Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 70 - OREGON INNOVATIVE PARTNERSHIPS PROGRAM › Section 731-070-0080 - Additional Unsolicited Proposal Disclosure Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(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