justicedao/ipfs_state_laws huggingface dataset:
731-065-0060 Misconduct Disqualification (1) The Department may disqualify a Business and terminate SBDP participation due to misconduct. (2) Reasons for Misconduct Disqualification include, but are not limited to: (a) The Applicant knowingly made a false claim, or misrepresented existing certification status, during the qualifying process. (b) The Business entered into an agreement with another organization to leverage Business qualification in the program. (c) If a Business does not meet eligibility criteria and attempts to participate in the SBDP as a qualified small business on the basis of false, fraudulent, or deceitful statements or representations indicating a serious lack of business integrity or honesty, the Department may terminate program participation. (3) If the Department determines that a Business should be disqualified for misconduct and have its participation terminated, the Department will issue a Notice of Intent to Disqualify for Misconduct and Terminate Participation, by Certified Mail, which will include: (a) The effective date of program disqualification; (b) An explanation supporting the reasons for disqualification; and (c) A statement of the Business's ability to request Administrative Reconsideration and applicable deadlines. (4) The Business has 20 calendar days from the date of the Notice of Intent in which to request Administrative Reconsideration. If the Department does not receive a request for request Administrative Reconsideration within 20 calendar days, the Notice of Intent to Revoke Participation Due to Misconduct and Terminate Participation will become the Department’s final determination of eligibility. (5) A Business subject to the Department’s final determination of Misconduct Disqualification is not eligible to qualify for future program participation. Statutory/Other Authority: ORS 184.619 Statutes/Other Implemented: ORS 184.906 History: DOT 7-2024, adopt filed 12/04/2024, effective 12/04/2024
731-065-0070 Administrative Reconsideration Process and Final Determination (1) Following the receipt of any Notice of Intent, a Business can request Administrative Reconsideration. (2) Any request for Administrative Reconsideration must be in writing and received by the Department within 20 calendar days of the date of the Notice of Intent. This written request must include: (a) The date; and (b) A clear statement of the basis for Administrative Reconsideration; and (c) Any supporting documentation, (including but not limited to updated financials or proof of current certification). (3) Upon receipt of a request for Administrative Reconsideration, the disqualification or termination will be stayed while the Department reviews the request. The Department will complete this review within 30 business days and will inform the Business of the outcome of Administrative Reconsideration in writing either by rescinding the Notice of Intent or issuing a new Notice of Intent. (4) If the Department does not rescind the Notice of Intent, the Department will issue, via Certified Mail, a Notice of Intent Following Administrative Reconsideration to Deny Participation for Failure to Meet Qualifying Criteria or Notice of Intent to Disqualify and Terminate Program Participation. (5) The Business may request a contested case hearing under the provisions of ORS chapter 183 by submitting a written request. A written request for a contested case hearing must include: (a) The date; and (b) A clear statement of the basis for requesting a contested case hearing; and (c) Any supporting documentation, (including but not limited to updated financials or proof of current certification). (6) If no request is made, the Notice of Intent will become the Department’s final determination of program eligibility. Statutory/Other Authority: ORS 184.619 Statutes/Other Implemented: ORS 183 & 184.906 History: DOT 7-2024, adopt filed 12/04/2024, effective 12/04/2024
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 Partnerships succeed when all parties benefit and when the outcome of the partnerships exceeds what any of the parties could accomplish on their own. (3) When properly designed and implemented, Public-Private Partnerships can supplement limited state transportation revenues with a wide range of other sources. (4) ODOT will operate the Oregon Innovative Partnerships Program in an environment that encourages innovation and cooperative partnerships between and among public and private sectors. (5) While recognizing that other jurisdictions have undertaken Public-Private Partnerships, ODOT intends to be a leader in its approach to fostering cooperation amongst the parties for the public good. Statutory/Other Authority: ORS 184.619 & 367.824 Statutes/Other Implemented: ORS 367.800 - 367.824 History: DOT 5-2022, amend filed 05/24/2022, effective 05/24/2022 DOT 5-2004, f. & cert. ef. 8-26-04
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 employees, that the proposer may occupy, use, profit from, or otherwise exercise any prerogative with respect to any route, corridor, right of way or public property identified in the proposal as being involved in or related to the proposed Transportation Project. A proposer may obtain no right to claim exclusivity or the right of use with respect to any such route, corridor, right of way or public property by virtue of having submitted a proposal that proposes to use or otherwise involve or affect it. (2) By submitting a proposal, a proposer thereby waives as against the State of Oregon, the Commission, ODOT, and their members, officers and employees, any right, claim, copyright, proprietary interest or other right in any proposed location, site, route, corridor, right of way or alignment or transportation mode or configuration identified in the proposal as being involved in or related to the proposed Transportation Project. This waiver does not apply, however, to a proposer’s rights in any documents, designs and other information and records that constitute “sensitive business, commercial or financial information that is not customarily provided to business competitors” as specified in OAR 731-070-0280 and 731-070-0290. Statutory/Other Authority: ORS 184.619 & 367.824 Statutes/Other Implemented: ORS 367.800 - 367.824 History: DOT 5-2022, amend filed 05/24/2022, effective 05/24/2022 DOT 5-2004, f. & cert. ef. 8-26-04
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, designing, managing, constructing, reconstructing, replacing, improving, maintaining, repairing, leasing or operating a Transportation Project. Statutory/Other Authority: ORS 184.619 & 367.824 Statutes/Other Implemented: ORS 367.800 - 367.824 History: DOT 5-2022, amend filed 05/24/2022, effective 05/24/2022 Renumbered from 731-070-0240, DOT 1-2016, f. & cert. ef. 3-22-16 DOT 4-2009, f. & cert. ef. 12-22-09 DOT 2-2009(Temp), f. & cert. ef. 7-29-09 thru 1-22-10 DOT 5-2004, f. & cert. ef. 8-26-04
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, and may specify requirements for proposal content, and the criteria and procedures under which ODOT will evaluate the proposal for further negotiations towards a final agreement. (2) ODOT Authority to Elect Competitive Negotiations. ODOT may elect to enter competitive negotiations with multiple proposers to select from among proposals solicited under section (1) of this rule or OAR 731-070-0020. Negotiations under this section are part of the proposal evaluation process and do not constitute the negotiation of a Transportation Project agreement. (a) The object of competitive negotiations is to maximize ODOT's ability to obtain best value and to permit proposers to develop revised proposals. (b) ODOT may conduct competitive negotiations serially or concurrently with more than one proposer. Negotiations may include, but are not limited to: (A) Informing proposers of deficiencies in their proposals; (B) Notifying proposers of parts of their proposals for which ODOT would like additional information; and (C) Allowing proposers to develop revised proposals to permit ODOT to obtain the best proposal based on the requirements and evaluation criteria set forth in the notice or request. The scope, manner and extent of negotiations with any proposer are subject to ODOT's discretion. To prevent the disclosure of proposal information to a proposer’s competitors, ODOT may conduct negotiations with proposers before information about the subject proposals is shared with other government entities under ORS 367.804(5)(a). (c) In conducting negotiations, ODOT: (A) Shall treat all proposers fairly and shall not engage in conduct that favors any proposer over another; (B) Shall not reveal to another proposer a proposer’s unique technology, unique or innovative approaches to Transportation Project design, management or financing, or any information that would compromise the proposer’s intellectual property, trade secrets or sensitive business information; or (C) Shall not reveal the pricing information of one proposer to another proposer except to indicate the proposal price is too high or too low relative to other proposals. Statutory/Other Authority: ORS 184.619 & 367.824 Statutes/Other Implemented: ORS 367.800 - 367.824 History: DOT 5-2022, amend filed 05/24/2022, effective 05/24/2022 Renumbered from 731-070-0245, DOT 1-2016, f. & cert. ef. 3-22-16 DOT 4-2009, f. & cert. ef. 12-22-09 DOT 2-2009(Temp), f. & cert. ef. 7-29-09 thru 1-22-10
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 367.800 to 367.826. (2) Nothing in this rule is intended to limit the scope of ODOT’s discretion or authority to develop proposal and evaluation criteria and processes for any project as long as those criteria and processes comply with the requirements of ORS 367.800 to 367.826. Statutory/Other Authority: ORS 184.619 & 367.824 Statutes/Other Implemented: ORS 367.800 - 367.824 History: DOT 5-2022, amend filed 05/24/2022, effective 05/24/2022 Renumbered from 731-070-0250, DOT 1-2016, f. & cert. ef. 3-22-16 DOT 4-2009, f. & cert. ef. 12-22-09 DOT 5-2004, f. & cert. ef. 8-26-04
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 obtained and generally describe the work. The notice may contain any other appropriate information. ODOT may furnish notice using any method determined to foster and promote competition, including: (a) Mailing the notice to any party that has expressed an interest in ODOT’s OIPP procurements; (b) Placing the notice on the Oregon the Department of Administrative Services' electronic procurement system; or (c) Placing notice on ODOT’s external website. (2) ODOT will provide timely notice of all solicitations to the Advocate for Minority, Women and Emerging Small Business as required by law. Statutory/Other Authority: ORS 184.619 & 367.824 Statutes/Other Implemented: ORS 367.800 - 367.824 History: DOT 5-2022, amend filed 05/24/2022, effective 05/24/2022 DOT 8-2018, minor correction filed 08/08/2018, effective 08/08/2018 Renumbered from 731-070-0260, DOT 1-2016, f. & cert. ef. 3-22-16 DOT 4-2009, f. & cert. ef. 12-22-09 DOT 5-2004, f. & cert. ef. 8-26-04
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 731-070-0340. A unit of Local Government may submit an Unsolicited Proposal without prior prequalification. (2) An application evaluation fee in the amount prescribed by OAR 731-070-0055 must accompany any Application for Prequalification. (3) A pre-qualified private entity that submits an Unsolicited Proposal must include a proposal evaluation fee in the amount prescribed by OAR 731-070-0055. The proposal evaluation fee is waived for a state Agency or unit of Local Government. (4) ODOT will publish the requirements for contents and format of an Unsolicited Proposal on its external website. The proposer must submit the original Unsolicited Proposal bearing the signature of the authorized representative, two hard copies and an electronic copy of the Unsolicited Proposal in a format not to exceed the file size indicated in the application form. The original signed proposal, required copies and evaluation fee must be delivered to the Director according to the instructions provided in the application form. (5) The proposer shall include a list of any proprietary information included in the proposal that the proposer considers protected trade secrets or other information exempted from disclosure under ORS 367.804, OAR 731-070-0280, and 731-070-0290. ODOT may consider an Unsolicited Proposal for a project involving an Oregon unit of Local Government or an agency of another state only if the proposal clearly demonstrates ongoing engagement regarding the project with the state or Local Government unit. The Unsolicited Proposal must provide the name and contact information of an official representative knowledgeable of the proposed project. (6) ODOT may consider an Unsolicited Proposal only if the proposal is properly formatted as described in, and includes all information required by, this rule. Statutory/Other Authority: ORS 184.619 & 367.824 Statutes/Other Implemented: ORS 367.800 - 367.824 History: DOT 5-2022, amend filed 05/24/2022, effective 05/24/2022 DOT 1-2016, f. & cert. ef. 3-22-16 DOT 2-2013, f. & cert. ef. 6-21-13 DOT 4-2009, f. & cert. ef. 12-22-09 DOT 5-2004, f. & cert. ef. 8-26-04
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 Proposal required by OAR 731-070-0050 is: (a) $5,000 for a project valued under $500,000; (b) $15,000 for a project valued from $500,000 to $100 million; and (c) $50,000 for a project valued above $100 million. (3) If the cost of evaluating an Unsolicited Proposal exceeds the evaluation fee, the Director may assess an additional fee that reflect the reasonable expected costs to ODOT that may be incurred in excess of the amount deposited pursuant to section (2) of this rule for evaluation of the Unsolicited Proposal. (4) The Director may waive the fees specified in sections (1) and (2) of this rule if the interests of the state or the specific merits of the project would warrant such a waiver. In considering whether to grant a waiver the Director will consider the magnitude of costs versus benefits of such a waiver. Statutory/Other Authority: ORS 184.619, 367.822 & 367.824 Statutes/Other Implemented: ORS 367.800 - 367.824 History: DOT 5-2022, amend filed 05/24/2022, effective 05/24/2022 DOT 9-2018, minor correction filed 08/08/2018, effective 08/08/2018 DOT 1-2016, f. & cert. ef. 3-22-16 DOT 4-2009, f. & cert. ef. 12-22-09 DOT 1-2005, f. & cert. ef. 1-20-05 DOT 6-2004(Temp), f. & cert. ef. 8-26-04 thru 2-21-05
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 the expertise, experience, financial backing, integrity, ownership and control of the business. (2) ODOT may reject, or require the supplementation of, an incomplete proposal. ODOT will reject any proposal that contains false, untruthful or misleading information. A proposer's failure or refusal to properly execute, fully complete, or accurately report any information required in OAR 731-070-0050 is sufficient grounds for rejection of the proposal. (3) If, during the evaluation process, there is any change in the status of the proposer, the identity of any Key Person, or the addition of any Key Person, the proposer must report the change to the Department within 30 calendar days of the known change. For purposes of this section, a “change in the status of a proposer” means a reorganization of the business structure or corporate structure of the proposer or a Major Partner, or a change in ownership of the proposer or a Major Partner amounting to a transfer of over twenty percent of the entity’s ownership. (4) The burden of satisfying ODOT’s disclosure requirements for Unsolicited Proposals, both in terms of producing the disclosures and assuring the accuracy and completeness of such information, resides with each proposer. (5) A proposer, by submitting a proposal, accepts all risk of adverse public notice, damages, financial loss, criticism or embarrassment that may result from any disclosure or publication of any material or information required or requested by the Department in connection with the proposer’s submission of a proposal. In submitting a proposal, the proposer expressly waives, on behalf of itself, its partners, joint venturers, officers, employees and agents, any claim against the Director, the state of Oregon, the Oregon Transportation Commission, ODOT, and their officers and employees, for any damages that may arise therefrom. (6) An Agency of the state of Oregon that submits a proposal may, prior to submission, request ODOT to waive the disclosure requirements of this rule with respect to the Agency and its officers. However, if the Agency proposes to enter into or establish a partnership or joint venture with a private entity to perform any substantial portion of the proposed Project (as opposed to the engagement of only a prime contractor or subcontractors), then disclosure of the private entity must be made and the proposal must include all information regarding the private entity as required under these rules, to the same extent as if the private entity is a proposer. Statutory/Other Authority: ORS 184.619 & 367.824 Statutes/Other Implemented: ORS 367.800 - 367.824 History: DOT 5-2022, amend filed 05/24/2022, effective 05/24/2022 DOT 1-2016, f. & cert. ef. 3-22-16 DOT 4-2009, f. & cert. ef. 12-22-09 DOT 5-2004, f. & cert. ef. 8-26-04
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 requirement. Members of the Evaluation Panel may change and ODOT may have additional or fewer evaluators for optional rounds of competition. (3) Proposer Presentations. At any time during the evaluation process, the Evaluation Panel may require that a proposer make a presentation to the Evaluation Panel. The presentation is to allow the Evaluation Panel to seek clarification of Project elements and provide proposers with an opportunity to explain their proposed Project further. The Evaluation Panel will provide written notice to a proposer and give the proposer a minimum of 10 business days from the date of the notice to prepare the presentation. The format of the presentation may include a formal presentation by the proposer, followed by questions from the Evaluation Panel pertaining to the Project, proposal, or presentation. (4) Evaluation Factors. ODOT will publish on its external website the general criteria for evaluation of an Unsolicited Proposal, including but not limited to any of the following factors: (a) Qualifications, experience, and structure of the Project Team; (b) Project description in sufficient detail to determine the type and size of the Project, the location, and all proposed interconnections with other transportation facilities; (c) The point in the Transportation Project at which the public and private sector partners enter the Project and the responsibility to be assumed by each partner for specific Project elements, including shared risk management, costs of development, and allocation of financial responsibility for overruns; (d) Reasonableness of proposed project schedule; (e) Degree of technical innovation associated with the proposal and if the knowledge or technology gained from the Project benefit other areas of this state or the United States; (f) Whether the Project meets or exceeds state and federal environmental standards; (g) Right of Way considerations and plans for acquisitions; (h) Ongoing maintenance of the project; (i) Financial Plan demonstrating a reasonable basis for funding Project development and operations, based on well-defined and reasonable assumptions; (j) Estimated cost of the Project; (k) Life cycle cost analysis; (L) Public support, community benefit and engagement; and (m) Compatibility with the existing transportation system and support of transportation policies and goals. (5) Based on the Evaluation Panel's assessments, ODOT will: (a) Accept the proposal and enter into discussions and negotiations with the proposing entity or entities; (b) Request additional information from the proposing entity or entities; or (c) Reject the proposal. Statutory/Other Authority: ORS 184.619 & 367.824 Statutes/Other Implemented: 367.800 - 367.824 History: DOT 5-2022, adopt filed 05/24/2022, effective 05/24/2022