reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 40 - TOLLWAY PROJECTS › Section 731-040-0055 - Proposals for OAR 731-040-0054, Interstate Bridges

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Proposers shall address all of the
			 criteria in OAR 731-040-0052  and 731-040-0054. Proposals shall be submitted to
			 the director and the department will review the proposal to determine if the
			 proposal is complete.
(2) Within 45
			 days from when the department determines that the proposal is complete, the
			 director will submit the proposal, any accompanying documents, and department
			 comments, if any, to the commission for review.
(3) If a proposal is submitted under this
			 section, no proposal needs to be submitted under OAR 731-040-0053.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  381.010,
				  381.098 &
				  383.004
Stats. Implemented: ORS 383
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 40 - TOLLWAY PROJECTS › Section 731-040-0056 - Process for Reviewing and Approving Revised Toll Rates, Generally

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Toll rates
			 previously approved through the process in OAR 731-040-0052  or OAR
			 731-0040-0054, including anticipated formulaic changes in rates, are not
			 subject to this rule.
(2) When
			 reviewing a proposal from private entities, local or regional governments,
			 public-private partnership created pursuant to ORS
			 367.806, or the department to
			 revise toll rates on existing tollways, the commission will consider:
(a) The amount and classification of the
			 traffic using, or anticipated to use, the tollway;
(b) The amount of the toll proposed to be
			 established for each class or category of tollway user and, if applicable, the
			 different amounts of the toll depending on time and day of use;
(c) The location of toll plazas or toll
			 collection devices to collect the toll for the tollway;
(d) The cost of reconstructing, improving,
			 maintaining, repairing and operating the tollway;
(e) The amount of indebtedness incurred for
			 the construction of the tollway and debt service requirements, if
			 any;
(f) The value of assets,
			 equipment and services required for the operation of the tollway;
(g) The period of time during which the toll
			 will be in effect;
(h) The process
			 for altering the amount of the toll during the period of operation of the
			 tollway;
(i) The methods of
			 collecting the toll;
(j) The rate
			 of return that would be fair and reasonable for a private equity holder, if
			 any, in the tollway;
(k) The
			 purpose and goals of the proposal, and their consistency with the other factors
			 considered here;
(l) The use of
			 tollway revenue;
(m) The
			 characteristics and status of the financial plan for the project, and the
			 consistency of the proposed, new toll schedule with the financial
			 plan;
(n) The financial condition
			 of the project;
(o) Department
			 estimates of the effects traffic diverted as a result of the new toll schedule,
			 if any, will have on other highways and communities;
(p) Consistency with Oregon statutes and the
			 Oregon Constitution; and
(q)
			 Whether implementation of the proposal would violate Federal rules or
			 statutes.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 40 - TOLLWAY PROJECTS › Section 731-040-0057 - Proposals for OAR 731-040-0056, Revised Toll Rates

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Proposers shall address all of the
			 criteria in OAR 731-040-0056. Proposals shall be submitted to the director, and
			 the department will review the proposal to determine if the proposal is
			 complete.
(2) Within 45 days from
			 when the department determines that the proposal is complete, the director will
			 submit the proposal, any accompanying documents, and department comments, if
			 any, to the commission for review.
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  383.004
Stats. Implemented: ORS 383
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 40 - TOLLWAY PROJECTS › Section 731-040-0058 - Additional Process for Reviewing and Approving Revised Toll Rates on Interstate Bridges

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Toll rates previously approved through the process in OAR 731-040-0052  or OAR
			 731-040-0054, including anticipated formulaic changes in rates, are not subject
			 to this rule.
(2) When reviewing a
			 proposal to revise toll rates on an interstate bridge that is or will be a
			 state highway, the commission will consider:
(a) All of the considerations established in
			 OAR 731-040-0056;
(b) Whether
			 another state has any authority over the bridge;
(c) Whether the proposed toll schedule has
			 been authorized or is expected to be authorized by the governing body with
			 jurisdiction over the project in the other state linked to Oregon by the
			 bridge;
(d) Whether the proposal is
			 consistent with conditions imposed by the governing body with jurisdiction over
			 the proposed toll schedule in the other state, if any;
(e) Whether the proposer has legal authority
			 to approve the toll schedule in the other state, and if not, the level of
			 coordination between the proposer and the entity having such authority;
			 and
(f) Existing bi-state
			 agreements on tollway projects.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 40 - TOLLWAY PROJECTS › Section 731-040-0059 - Proposals for OAR 731-040-0058, Revised Toll Rates for Interstate Bridges

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Proposers shall
			 address all of the criteria in OAR 731-040-0056  and 731-040-0058. Proposals
			 shall be submitted to the director, and the department will review the proposal
			 to determine if the proposal is complete.
(2) Within 45 days from when the department
			 determines that the proposal is complete, the director will submit the
			 proposal, any accompanying documents, and department comments, if any, to the
			 commission for review.
(3) If a
			 proposal is submitted under this section, no proposal needs to be submitted
			 under OAR 731-040-0057.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  381.010,
				  381.098 &
				  383.004
Stats. Implemented: ORS 383
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 40 - TOLLWAY PROJECTS › Section 731-040-0062 - Tolling System Compatibility with the State of Washington

Current through Register Vol. 63, No. 7, July 1, 2024
Toll collection and enforcement systems used on tollways in
				Oregon shall be inter-operable with toll collection and enforcement systems
				used in the State of Washington to the extent technology
				permits.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  383.014
Stats. Implemented: ORS
				  383.014
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 40 - TOLLWAY PROJECTS › Section 731-040-0064 - Civil Penalties for Failure to Pay a Toll

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to any other penalty or
			 sanction provided by law, a person who is required to pay a toll as described
			 in ORS 383.035 and fails to pay a toll
			 established pursuant to ORS
			 383.004, shall pay to the
			 department, for each unpaid toll:
(a) The
			 amount of the toll;
(b) For the
			 first unpaid toll, a civil penalty of $15; and,
(c) For each subsequent unpaid toll: The
			 limit provided in ORS
			 383.035;
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 50 - HIGHWAY PROJECTS › Section 731-050-0010 - Definition of District Highway

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of chapter 669, Oregon Laws 2001 (HB 2142),
				"District Highway" means a state facility of county-wide significance that
				functions largely as a county and city arterial or collector.
Stat. Auth.: ORS
				  184.616, ORS
				  184.619 & Sec. 2, Ch. 669,
				  OL 2001
Stat. Implemented: Sec. 2, Ch. 669, OL
				  2001
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 50 - HIGHWAY PROJECTS › Section 731-050-0020 - Definition of "Ready for Construction"

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of Section 57, Chapter 618, Oregon Laws 2003 (HB
				2041), "Ready for Construction" means that priority will be given to
				modernization projects, that as of the effective date of this rule:
(1) Have completed plans, specifications and
			 cost estimates (PS&E); and
(2)
			 In the event use of federal funds are likely in any aspect of the project, have
			 been approved for construction by the Federal Highway Administration
			 (FHWA).
Stat. Auth.: ORS
				  184.616,
				  184.619 & Sec. 57, Ch. 618,
				  OL 2003
Stat. Implemented: Sec. 57, Ch. 618, OL 2003
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 60 - COMMERCIAL PRODUCTS DEVELOPMENT PROGRAM (REPEALED) › Section 731-060-0000

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  184.631
Stat. Implemented: ORS
				  184.631
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 60 - COMMERCIAL PRODUCTS DEVELOPMENT PROGRAM (REPEALED) › Section 731-060-0010

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  184.631
Stat. Implemented: ORS
				  184.631
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 60 - COMMERCIAL PRODUCTS DEVELOPMENT PROGRAM (REPEALED) › Section 731-060-0020

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  184.631
Stat. Implemented: ORS
				  184.631
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 60 - COMMERCIAL PRODUCTS DEVELOPMENT PROGRAM (REPEALED) › Section 731-060-0030

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  184.631
Stat. Implemented: ORS
				  184.631
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 60 - COMMERCIAL PRODUCTS DEVELOPMENT PROGRAM (REPEALED) › Section 731-060-0040

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  184.631
Stat. Implemented: ORS
				  184.631
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 60 - COMMERCIAL PRODUCTS DEVELOPMENT PROGRAM (REPEALED) › Section 731-060-0050

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  184.631
Stat. Implemented: ORS
				  184.631
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 60 - COMMERCIAL PRODUCTS DEVELOPMENT PROGRAM (REPEALED) › Section 731-060-0060

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  184.631
Stat. Implemented: ORS
				  184.631
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 60 - COMMERCIAL PRODUCTS DEVELOPMENT PROGRAM (REPEALED) › Section 731-060-0070

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  184.631
Stat. Implemented: ORS
				  184.631
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 70 - OREGON INNOVATIVE PARTNERSHIPS PROGRAM › Section 731-070-0005 - Purpose and Intent of the Oregon Innovative Partnerships Program

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 70 - OREGON INNOVATIVE PARTNERSHIPS PROGRAM › Section 731-070-0020 - General Selection Policies

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 70 - OREGON INNOVATIVE PARTNERSHIPS PROGRAM › Section 731-070-0030 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  367.824
Stat. Implemented: ORS
				  367.800 -
				  367.824
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 70 - OREGON INNOVATIVE PARTNERSHIPS PROGRAM › Section 731-070-0040 - Protection of ODOT from Proposer "Monopolization" of Site Claims

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 70 - OREGON INNOVATIVE PARTNERSHIPS PROGRAM › Section 731-070-0042 - Solicitation of Proposals for OIPP Projects

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 70 - OREGON INNOVATIVE PARTNERSHIPS PROGRAM › Section 731-070-0044 - Negotiations

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 70 - OREGON INNOVATIVE PARTNERSHIPS PROGRAM › Section 731-070-0046 - Solicitation Documents

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 70 - OREGON INNOVATIVE PARTNERSHIPS PROGRAM › Section 731-070-0048 - Public Notice of Solicitation

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 70 - OREGON INNOVATIVE PARTNERSHIPS PROGRAM › Section 731-070-0050 - Submission of Unsolicited Proposals for OIPP Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 70 - OREGON INNOVATIVE PARTNERSHIPS PROGRAM › Section 731-070-0055 - Fees to Accompany Applications for Prequalification and Unsolicited Proposals

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 70 - OREGON INNOVATIVE PARTNERSHIPS PROGRAM › Section 731-070-0060

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  184.619  & 367.824
Statutes/Other Implemented: ORS
				  367.800 - 367.824
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 70 - OREGON INNOVATIVE PARTNERSHIPS PROGRAM › Section 731-070-0065 - Prequalification of Proposers of Unsolicited Proposals

Current through Register Vol. 63, No. 7, July 1, 2024
To submit an Unsolicited Proposal, an entity must first submit
				a completed Application for Prequalification and receive notice of approval for
				prequalification from ODOT.
(1) ODOT
			 may establish the required content and format of the application and criteria
			 used to evaluate Applications for Prequalification. ODOT will publish on its
			 external website:
(a) The location at which
			 interested entities may obtain prequalification application forms, information
			 about prequalification criteria and other related documents, if any;
			 and
(b) The name, title, and
			 address of the person designated to receive the prequalification
			 applications.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 70 - OREGON INNOVATIVE PARTNERSHIPS PROGRAM › Section 731-070-0110

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  367.824
Stat. Implemented: ORS
				  367.800 -
				  367.824
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 70 - OREGON INNOVATIVE PARTNERSHIPS PROGRAM › Section 731-070-0120

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619 & 367.824Stat.
				  Implemented: ORS 367.800 -
				  367.824
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 70 - OREGON INNOVATIVE PARTNERSHIPS PROGRAM › Section 731-070-0130

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  367.824
Stat. Implemented: ORS
				  367.800 -
				  367.824
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 70 - OREGON INNOVATIVE PARTNERSHIPS PROGRAM › Section 731-070-0140

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  367.824
Stat. Implemented: ORS
				  367.800 -
				  367.824
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 70 - OREGON INNOVATIVE PARTNERSHIPS PROGRAM › Section 731-070-0145 - Evaluation of Unsolicited Proposals

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 70 - OREGON INNOVATIVE PARTNERSHIPS PROGRAM › Section 731-070-0160

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  367.824
Stat. Implemented: ORS
				  367.800 -
				  367.824
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 70 - OREGON INNOVATIVE PARTNERSHIPS PROGRAM › Section 731-070-0170

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  367.824
Stat. Implemented: ORS
				  367.800 -
				  367.824
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 70 - OREGON INNOVATIVE PARTNERSHIPS PROGRAM › Section 731-070-0180

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619 & 367.824Stat.
				  Implemented: ORS 367.800 -
				  367.824
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 70 - OREGON INNOVATIVE PARTNERSHIPS PROGRAM › Section 731-070-0190 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619 & 367.824Stat.
				  Implemented: ORS 367.800 -
				  367.824
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 70 - OREGON INNOVATIVE PARTNERSHIPS PROGRAM › Section 731-070-0195 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619 & 367.824Stat.
				  Implemented: ORS 367.800 -
				  367.824
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 70 - OREGON INNOVATIVE PARTNERSHIPS PROGRAM › Section 731-070-0200 - Negotiation of Agreements for Transportation Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Director will refer a proposal
			 selected for negotiation of a final agreement to a working group. The working
			 group is responsible for negotiating the final agreement with the proposer.
			 Each final agreement will define the rights and obligations of ODOT and the
			 respective proposer with regard to the Transportation Project. The final
			 agreement must include provisions specifying at least the following:
(a) At what point in the Transportation
			 Project public and private sector partners will enter the Project and which
			 partners will assume responsibility for specific Project elements;
(b) How the partners will share management of
			 the risks of the Project;
(c) How
			 the partners will share the costs of development of the Project;
(d) How the partners will allocate financial
			 responsibility for cost overruns;
(e) The penalties for
			 nonperformance;
(f) The incentives
			 for performance;
(g) The invoicing
			 and payment procedures and schedules to be followed, and the accounting and
			 auditing standards to be used to evaluate work on the Project; and
(h) Whether the Project is consistent with
			 the plan developed by the Oregon Transportation Commission under ORS
			 184.618 and any
			 applicable regional transportation plans or local transportation programs and,
			 if not consistent, how and when the Project will become consistent with
			 applicable plans and programs.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 70 - OREGON INNOVATIVE PARTNERSHIPS PROGRAM › Section 731-070-0210 - ODOT Objection to Subcontractors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to the execution of any contract
			 with a proposer, the proposer must provide ODOT a list of all Major
			 Subcontractors identified in its proposal who will perform work in the
			 construction, operation or maintenance of the Project. All subcontractors must
			 be legally eligible to perform or work on public contracts under federal and
			 Oregon law and regulations. Subcontractors who are ineligible to receive public
			 works contracts under ORS
			 279C.860 are not eligible to receive contracts on OIPP projects. During performance of
			 the contract, the proposer shall promptly notify ODOT of the engagement or
			 disengagement of any Major Subcontractor. If ODOT has reasonable objection to
			 any proposed subcontractor, ODOT may require, before the execution of a
			 contract, an apparently successful proposer to submit an acceptable substitute,
			 as determined by ODOT.
(2) The
			 resulting contract may be modified at ODOT's discretion to equitably account
			 for any difference in cost resulting from the substitution. An apparently
			 successful proposer has 14 calendar days from the date of ODOT's written demand
			 for substitution in which to make an acceptable substitution. An apparently
			 successful proposer's failure to make an acceptable substitution at the end of
			 the 14-calendar day period constitutes sufficient grounds for ODOT to refuse to
			 execute a contract without incurring any liability for the refusal.
(3) If the apparently successful proposer
			 identified a Major Subcontractor in its proposal as an equity contributor to
			 the Project, or the Major Subcontractor had committed other financial support
			 relied on by the proposer, the apparently successful proposer shall be granted
			 60 business days to identify an acceptable substitute Major Subcontractor.
			 Following identification of the Major Subcontractor, the apparently successful
			 proposer shall be granted an additional 30 business days to conclude
			 negotiations of acceptable terms and conditions with that substitute Major
			 Subcontractor.
Statutory/Other Authority: ORS
				  184.619  & 367.824
Statutes/Other Implemented: ORS
				  367.800 -
				  367.824
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 70 - OREGON INNOVATIVE PARTNERSHIPS PROGRAM › Section 731-070-0220 - Legal Sufficiency Review of Final Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
On completion of a final agreement, the Attorney General will
				review it for legal sufficiency under ORS
				291.047 and OAR chapter 137, division 045. When conducting that review, the Attorney
				General shall:
(1) Recognize that the
			 agreement is the product of a partnership; and
(2) Defer to the business judgment of the
			 Department and the Oregon Transportation Commission concerning the assignment
			 of risks and the incentives provided within the agreement.
Statutory/Other Authority: ORS
				  184.619  & 367.824
Statutes/Other Implemented: ORS
				  367.800 -
				  367.824
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 70 - OREGON INNOVATIVE PARTNERSHIPS PROGRAM › Section 731-070-0230 - Commission Review of Final Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
On completion of the Attorney General's legal sufficiency
				review of the final agreement, the Commission shall:
(1) Approve the final agreement;
(2) Reject the final agreement; or
(3) Return the final agreement to the working
			 group for further negotiation on issues the Commission specifies.
Statutory/Other Authority: ORS
				  184.619  & 367.824
Statutes/Other Implemented: ORS
				  367.800 -
				  367.824
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 70 - OREGON INNOVATIVE PARTNERSHIPS PROGRAM › Section 731-070-0280 - Public Records Requests

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Upon written request and within a reasonable time, the Director will provide
			 records relating to Transportation Project proposals for inspection in
			 accordance with ORS Chapter 192, ORS
			 367.804,
			 and OAR 731-001-0025.
(2) ODOT may
			 charge fees to cover its reasonable and actual costs in responding to public
			 records requests. Such costs may include but are not limited to costs
			 associated with locating records, separating exempt from nonexempt records,
			 monitoring the requester's inspection of requested records, copying records and
			 delivering copies of requested records. In accordance with OAR 731-001-0025,
			 ODOT may charge fees calculated to reimburse it for its reasonable and actual
			 costs as authorized by the relevant provisions of the Public Records
			 Law.
Statutory/Other Authority: ORS
				  184.619  & 367.824
Statutes/Other Implemented: ORS
				  367.800 -
				  367.824
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 70 - OREGON INNOVATIVE PARTNERSHIPS PROGRAM › Section 731-070-0290 - Designation of Sensitive Business, Commercial or Financial Information and Trade Secrets

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 following procedure shall be followed by proposers to designate information as
			 "sensitive business, commercial or financial information" under ORS
			 367.804(6):
			 each individual page of a proposal that contains sensitive business, commercial
			 or financial information must be clearly marked "Sensitive Business, Commercial
			 or Financial Information."
(2) If a
			 proposer considers certain information "trade secret" information for purposes
			 of the public records exemption from disclosure set out in ORS
			 192.345(2),
			 the proposer must clearly mark each individual page of a plan or progress
			 report that contains trade secret information as "Trade Secret."
Statutory/Other Authority: ORS
				  184.619  & 367.824
Statutes/Other Implemented: ORS
				  367.800 -
				  367.824
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 70 - OREGON INNOVATIVE PARTNERSHIPS PROGRAM › Section 731-070-0295 - Consultation with Local Government, Metropolitan Planning Organization or Area Commission on Transportation

Current through Register Vol. 63, No. 7, July 1, 2024
As part of its evaluation of a proposal submitted under these
				rules, ODOT will consult with appropriate local governments, metropolitan
				planning organizations and area commissions on transportation. Consultation
				under this rule will occur in such manner and at such time as ODOT considers
				appropriate in the particular circumstance.
Statutory/Other Authority: ORS
				  184.619  & 367.824
Statutes/Other Implemented: ORS
				  367.800 -
				  367.824
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 70 - OREGON INNOVATIVE PARTNERSHIPS PROGRAM › Section 731-070-0300 - ODOT Rights Reserved

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 ODOT reserves all rights available to it by law in administering these rules,
			 including without limitation, the right in its sole discretion to:
(a) Prioritize proposals to be reviewed and
			 determine the order of review.
(b)
			 Reject any proposal at any time.
(c) Terminate evaluation of any proposal at
			 any time.
(d) Suspend, discontinue,
			 or terminate agreement negotiations with any proposer at any time prior to the
			 actual authorized execution of such agreement by all parties.
(e) Negotiate with a proposer without being
			 bound by any provision in its proposal.
(f) Extend any deadline or time within which
			 a proposer or ODOT must take any action required or permitted under OAR chapter
			 731, division 70
(g) Request or
			 obtain additional information about any proposals.
(h) Issue addenda to or cancel any Request
			 For Proposals.
(i) Decline to
			 return any fees required to be paid by proposers hereunder.
(j) Request revisions to proposals.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 70 - OREGON INNOVATIVE PARTNERSHIPS PROGRAM › Section 731-070-0310

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  367.824
Stat. Implemented: ORS
				  367.800 -
				  367.824
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 70 - OREGON INNOVATIVE PARTNERSHIPS PROGRAM › Section 731-070-0320

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  367.824
Stat. Implemented: ORS
				  367.800 -
				  367.824
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 70 - OREGON INNOVATIVE PARTNERSHIPS PROGRAM › Section 731-070-0330

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  367.824
Stat. Implemented: ORS
				  367.800 -
				  367.824
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 70 - OREGON INNOVATIVE PARTNERSHIPS PROGRAM › Section 731-070-0350

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  367.824
Stat. Implemented: ORS
				  367.800 -
				  367.824
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 70 - OREGON INNOVATIVE PARTNERSHIPS PROGRAM › Section 731-070-0360 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  367.824
Stat. Implemented: ORS
				  367.800 -
				  367.824
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 80 - ROAD USER FEE PILOT PROGRAM › Section 731-080-0010 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619, Ch. 862, OL 2001 &
				  Ch. 618, OL 2003
Stats. Implemented: Ch. 862, OL 2001 & Ch. 618, OL 2003
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 80 - ROAD USER FEE PILOT PROGRAM › Section 731-080-0020 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619, Ch. 862, OL 2001 &
				  Ch. 618, OL 2003
Stats. Implemented: Ch. 862, OL 2001 & Ch. 618, OL 2003
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 80 - ROAD USER FEE PILOT PROGRAM › Section 731-080-0030 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619, Ch. 862, OL 2001 &
				  Ch. 618, OL 2003
Stats. Implemented: Ch. 862, OL 2001 & Ch. 618, OL 2003
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 80 - ROAD USER FEE PILOT PROGRAM › Section 731-080-0040 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619, Ch. 862, OL 2001 &
				  Ch. 618, OL 2003
Stats. Implemented: Ch. 862, OL 2001 & Ch. 618, OL 2003
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 80 - ROAD USER FEE PILOT PROGRAM › Section 731-080-0070 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619, Ch. 862, OL 2001 &
				  Ch. 618, OL 2003
Stats. Implemented: Ch. 862, OL 2001 & Ch. 618, OL 2003
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 80 - ROAD USER FEE PILOT PROGRAM › Section 731-080-0080 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619, Ch. 862, OL 2001 and
				  Ch. 618, OL 2003
Stats. Implemented: Ch. 862, OL 2001 and Ch. 618, OL 2003
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 90 - ROAD USAGE CHARGE PROGRAM › Section 731-090-0000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Account
			 Manager" means a Certified Service Provider under ORS
			 319.915.
			 It is either the Department or a Commercial Account Manager. Should the
			 Department outsource the agency's account management function for Road Usage
			 Charging to an ODOT Account Manager, "Account Manager" shall include the ODOT
			 Account Manager.
(2) "Anonymized
			 Information" means information that does not identify or describe a
			 person.
(3) "Anonymized Aggregated
			 information" means aggregated information accumulated in a way that preserves
			 the anonymity of the persons participating in the Road Usage Charge Program,
			 and does not identify or describe a person or create travel pattern
			 data.
(4) "Certified Service
			 Provider" means an entity that has entered into an agreement with the
			 Department of Transportation under ORS
			 367.806 for reporting
			 metered use by a subject vehicle or for administrative services related to the
			 collection of per-mile road usage charges and authorized employees of the
			 entity. For these rules, Account Manager will be used in lieu of Certified
			 Service Provider.
(5) "Commercial
			 Account Manager" means an entity, operating within a commercial market, which
			 has entered into an agreement with the Department under ORS
			 367.806 for reporting
			 metered use by a subject vehicle or for administrative services related to the
			 collection of Road Usage Charges and authorized employees of the
			 entity.
(6) "Consent" means
			 voluntary agreement given to retain location and daily metered use beyond the
			 period required by ORS
			 319.915(4)
			 (a).
(a) A
			 RUC Payer must provide consent to an Account Manager in a manner separate and
			 apart from a general approval of terms and conditions. A written request by the
			 RUC Payer to an Account Manager constitutes consent.
(b) The consent may not be presented as, or
			 serve as a condition to, a Road Usage Charge service agreement between the ODOT
			 Account Manager and the RUC Payer.
(c) For consent to be valid under this rule,
			 an Account Manager must notify the RUC Payer of the Account Manager's request
			 to consent to retain the records, including a specific description of the
			 information to be retained and the retention timeframe.