Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 70 - OREGON INNOVATIVE PARTNERSHIPS PROGRAM › Section 731-070-0010 - Definitions for the Oregon Innovative Partnerships Program

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 731-070-0005  to 731-070-0340:
(1) "Agency" means any agency of the State of
			 Oregon or any political subdivision thereof authorized by law to enter into
			 public contracts, as defined in ORS
			 279A.010(1),
			 and any public body created by intergovernmental agreement.
(2) "Commission" or "OTC" means the Oregon
			 Transportation Commission created by ORS
			 184.612 and any person or persons authorized or directed by the Commission to take any
			 action or make any decision authorized by these rules on the Commission's
			 behalf.
(3) "Department" or "ODOT"
			 means the Oregon Department of Transportation created by ORS
			 184.615.
(4) "Director" means the Director of
			 Transportation appointed under ORS
			 184.620 and any person or persons authorized or directed by the Director to take any
			 action or make any decision authorized by these rules on the Director's
			 behalf.
(5) "Key Persons" means key
			 officials of the proposing entity who play a critical role in running the
			 enterprise and whose loss or unavailability could jeopardize the success of the
			 venture. Any change or addition of Key Persons is subject to the provisions of
			 OAR 731-0080.
(6) "Local
			 government" has the meaning given that term in ORS
			 174.116.
(7) "Major Partner" means, with respect to a
			 limited liability company or joint venture, each firm, business organization or
			 person that has an ownership interest therein in excess of 5%.
(8) "Major Subcontractor" is any
			 subcontractor designated in the proposal to perform 10% or more of the scope of
			 work for a proposed Project.
(9)
			 "Private Contribution" means resources supplied by a private entity to
			 accomplish all or any part of the work on a transportation system project,
			 including funds, financing, income, revenue, cost sharing, technology, staff,
			 materials, equipment, expertise, data, or engineering, construction, or
			 maintenance services, or other items of value.
(10) "Program" or "OIPP" means the Oregon
			 Innovative Partnerships Program established under ORS
			 367.800 to
			 367.826.
(11) "Project Team" means the group of Key
			 Persons and staff of the proposer or consortium of proposers who will lead the
			 project.
(12) "Public-Private
			 Partnerships" or "PPP" means a nontraditional arrangement between the
			 Department and one or more private or public entities that provides for the
			 implementation of a Transportation Project. "Public-Private Partnership" or
			 "P3" does not have the meaning, attributes or incidents of a "partnership" as
			 used in ORS chapters 68 and 70 or in common law. Attributes may include:
(a) Acceptance of a private contribution to a
			 transportation system project or service in exchange for a public benefit
			 concerning that project or service;
(b) Sharing of resources and the means of
			 providing transportation system projects or services;
(c) Cooperation in researching, developing,
			 and implementing transportation system projects or services;
(d) Use of innovative funding methods;
			 or
(e) Expedited project
			 delivery.