OAR 731-007-0360
Use of Alternative Contracting Methods
(1)
Competitive Bidding Exemptions. ORS Chapter 279C (Public Improvements and Related Contracts) requires a competitive bidding process for Public Improvement Contracts unless a statutory exception applies, a class of Contracts has been exempted or an individual Contract has been exempted in accordance with ORS 279C.335 (Competitive bidding) and any applicable DAS rules. Alternative Contracting Methods are therefore an exception to the prescribed public contracting practices in Oregon, and their use must be justified in accordance with the public contracting law and these rules. See OAR 731-007-0370 (Findings) regarding required findings.(2)
Post-Project Evaluation. ORS 279C.355 (Evaluation of public improvement projects not contracted by competitive bidding) requires that ODOT prepare a formal post-project evaluation of Public Improvement projects in excess of $100,000 for which the competitive bidding process was not used. The purpose of this evaluation is to determine whether it was actually in ODOT’s best interest to use an Alternative Contracting Method. The evaluation must be delivered to the DAS Director within 30 Days of the date ODOT “accepts” the Public Improvement project, which event is typically defined in the Contract. In the absence of such definition, acceptance of the project occurs on the latter of the date of final payment or the date of final completion of the Work. ORS 279C.355 (Evaluation of public improvement projects not contracted by competitive bidding) describes the timing and content of this evaluation, with three required elements:(a)
Financial information, consisting of cost estimates, any guaranteed maximum price, changes and actual costs;(b)
A narrative description of successes and failures during design, engineering and construction; and(c)
An objective assessment of the use of the Alternative Contracting Method as compared to the exemption findings.
Source:
Rule 731-007-0360 — Use of Alternative Contracting Methods, https://secure.sos.state.or.us/oard/view.action?ruleNumber=731-007-0360.