. Depending on the time period covered by the planning document, and the scheduled start date of the conceptual Proposed Actions, the planning document may not contain sufficient detail to determine if a Reduction of Capacity will result from the Proposed Actions. (3) If a planning document includes proposed actions on a Reduction Review Route, but does not contain sufficient detail to determine if a Reduction of Capacity will result from such actions, then the plan must include a record of all Reduction Review Routes in the area subject to the plan, and the document must indicate that proposed roadway dimensions (such as total road width, lane widths, median widths, bike lane widths, shoulder widths, etc) are subject to review of Vehicle-Carrying Capacity during future design. (4) Planning documents that include documenting Stakeholder Forum comments and identification of the need for future Vehicle-Carrying Capacity review may be finalized without the Commission approving a reduction of capacity at the time of plan completion. Statutory/Other Authority: ORS 184.616, 184.619 & 366.205 Statutes/Other Implemented: ORS 366.215 History: DOT 4-2013, f. & cert. ef. 8-26-13