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 a proposal, ODOT may refine its examination of the proposal so that the features offered by a particular proposal are examined in light of the general criteria identified in section (3) of this rule. (2) In light of the exemption from the public contracting requirements of ORS Chapters 279A, 279B and 279C contained in ORS 367.806(6), the Department may consider factors including public need, technical and financial feasibility, transportation efficiency, cost effectiveness, and acceleration of project delivery when evaluating proposals for Transportation Projects. Instead of a lowest responsible bidder determination, ODOT’s proposal selection is determined on a best-value basis, taking into consideration: (a) Economy and potential savings to the public; (b) Policies described in this rule; and (c) Applicable criteria identified in OAR 731070-0110 and 731-070-0140. (3) In evaluating Unsolicited Proposals and in selecting projects for which to solicit proposals under OAR 731-070-0042, the Department may give precedence to proposals and projects that will satisfy one or more of the following policies: (a) Projects that address an urgent or state-identified transportation need in a manner that materially advances the project delivery time-frame in light of current or anticipated levels of funding and existing transportation plans. (b) Projects that use primarily rights-of-way and publicly-owned real property that already are owned or under the long-term control of ODOT or other public entities that have authority to put the real property to the use proposed. (c) Projects for which planning, reliable feasibility determinations, comparable, successful prior projects or case studies demonstrate a strong potential to attract or generate a substantial contribution of non-state or non-tax resources to pay project cost items like capital, operation and maintenance, and provide a reasonable return on that investment in terms of: (A) A private partner’s investment, if any; and (B) Transportation benefits to the public. (d) Projects for which planning, reliable feasibility determinations, comparable, successful prior projects or case studies demonstrate a low risk of failure (in terms of the completion of infrastructure improvements), practicable means of mitigating the risk of failure, or a high reward-to-risk ratio (in terms both of the benefits to the public and the private partner’s investment incentive). (e) Proposals that identify specific, reliable, confirmable and economically-viable, non-state or non-traditional sources of funding that will be available to supplement or replace state funding or other state resources for the project. (f) Projects for which there is a demonstration of clear and substantial public support. (g) Proposals that identify innovative construction approaches that will result in shorter build time, reduced construction cost or improved function in comparison to conventional approaches. 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