justicedao/ipfs_state_laws huggingface dataset:
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 until the Contract is terminated, payment has been made, and disputes have been resolved. (2) Authority. Unless otherwise exempt by other provision of law, ODOT must conduct all procurements, including Contract Administration, for Goods or Services, including Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services and Related Services, Public Works, and Public Improvements, pursuant to ORS 279A.050 and 279A.075. (3) Contract Administrator. ODOT must appoint, in Writing, a Contract Administrator as an ODOT representative for each Contract. The Contract Administrator may delegate in Writing a portion of the Contract Administrator’s responsibilities to a technical representative for specific day-to-day administrative activities for each Contract. (4) Documentation Requirements. Contract Administration documentation and level of detail should be directly related to the dollar value and risk of the procurement. In accordance with OAR 731-146-0030, documentation of Contract Administration is a part of the Procurement File, whether maintained with the Procurement file or at a separate location. Contract Administration documentation must include: (a) An executed Contract, if maintained separate from the Procurement File; (b) The record of the actions used to administer the Contract; (c) Contact information for the Contractor; (d) The name and contact information for the Contract Administrator and any technical representative delegates, together with a description of duties delegated to any technical representative; (e) All executed amendments; (f) Claims related to the Contract; (g) Release of claims documents; and (h) Copies of invoices, project status reports, receiving records and Contract close-out documents, as applicable. Statutory/Other Authority: ORS 184.619, 279A.065(6)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.050(3), 279A.065(6) & 279A.070 History: DOT 1-2019, amend filed 02/21/2019, effective 02/21/2019 DOT 4-2011, f. 12-22-11, cert. ef. 1-1-12 DOT 5-2005, f. & cert. ef. 8-23-05 DOT 3-2005(Temp), f. 2-16-05, cert. ef. 3-1-05 thru 8-27-05
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) & 279A.070 History: DOT 1-2019, amend filed 02/21/2019, effective 02/21/2019 DOT 5-2005, f. & cert. ef. 8-23-05 DOT 3-2005(Temp), f. 2-16-05, cert. ef. 3-1-05 thru 8-27-05
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 similar document issued to invite Offers from prospective Contractors under ORS Chapter 279B or 279C. The following are not Solicitation Documents unless they invite Offers from prospective Contractors: a Request for Qualifications, a prequalification of bidders, a request for information, a sole source notice, an approval of a Special Procurement, or a request for product prequalification. (2) Research Phase. ODOT is encouraged to conduct research with potential Contractors who can meet the State's needs. This research includes but is not limited to: (a) Meetings with potential Contractors; (b) Industry presentations; and (c) Demonstrations by Contractors that, in ODOT’s discretion, demonstrate Goods or Services that may be able to meet ODOT’s needs. (3) ODOT must document all items discussed during the research phase of solicitation development. The research phase ends the day of a Solicitation Document release, unless the Solicitation Document provides for a different process that permits on-going research. (4) Solicitation and Contracting Phase. Any communication between ODOT and Contractors regarding a solicitation, that occurs after the Solicitation Document release and before the Award of a Contract, must only be made within the context of the Solicitation Document. (5) Communication may allow for discussions, negotiations, Addenda, Contractor questions, and ODOT’s answers to Contractor questions about terms and conditions, specifications, amendments, or related matters. During this phase, telephone conversations and meetings must be documented in the Procurement File. Written inquiries regarding the solicitation should be responded to by ODOT in Writing. (6) A record of all communications regarding the solicitation by interested Contractors must be made a part of the Procurement File pursuant to OAR 731-146-0030. Statutory/Other Authority: ORS 184.619, 279A.065(6)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.065(5)(a) & 279A.070 History: DOT 1-2019, amend filed 02/21/2019, effective 02/21/2019 DOT 5-2005, f. & cert. ef. 8-23-05 DOT 3-2005(Temp), f. 2-16-05, cert. ef. 3-1-05 thru 8-27-05
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 modifications except as permitted in OAR 731-146-0180 or 137-047-0261. Statutory/Other Authority: ORS 184.619, 279A.065 & 279A.070 Statutes/Other Implemented: ORS 279A.050(3), 279A.065(6) & 279A.070 History: DOT 1-2019, adopt filed 02/21/2019, effective 02/21/2019
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 of the Emergency that includes: (1) A brief description of the Supplies and Services to be provided under the Contract, together with its cost or anticipated cost; (2) A brief explanation of how the Contract, in terms of duration and Services provided under it, was restricted to the Scope reasonably necessary to adequately deal only with the risk created or anticipated to be created by the Emergency circumstances; (3) A description of the emergency circumstances that require the prompt performance of the Contract, stating the anticipated harm from failure to establish the Contract on an expedited basis; and (4) Documentation of the measures taken, regardless of the dollar value of the Contract, to encourage competition that is reasonable and appropriate under the Emergency circumstances. Statutory/Other Authority: ORS 184.619 & 279A.065(6), 279A.070 Statutes/Other Implemented: ORS 279A.050(3), 279B.015, 279B.080, 279C.110(9), 279C.320 History: DOT 3-2020, adopt filed 07/17/2020, effective 07/17/2020
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 to OAR 137-047-0330 is replaced by a reference to OAR 731-146-0150 and any reference to OAR 137-047-0800 is replaced by a reference to OAR 731-146-0200 . (2) In addition to the general requirements set forth in Division 146 of these rules, applicable to all Public Contracting by ODOT under OAR Chapter 731, Divisions 147, 148, and 149, the rules in this Division 147 apply to Procurements conducted by ODOT under ORS Chapter 279B. (3) If a conflict arises between these rules and the Department of Justice Model Rules, General Provisions Related to Public Contracting (OAR Chapter 137, Division 046), these rules take precedence. Statutory/Other Authority: ORS 184.619, 279A.065(6) & 279A.070 Statutes/Other Implemented: ORS 279B.015 History: DOT 3-2020, amend filed 07/17/2020, effective 07/17/2020 DOT 1-2019, amend filed 02/21/2019, effective 02/21/2019 DOT 5-2013, f. 12-20-13, cert. ef. 1-1-14 DOT 4-2011, f. 12-22-11, cert. ef. 1-1-12 DOT 1-2010, f. & cert. ef. 5-18-10 DOT 5-2009(Temp), f. 12-22-09, cert. ef. 1-1-10 thru 6-30-10 DOT 7-2006, f. & cert. ef. 11-17-06 DOT 5-2006(Temp), f. & cert. ef. 5-25-06 thru 11-20-06 DOT 5-2005, f. & cert. ef. 8-23-05 DOT 3-2005(Temp), f. 2-16-05, cert. ef. 3-1-05 thru 8-27-05
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, ODOT shall publish a Public Notice in a manner similar to a Public Notice for a solicitation for Competitive Sealed Bids or Competitive Sealed Proposals. The Public Notice must describe the Goods or Services, or both, to be acquired by the Sole-Source Procurement; identify the prospective Contractor; and state the date, time and place that protests are due. ODOT will advertise the Public Notice at least seven (7) Days before Award of the Contract. (3) Protest. For Sole-Source Procurements requiring Public Notice under this rule, an Affected Person may protest the determination of ODOT that the Goods or Services or class of Goods or Services are available from only one source. Pursuant to ORS 279B.420(3)(f), before seeking judicial review, an Affected Person must file a Written protest with ODOT and exhaust all administrative remedies. (a) Delivery. Unless otherwise specified in the Public Notice of the Sole-Source Procurement, an Affected Person must deliver a Written protest to ODOT within seven (7) Days after the first date of Public Notice of the Sole-Source Procurement, unless a different protest period is provided in the Public Notice of a Sole-Source Procurement. (b) Content of Protest. The Written protest must include: (A) A detailed statement of the legal and factual grounds for the protest; (B) A description of the resulting harm to the Affected Person; and (C) The relief requested. (c) ODOT Response. ODOT shall not consider an Affected Person’s Sole-Source Procurement protest submitted after the timeline established for submitting such protest under this rule, or such different time period as may be provided in the Public Notice of the Sole-Source Procurement. ODOT shall issue a Written disposition of the protest in a timely manner. If ODOT upholds the protest, in whole or in part, the Contracting Agency shall not enter into a Sole-Source Contract. (d) Judicial Review. Judicial review of ODOT disposition of a Sole-Source Procurement protest shall be in accordance with ORS 279B.420. Statutory/Other Authority: ORS 184.619, 279A.065(6) & 279B.075 Statutes/Other Implemented: ORS 279B.075 History: DOT 3-2024, amend filed 06/12/2024, effective 06/12/2024 DOT 3-2020, amend filed 07/17/2020, effective 07/17/2020 DOT 1-2019, amend filed 02/21/2019, effective 02/21/2019 DOT 5-2005, f. & cert. ef. 8-23-05
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 Authority: ORS 184.619, 279A.065(6) & 279A.070 Statutes/Other Implemented: ORS 279A.050(3) & 279A.180 History: DOT 3-2020, adopt filed 07/17/2020, effective 07/17/2020
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 participation in state public improvement and maintenance projects under ORS 200.160, ODOT may limit competition under this rule if: (1) ODOT is purchasing Goods or Services; (2) Competition is limited to emerging small businesses certified under ORS 200.055; (3) The contract price is estimated at $250,000 or less; and (4) The Contract is funded by the Emerging Small Business Account established under ORS 200.180. Statutory/Other Authority: ORS 184.619, ORS 279.050(3) & ORS 279A.142 Statutes/Other Implemented: ORS 200.055, ORS 200.160 & ORS 200.180 History: DOT 8-2022, adopt filed 09/21/2022, effective 09/21/2022
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, Engineers, Photogrammetrists, Transportation Planners, Land Surveyors, and Providers of Related Services under Contracts, and set forth the procedures through which ODOT selects Consultants to perform Architectural, Engineering, Photogrammetric Mapping, Transportation Planning and Land Surveying Services or Related Services; and (b) Two-tiered procedures for selection of Architects, Engineers, Photogrammetrists, Transportation Planners, Land Surveyors and Providers of Related Services for certain Public Improvements owned and maintained by a Local Government. (2) In the event of conflict or ambiguity, the more specific requirements of the rules in this Division 148 take precedence over the more general requirements of the rules in Division 146. (3) The rules as a whole implement the Oregon Public Contracting Code, as defined in ORS 279A.010, and this Division 148 of the rules specifically addresses matters covered in ORS Chapter 279C.100 through 279C.125. (4) The dollar threshold amounts that are applicable to OAR 731-148-0200 (Direct Appointment Procedure), OAR 731-148-0205 (Small Purchase Procedure), and OAR 731-148-0220 (Formal Selection Procedure), are independent from and have no effect on the dollar threshold amounts that trigger the legal sufficiency review requirement under ORS 291.047. Statutory/Other Authority: ORS 184.619, 279A.065(6)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.050(3) & 279A.065 History: DOT 3-2020, amend filed 07/17/2020, effective 07/17/2020 DOT 1-2019, adopt filed 02/21/2019, effective 02/21/2019
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 Consultants are available, ODOT shall consider the qualifications of all available prospective Consultants and shall maintain a written record of ODOT’s efforts to locate available prospective Consultants. ODOT may draw prospective Consultants from: (a) A list of Consultants created and maintained by ODOT under OAR 731-148-0215 (Request for Qualifications); (b) A list of Consultants awarded Price Agreements under OAR 731-148-0270 (Price Agreements); (c) Any Consultants that ODOT reasonably can locate that offer the desired services; or (d) Any combination of (a) through (c) above. (3) ODOT shall select a Consultant using criteria appropriate for the services. (4) ODOT shall direct negotiations with a Consultant selected under this rule toward obtaining written agreement on: (a) The Consultant's performance obligations and performance schedule; (b) Payment methodology, Consultant’s rates and number of hours, and a maximum amount payable to the Consultant for the Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services required under the Contract that is fair and reasonable to ODOT as determined solely by ODOT, taking into account the value, scope, complexity and nature of the Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services; and (c) Any other conditions or provisions ODOT believes to be in ODOT's best interest to negotiate. (5) ODOT shall terminate the small purchase procedure and proceed under OAR 731-148-0220 (Formal Selection Procedure) if the scope of the anticipated Contract is revised during negotiations so that the Estimated Fee will exceed $250,000. Statutory/Other Authority: ORS 184.619, 279A.065(6)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.050(3), 279C.110 & 279C.115 History: DOT 3-2020, amend filed 07/17/2020, effective 07/17/2020 DOT 1-2019, adopt filed 02/21/2019, effective 02/21/2019
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 result in the best value for ODOT taking into account the scope, complexity and nature of the Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services. Provided, however, the tie breaking process established by ODOT under this section (1) cannot be based on the Consultant's pricing policies, pricing proposals or other pricing information, including the number of hours proposed for the services required, expenses, hourly rates, and overhead. The process must be designed to instill public confidence through ethical and fair dealing, honesty and good faith on the part of ODOT and Proposers and shall protect the integrity of the Public Contracting process. Once a tie is broken, ODOT and the selected Proposer shall proceed with negotiations under OAR 731-148-0200(3), 731-148-0205(4), 731-148-0210(4) or 731-148-0220(3)(d), as applicable. (2) If ODOT is selecting a Consultant on the basis of price alone, or on the basis of price and qualifications, and determines after the ranking of Proposers that two or more Proposers are identical in terms of price or are identical in terms of price and qualifications, then ODOT shall follow the procedure set forth in OAR 137-046-0300 (Preferences for Oregon Goods and Services) to select the Consultant. Statutory/Other Authority: ORS 184.619, 279A.065(6)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.050(3) & 279C.110 History: DOT 1-2019, adopt filed 02/21/2019, effective 02/21/2019
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 Appointment Procedure), OAR 731-148-0205 (Small Purchase Procedure), OAR 731-148-0210 (Informal Selection Procedure), OAR 731-148-0215 (Request for Qualifications) or OAR 731-148-0220 (Formal Selection Procedure), or reject all Proposals, responses to RFQs, responses to other preliminary Procurement documents, or any combination of the foregoing, if ODOT believes it is in the public interest to do so. In the event of any such cancellation, delay, suspension or rejection, ODOT is not liable to any Proposer for any loss or expense caused by or resulting from any such cancellation, delay, suspension or rejection. Consultants responding to either solicitations, RFQs or other preliminary Procurement documents are responsible for all costs they may incur in connection with submitting Proposals, responses to RFQs or responses to other preliminary Procurement documents. Statutory/Other Authority: ORS 184.619, 279A.065(6)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.050(3), 279A.065 & 279C.110 History: DOT 1-2019, adopt filed 02/21/2019, effective 02/21/2019
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 percentage of those costs; or (b) A percentage of the Project construction costs or total Project costs. (2) Except as otherwise allowed by law, ODOT shall not enter into any Contract in which: (a) The compensation paid under the Contract is solely based on or limited to the Consultant's hourly rates for the Consultant's personnel working on the Project and reimbursable expenses incurred during the performance of work on the Project (sometimes referred to as a "time and materials" Contract); and (b) The Contract does not include a maximum amount payable to the Consultant for the Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services required under the Contract. (3) Except in cases of Emergency or in the particular instances noted in the subsections below, ODOT shall not purchase any building materials, supplies or equipment for any building, structure or facility constructed by or for ODOT from any Consultant under a Contract with ODOT to perform Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services, for the building, structure or facility. This prohibition does not apply if either of the following circumstances exists: (a) The Consultant is providing Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services under a Contract with ODOT to perform Design-Build services or Energy Savings Performance Contract services (see OAR 137-049-0670 and 137-049-0680); or (b) That portion of the Contract relating to the acquisition of building materials, supplies or equipment was awarded to the Consultant pursuant to applicable law governing the award of such a Contract. Statutory/Other Authority: ORS 184.619, 279A.065(6)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.065 History: DOT 1-2019, adopt filed 02/21/2019, effective 02/21/2019
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 Improvement Contract procurements conducted pursuant to OAR chapter 731, division 149. (1) The following sentence is adopted instead of the first sentence of OAR 137-049-0330(1): Receipt. ODOT shall electronically or mechanically time-stamp or hand-mark each Offer and any modification or other submittals upon receipt, or provide a self-time-stamping device for use by Offerors for these purposes. (2) Per ORS 279C.337, construction manager/general contractor services shall be procured in accordance with the model rules the Attorney General adopts under ORS 279A.065 (3) as may be updated from time to time (see OAR 137-049-0690 et al); therefore, OAR 137-049-0610 through 137-049-0690 applicable to procurements of construction manager/general contractor services adopted pursuant to ORS 279A.065(3) and ORS 279C.337(1), are adopted herein. (3) The Oregon Department of Transportation does not adopt any Oregon Department of Justice Division 49 rule related to diesel engine requirements pursuant to ORS 279C.537. The Oregon Department of Transportation has adopted OAR 731-005-0800 and OAR 731-149-0020 to implement ORS 279C.537. (4) In the event of a conflict between the ODOT Chapter 731, Division 149 Rules and the Department of Justice Model Rules referenced above for Alternative Contracting Methods for Public Improvement Contracts, the Department of Justice Model Rules for Alternative Contracting Methods for Public Improvement Contracts control. Statutory/Other Authority: ORS 184.619 & 279A.065 Statutes/Other Implemented: ORS 279A.065 History: DOT 1-2024, amend filed 05/09/2024, effective 06/01/2024 DOT 4-2023, amend filed 11/13/2023, effective 11/13/2023 DOT 5-2013, f. 12-20-13, cert. ef. 1-1-14 DOT 4-2011, f. 12-22-11, cert. ef. 1-1-12 DOT 1-2010, f. & cert. ef. 5-18-10 DOT 5-2009(Temp), f. 12-22-09, cert. ef. 1-1-10 thru 6-30-10 DOT 7-2006, f. & cert. ef. 11-17-06 DOT 5-2006(Temp), f. & cert. ef. 5-25-06 thru 11-20-06 DOT 5-2005, f. & cert. ef. 8-23-05 DOT 3-2005(Temp), f. 2-16-05, cert. ef. 3-1-05 thru 8-27-05