reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 90 - ROAD USAGE CHARGE PROGRAM › Section 731-090-0010 - Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An Account
			 Manager may not disclose Personally Identifiable Information (PII) used or
			 developed for reporting metered use by a subject vehicle or for administration
			 services related to the collection of Road Usage Charges to any person except
			 as allowed by ORS
			 319.915(3).An
			 ODOT Account Manager may not disclose PII without written approval of the
			 Department.
(2) If the RUC Payer
			 declines to give express approval for disclosure of PII to an entity, such an
			 act must not invalidate any Road Usage Charge service agreement existing
			 between the Account Manager and the RUC Payer.
(3) Not later than 30 days after completion
			 of payment processing, dispute resolution for a single payment period or a
			 noncompliance investigation, whichever is latest, the Account Manager shall
			 destroy records of location and daily metered use of subject vehicles.
(a) A Commercial Account Manager may retain
			 and use records of location and daily metered use of subject vehicles if the
			 RUC Payer consents to the retention and use.
(b) If the Net Road Usage Charge results in a
			 refund, records of location and daily metered use of subject vehicles will be
			 destroyed 30 days after check issuance, dispute resolution for a single refund
			 period, or a noncompliance investigation, whichever is
			 latest.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 90 - ROAD USAGE CHARGE PROGRAM › Section 731-090-0020 - RUC Payer: Enrolling in the Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For a vehicle to be eligible for
			 participation in the Road Usage Charge Program, the registered owner or lessee
			 of the motor vehicle must:
(a) Have the
			 vehicle registered in Oregon;
(b)
			 Select a Mileage Reporting Method and an Account Manager from options certified
			 by the Department;
(c) Complete an
			 application with the Account Manager, on a form approved by the Department;
			 and
(d) Equip or activate a Mileage
			 Reporting Method within the vehicle.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 90 - ROAD USAGE CHARGE PROGRAM › Section 731-090-0030 - RUC Payer: Mileage Calculation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Account Managers shall collect road
			 usage data by methods approved and certified by the Department. The Department
			 will authorize the following methods for collecting road usage data:
(a) Mileage reporting that uses vehicle
			 location capability (Advanced); or
(b) Mileage reporting that contains no
			 vehicle location capability (Basic); or
(c) Mileage reporting that alternates between
			 Basic and Advanced functionality at the RUC Payer's discretion
			 (Switchable).
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 90 - ROAD USAGE CHARGE PROGRAM › Section 731-090-0040 - RUC Payer: Reporting and Payment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All RUC Payers, or the Account Manager
			 that reports on their behalf, must report and pay the Road Usage Charge for
			 their subject vehicles.
(2) All RUC
			 Payers must report all miles subject to the Road Usage Charge during a Metered
			 Use Reporting Period to their Account Manager. The Mileage Reporting Method
			 must be configured to report metered use at least once a month.
(3) RUC Payers who have paid Oregon fuels tax
			 will receive a credit to be applied against their Road Usage Charge.
(a) If the subject vehicle's Mileage
			 Reporting Method is unable to calculate actual fuel consumption, the Account
			 Manager will use the Combined Fuel Economy Rating for the vehicle as determined
			 by the United States Environmental Protection Agency, or other reliable
			 available information.
(b) Electric
			 Vehicles will not receive a fuels tax credit.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 90 - ROAD USAGE CHARGE PROGRAM › Section 731-090-0050 - Exiting the Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) RUC
			 Payers who are exiting the Program must inform their Account Manager of their
			 service cancellation in a manner prescribed by that Account Manager.
(2) RUC Payers must pay any outstanding Road
			 Usage Charge fees upon their exit from the program.
(3) RUC Payers enrolled with the ODOT Account
			 Manager must return their Mileage Reporting Device.
(4)The Department may remove a RUC Payer from
			 the Program for failure to pay the Road Usage Charge, or for fraud or
			 tampering, as described in ORS
			 815.555.
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  319.883 -
				  319.990
Stats. Implemented: ORS
				  319.915
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 90 - ROAD USAGE CHARGE PROGRAM › Section 731-090-0060 - Fraud

Current through Register Vol. 63, No. 7, July 1, 2024
RUC Payers who are suspected of tampering with their Mileage
				Reporting Device will be subjected to a non-compliance investigation by the
				Department, and depending on the results of the investigation, may be subject
				to a penalty of 10 percent of delinquent payments in addition to actual damages
				and a Class A traffic violation.
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  319.883 -
				  319.990
Stats. Implemented: ORS
				  319.915
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 90 - ROAD USAGE CHARGE PROGRAM › Section 731-090-0070 - RUC Payer: Refunds for Out of State Mileage/Non-Public Road Mileage

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any RUC Payer
			 who has been assessed Road Usage Charges for miles operated off of public
			 roads, or roads outside of Oregon, or otherwise has overpaid the Road Usage
			 Charge, may request a refund from the Department on a form prescribed by the
			 Department. The Department will determine, on a case by case basis, what travel
			 is eligible for refund.
(2) The
			 refund request may be no later than 15 months after the date on which the RUC
			 Payer pays the Road Usage Charge for which a refund is claimed.
(3) Refund requests must be accompanied by
			 information acceptable to the Department to support the refund claim.
			 Acceptable information may include, but is not limited to, odometer readings,
			 vehicle trip records indicating out-of-state or non-public road usage of the
			 vehicle, and other documentation supporting a claim. RUC Payers that do not
			 maintain and report this information will not be entitled to a
			 refund.
(4) RUC Payers may use
			 daily metered use and location data, as captured by the Mileage Reporting
			 Method, to support their refund claim, only if the Mileage Reporting Method has
			 the capability to differentiate between public and non-public road usage and
			 out of state miles, to a degree acceptable to the Department, and the RUC Payer
			 has requested in writing that the RUC Payer's Account Manager maintain this
			 data past timeframes established in ORS
			 319.915.
(5) Refund checks will be issued by the
			 Department in January for refunds requested during the previous calendar
			 year.
Statutory/Other Authority: ORS
				  184.616,
				  184.619  & 319.883 - 319.990
Statutes/Other Implemented: ORS
				  319.280,
				  319.831,
				  319.885,
				  319.890,
				  319.900,
				  319.905  & 319.910
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 90 - ROAD USAGE CHARGE PROGRAM › Section 731-090-0080 - Commercial Account Managers

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Commercial Account Managers shall provide Metered Use Reports to the Department
			 on intervals as defined in contract.
(2) Official Tax Reports and payments from
			 Commercial Account Managers of aggregate Road Usage Charges, including charges
			 not yet remitted by enrolled RUC payers for the Official Tax Reporting Period,
			 will be due to the Department on or before the 20th day following the end of
			 the calendar quarter. The Commercial Account Manager is liable for the tax
			 accumulated by its enrolled RUC Payers.
(3) Reports and payments that are not
			 reported in compliance with this section will be assessed penalties and
			 interest as per the contract with the Commercial Account Manager.
(4) The Department may waive the late payment
			 charges and interest at its discretion based on individual circumstances for
			 good cause shown.
(5) The
			 Department may, at any time during normal business hours, examine the financial
			 records of a Commercial Account Manager, which are applicable to Road Usage
			 Charge collections, including any entities with which the Commercial Account
			 Manager has partnered, sub-contracted or otherwise engaged to provide any
			 aspect of the Commercial Account Manager's Road Usage Charge services for the
			 Department. This includes examination of physical ledgers, documents and
			 account information as well as access to electronic records, financial systems
			 or any other type of records the Department deems necessary to ensure the
			 integrity of the collection process, in compliance with ORS Chapter
			 319.
(6) Commercial Account
			 Managers will make financial records available to the department at a location
			 in Oregon. Commercial Account Managers who fail to make records available for
			 inspection are subject to assessment of under-paid Road Usage Charges based on
			 Best Available Information, subsequent collection action and possible
			 cancellation of the Commercial Account Manager's agreement with the Department
			 according to the terms of that agreement.
Statutory/Other Authority: ORS
				  184.616 & 184.619
Statutes/Other Implemented: ORS
				  319.900,
				  319.885,
				  319.905 &
				  319.910
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 90 - ROAD USAGE CHARGE PROGRAM › Section 731-090-0090 - ODOT Account Manager

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Department may outsource the agency's account management function for the
			 Road Usage Charging to an ODOT Account Manager.
(2) The ODOT Account Manager shall provide
			 Metered Use Reports to the Department on intervals as defined in
			 contract.
(3) Official Tax Reports
			 and associated Tax Remittance Report from the ODOT Account Manager will be due
			 to the Department on or before the 20th day following the end of the calendar
			 quarter.
(4) Official Tax
			 Remittance from the ODOT Account Manager of aggregate Road Usage Charges, which
			 have already been invoiced and paid by the RUC Payer to the ODOT Account
			 Manager, will be due to the Department as soon as payment is made by the RUC
			 Payer. RUC Payers enrolled with the ODOT Account Manager are ultimately liable
			 for the tax.
(5) Reports and
			 payments that are not reported in compliance with this section will be assessed
			 penalties and interest as per the contract with the ODOT Account
			 Manager.
(6) The Department may
			 waive the late payment charges and interest at its discretion for good cause
			 shown.
(7) The Department may, at
			 any time during normal business hours, examine the financial records of the
			 ODOT Account Manager, which are applicable to Road Usage Charge collections,
			 including any entities with which the ODOT Account Manager has partnered,
			 sub-contracted or otherwise engaged to provide any aspect of the Account
			 Manager's Road Usage Charge services for the Department. This includes
			 examination of physical ledgers, documents and account information as well as
			 access to electronic records, financial systems or any other type of records
			 the Department deems necessary to ensure the integrity of the collection
			 process, in compliance with ORS Chapter 319.
(8) The ODOT Account Manager will make
			 financial records available to the department at a location in Oregon. Account
			 Managers who fail to make records available for inspection are subject to
			 assessment of under-paid Road Usage Charges based on Best Available
			 Information, subsequent collection action and possible cancellation of the ODOT
			 Account Manager's agreement with the Department according to the terms of that
			 agreement.
Statutory/Other Authority: ORS
				  184.616 & 184.619
Statutes/Other Implemented: ORS
				  319.900,
				  319.885,
				  319.905 &
				  319.910
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 146 - GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 731-146-0010 - Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon
			 Department of Transportation (ODOT) adopts OAR 137-046-0100  through
			 137-046-0480  in effect as of April 15, 2017.
(2) Unless the context of a specifically
			 applicable definition in the Code or Model Rules requires otherwise,
			 capitalized terms used in ODOT's public contracting rules (ODOT's Rules) will
			 have the meaning set forth in the division of ODOT's Rules in which they
			 appear, and if not defined there, the meaning set forth in Code or Model
			 Rules.
(3) Unless expressly stated
			 otherwise in a rule below, these division 146 rules apply to all procurements
			 conducted under divisions 147, 148 and 149. If a conflict arises between these
			 division 146 rules and rules in divisions 147, 148 and 149, the rules in
			 divisions 147, 148 and 149 take precedence over these division 146
			 rules.
(4) If a conflict arises
			 between these rules and the Department of Justice Model Rules, General
			 Provisions Relating to Public Contracting, these rules take
			 precedence.
Statutory/Other Authority: ORS
				  184.619  & 279A.065
Statutes/Other Implemented: ORS
				  279A.030  & 279A.065
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 146 - GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 731-146-0012 - Delegation of Authority

Current through Register Vol. 63, No. 7, July 1, 2024
The ODOTChief Procurement Officer may act on behalf of ODOT
				and, by written agreement between ODOT and DAS, delegate to DAS on a
				case-by-case basis Procurements which are under ODOT's authority. If such
				delegation is accepted, DAS shall process these procurements under Oregon
				Administrative Rules Chapter 125, Divisions 246, 247, 248, and 249. The
				ODOTChief Procurement Officer may rescind any written agreement issued under
				this rule.
Statutory/Other Authority: ORS
				  184.619,
				  279A.065(6)(a)
				  & 279A.070
Statutes/Other Implemented: ORS
				  279A.050(3),
				  279A.065(6)
				  & 279A.070
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 146 - GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 731-146-0015

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279A.140(2)
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 146 - GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 731-146-0020 - s

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279A.140(h)(A)
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 146 - GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 731-146-0025 - Independent Contractor Status For Services Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ODOT must develop a statement of work for
			 services that will not result in an employee relationship with the potential
			 Contractor.
(2) An independent
			 contractor certification by Contractors must be included as a contract
			 provision in each contract.
(3) If
			 the nature of the services or project is such that an employee/employer
			 relationship will exist, ODOT must hire the individual through normal personnel
			 procedures.
(4) The Contract must
			 include the Contractor's legal name and address. The Contractor must provide
			 its federal Employer Identification Number or Social Security Number to
			 ODOT.
(5) The Contract must provide
			 that the Contractor is responsible for federal Social Security, except those
			 categories excluded by law, and for any federal or state taxes applicable to
			 the contract payment.
(6) Failure
			 to comply with subsections (1) through (6) of this section may result in
			 withdrawal of intent to award or termination of the Contract.
Statutory/Other Authority: ORS
				  184.619,
				  279A.065(6)(a)
				  & 279A.070
Statutes/Other Implemented: ORS
				  279A.050(3)
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 146 - GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 731-146-0030 - Procurement Files

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Application. This Rule applies to Procurement Files as defined in this section.
			 "Procurement Files" means any of the following files maintained by ODOT: a
			 solicitation, Contract, Price Agreement, work order contract, amendment or
			 Contract Administration file, separately or collectively.
(2) Procurement File documentation and level
			 of detail should be directly related to the dollar value and risk of the
			 procurement. Each Procurement File must contain:
(a) An executed Contract, if
			 awarded;
(b) The record of the
			 actions used to develop the Contract;
(c) A copy of the Solicitation Document, if
			 any;
(d) Any required findings or
			 statement of justification for the selection of the Contractor and sourcing
			 method pursuant to ORS
			 279A.200 through
			 279A.220 (Cooperative Procurement); 279B.055 through 279B.085 (seven methods for Goods
			 or Services); 279C.100 through 279C.125 (Architectural, Engineering,
			 Photogrammetric Mapping, Transportation Planning or Land Surveying and Related
			 Services); or 279C.300 through 279C.450 (Public Improvements);
(e) A list of prospective Contractors
			 notified of any solicitation;
(f)
			 The method used to advertise or notify prospective Contractors of any
			 solicitation;
(g) Copy of each
			 Offer that resulted in the Award of a Contract;
(h) The method of evaluating Offers, the
			 results of the evaluation, and basis of selection;
(i) The record of any negotiation of the
			 statement of work, costs, and results;
(j) A record of any material communications
			 regarding the solicitation by interested Contractors; and
(k) A copy of the Request for Special
			 Procurement, if any.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 146 - GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 731-146-0040

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279A.050,
				  279A.065(5),
				  279A.070 &
				  279A.140
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 146 - GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 731-146-0050 - Contract Administration; General Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 146 - GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 731-146-0060 - Payment Authorization of Cost Overruns

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Payments on Contracts that exceed the
			 maximum contract consideration require prior written approval from ODOT'sChief
			 Procurement Officer and may require approval from the Department of Justice
			 pursuant to OAR 137-045-0010  et seq. Approval may be provided if there is
			 compliance with all of the following:
(a) The
			 Contract was duly executed and, if required, approved by the Attorney
			 General.
(b) The Contract has not
			 expired or been terminated as of the date Written approval to increase the
			 Contract amount is granted.
(c) The
			 cost overrun is for a change outside of the scope ofthe statement of work set
			 out in the Contract.
(d) The cost
			 overrun arose out of extraordinary circumstances or conditions encountered in
			 the course of contract performance that were reasonably not anticipated at the
			 time the Contract, or the most recent amendment, if any, was signed. Such
			 circumstances include, but are not limited to cost overruns that:
(A) Address emergencies arising in the course
			 of the Contract that require prompt action to protect the work already
			 completed.
(B) Comply with official
			 or judicial commands or directives issued during contract
			 performance.
(C) Ensure that the
			 purpose of the Contract will be realized.
(e) The cost overrun was incurred in good
			 faith, results from the good faith performance by the Contractor, and is no
			 greater than the prescribed hourly rate or the reasonable value of the
			 additional work or performance rendered.
(f) Except for the cost overrun, the Contract
			 and its objective are within the statutory authority of ODOT and ODOT currently
			 has funds available for payment under the Contract.
(g) An officer or employee of ODOT has
			 presented a Written report to ODOT'sChief Procurement Officer within 60 days of
			 the discovery of the overrun that states the reasons for the cost overrun and
			 demonstrates to the satisfaction of ODOT'sChief Procurement Officer that the
			 Contract and the circumstances of the overrun satisfy the conditions stated
			 above.
(h) ODOT'sChief Procurement
			 Officer approves in Writing the payment of the overrun, or such portion of the
			 overrun amount as ODOT's Chief Procurement Officer determines may be paid
			 consistent with the conditions of this Rule. If ODOT's Chief Procurement
			 Officer has signed the Contract, or has immediate supervisory responsibility
			 over performance of the Contract, ODOT's Chief Procurement Officer must
			 designate an alternate delegate to grant or deny Written approval of
			 payment.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 146 - GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 731-146-0070

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  244.010 -
				  244.400,
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  244.010 -
				  244.400,
				  279A.065(5)(a),
				  279A.070 &
				  279A.140
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 146 - GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 731-146-0080

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  244.010 -
				  244.400,
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  244.010 -
				  244.400,
				  279A.065(5)(a),
				  279A.070 &
				  279A.140
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 146 - GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 731-146-0090

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279A.065(5)(a),
				  279A.070 &
				  279A.140
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 146 - GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 731-146-0100

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279A.065(5)(a),
				  279A.070 &
				  279A.140
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 146 - GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 731-146-0110

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279A.065(5)(a),
				  279A.070 &
				  279A.140
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 146 - GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 731-146-0120

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279A.065(5)(a),
				  279A.070,
				  279B.075 &
				  279A.140
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 146 - GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 731-146-0130 - Fragmentation

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 146 - GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 731-146-0140 - ODOT and Contractor Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 146 - GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 731-146-0150 - Electronic Procurement and Submittals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following terms have the meaning
			 given below when capitalized in this Rule:
(a) "Electronic Advertisement" means the
			 Solicitation Document, RFQ or other document inviting participation in the
			 procurements made available electronically, including but not limited to, via:
(A) The World Wide Web;
(B) ORPIN or other electronic procurement
			 system approved by the Chief Procurement Officer; or
(C) Electronic mail.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 146 - GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 731-146-0160 - Reinstatement of Expired or Terminated Contract; Retroactive Approval of Existing Contract

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Application. This rule applies to the Reinstatement of expired or terminated
			 Contracts and the Retroactive Approval of existing Contracts. This rule does
			 not apply to mistakes that may occur in the solicitation process. This rule
			 allows Reinstatement of expired or terminated Contracts and Retroactive
			 Approval to occur simultaneously.
(2) Definitions.
(a) "Procurement Authority" means a person
			 within ODOT with delegated authority to execute a Contract.
(b) "Reinstatement" means the restoration of
			 an expired or terminated Contract in order to:
(A) Complete one or more deliverables within
			 the scope of the Contract at the time of its expiration or termination,
			 or
(B) Fulfill its term, up to the
			 maximum time period provided in the Contract before its expiration or
			 termination.
(c)
			 "Retroactive Approval" means the documentation of Procurement Authority
			 approval on an existing Contract which was previously signed by all parties
			 except the required Procurement Authority.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 146 - GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 731-146-0170 - Late Offers, Late Withdrawals and Late Modifications

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 146 - GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 731-146-0180 - Mistakes in Offers

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Generally. To protect the integrity of the competitive procurement process and
			 to assure fair treatment of Offerors, ODOT should carefully consider whether to
			 permit waiver, correction or withdrawal of Offers for certain
			 mistakes.
(2) Treatment of
			 Mistakes. ODOT shall not allow an Offeror to correct or withdraw an Offer for
			 an error in judgment. If ODOT discovers certain mistakes in an Offer after
			 Opening, but before Award of the Contract, ODOT may take the following action:
(a) ODOT may waive, or permit an Offeror to
			 correct, a minor informality. A minor informality is a matter of form rather
			 than substance that is evident on the face of the Offer, or an insignificant
			 mistake that can be waived or corrected without prejudice to other Offerors.
			 Examples of minor informalities include an Offeror's failure to:
(A) Return the correct number of Signed
			 Offers or the correct number of other documents required by the Solicitation
			 Document;
(B) Sign the Offer in the
			 designated block, provided a Signature appears elsewhere in the Offer,
			 evidencing an intent to be bound; and
(C) Acknowledge receipt of an Addendum to the
			 Solicitation Document, provided that it is clear on the face of the Offer that
			 the Offeror received the Addendum and intended to be bound by its terms; or the
			 Addendum involved did not affect price, quality or delivery.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 146 - GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 731-146-0200 - Amendments to Public Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Application. This rule applies to
			 procurements processed under OAR 731-147 and OAR 731-148.
(2) Generally. ODOT may amend a Public
			 Contract without additional competition in any of the following circumstances:
(a) The amendment is within the scope of the
			 Procurement as described in the Solicitation Documents, if any, or if no
			 Solicitation Documents, as described in the sole source notice or the approved
			 Special Procurement, if any, or in the absence of any of the preceding, the
			 amendment is within the scope of the Public Contract. An amendment is not
			 within the scope of the Procurement if ODOT determines that if it had described
			 in the Procurement the changes to be made by the amendment, it would likely
			 have increased competition or affected the award of the Public
			 Contract.
(b) These Rules otherwise
			 permit ODOT to Award a Public Contract without competition for the goods or
			 services to be procured under the amendment.
(c) The amendment is necessary to comply with
			 a change in law that affects performance of the Public Contract.
(d) The amendment results from renegotiation
			 of the terms and conditions, including the Contract Price, of a Public Contract
			 and the amendment is advantageous to ODOT, subject to all of the following
			 conditions:
(A) The goods or services to be
			 provided under the amended Public Contract are the same as the goods or
			 services to be provided under the un-amended Public Contract.
(B) ODOT determines that, with all things
			 considered, the amended Public Contract is at least as favorable to ODOT as the
			 un-amended Public Contract.
(C) The
			 amended Public Contract does not have a total term greater than allowed in the
			 Solicitation Documents, if any, or if no Solicitation Documents, as described
			 in the sole source notice or the approved Special Procurement, if any, after
			 combining the initial and extended terms. For example, a one-year Public
			 Contract described as renewable each year for up to four additional years, may
			 be renegotiated as a two to five-year Public Contract, but not beyond a total
			 of five years.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 146 - GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 731-146-0210

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  184.619,
				  279A.065  & 279A.070
Statutes/Other Implemented: ORS
				  279A.050(3),
				  279A.065(6),
				  279A.070 &
				  279A.180
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 146 - GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 731-146-0220 - Emergency Procurement

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 147 - PUBLIC PROCUREMENT FOR GOODS AND SERVICES; GENERAL PROVISIONS › Section 731-147-0010 - Application

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 147 - PUBLIC PROCUREMENT FOR GOODS AND SERVICES; GENERAL PROVISIONS › Section 731-147-0020

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279B.025,
				  279B.270 &
				  279B.280
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 147 - PUBLIC PROCUREMENT FOR GOODS AND SERVICES; GENERAL PROVISIONS › Section 731-147-0030

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279B.080
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 147 - PUBLIC PROCUREMENT FOR GOODS AND SERVICES; GENERAL PROVISIONS › Section 731-147-0035

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279B.075
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 147 - PUBLIC PROCUREMENT FOR GOODS AND SERVICES; GENERAL PROVISIONS › Section 731-147-0040

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279B.085
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 147 - PUBLIC PROCUREMENT FOR GOODS AND SERVICES; GENERAL PROVISIONS › Section 731-147-0050

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279B.090
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 147 - PUBLIC PROCUREMENT FOR GOODS AND SERVICES; GENERAL PROVISIONS › Section 731-147-0055 - Sole-Source Procurements

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 147 - PUBLIC PROCUREMENT FOR GOODS AND SERVICES; GENERAL PROVISIONS › Section 731-147-0070 - Mandatory Use Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 147 - PUBLIC PROCUREMENT FOR GOODS AND SERVICES; GENERAL PROVISIONS › Section 731-147-0810 - Emerging Small Business Procurements

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 148 - CONSULTANT SELECTION: ARCHITECTURAL, ENGINEERING, LAND SURVEYING AND RELATED SERVICES CONTRACTS › Section 731-148-0010

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279A.065
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 148 - CONSULTANT SELECTION: ARCHITECTURAL, ENGINEERING, LAND SURVEYING AND RELATED SERVICES CONTRACTS › Section 731-148-0100 - Application

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