OAR 731-070-0010
Definitions for the Oregon Innovative Partnerships Program
(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 (Definitions for Public Contracting Code)(1), and any public body created by intergovernmental agreement.(2)
“Commission” or “OTC” means the Oregon Transportation Commission created by ORS 184.612 (Oregon Transportation Commission) 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)
“Competing Proposal” means a written submission to the Department that a proposer submits in response to a notice issued by the Department under OAR 731-070-0130 (Competing Proposals).(4)
“Department” or “ODOT” means the Oregon Department of Transportation created by ORS 184.615 (Department of Transportation).(5)
“Detailed Proposal” means a written submission to the Department satisfying the requirements set forth in OAR 731-070-0060 (Contents and Format of Detailed or Competing Proposals).(6)
“Director” means the Director of Transportation appointed under ORS 184.620 (Director of Transportation) 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.(7)
“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.(8)
“Local government” has the meaning given that term in ORS 174.116 (“Local government” and “local service district” defined).(9)
“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%.(10)
“Major Subcontractor” is any subcontractor designated in the proposal to perform 10% or more of the scope of work for a proposed Project.(11)
“Program” or “OIPP” means the Oregon Innovative Partnerships Program established under ORS 367.800 (Findings) to 367.826.(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 that 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. The use of the word “partnership” to describe such an arrangement does not confer on the relationship formed any of the attributes or incidents of a partnership under common law or under ORS chapters 68 and 70.(13)
“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.(14)
“Sensitive business, commercial or financial information that is not customarily provided to business competitors” includes records or information pertaining to activities of the proposer that are commercial in nature, are intended to be treated with a high degree of discretion and which would not be provided to the proposer’s competitors.(15)
“Tollway” means any roadway, path, highway, bridge, tunnel, railroad track, bicycle path or other paved surface or structure specifically designed as a land vehicle transportation route, the construction, operation or maintenance of which is wholly or partially funded with toll revenues resulting from an agreement with the Department pursuant to ORS 383.005 (Agreements for tollway projects) or with a city, county, or other local government pursuant to ORS 810.010 (Jurisdiction over highways) or other law.(16)
“Transportation Project” or “Project” has the meaning given that term in ORS 367.802 (Definitions).(17)
Terms not otherwise defined herein shall have the meaning given them in ORS 367.800 (Findings) to 367.826.
Source:
Rule 731-070-0010 — Definitions for the Oregon Innovative Partnerships Program, https://secure.sos.state.or.us/oard/view.action?ruleNumber=731-070-0010.