OAR 731-070-0040
Protection of ODOT from Proposer “Monopolization” of Site Claims

(1)

By submitting a proposal, a proposer thereby waives and relinquishes 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 and relinquishes, 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 (Public Records Requests) and 731-070-0290 (Designation of Sensitive Business, Commercial or Financial Information and Trade Secrets).

Source: Rule 731-070-0040 — Protection of ODOT from Proposer “Monopolization” of Site Claims, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=731-070-0040 (accessed May 26, 2025).

731–070–0005
Purpose and Intent of the Oregon Innovative Partnerships Program 731–070–0010
Definitions for the Oregon Innovative Partnerships Program 731–070–0020
General Selection Policies 731–070–0040
Protection of ODOT from Proposer “Monopolization” of Site Claims 731–070–0042
Solicitation of Proposals for OIPP Projects 731–070–0044
Negotiations 731–070–0046
Solicitation Documents 731–070–0048
Public Notice of Solicitation 731–070–0050
Submission of Unsolicited Proposals for OIPP Projects 731–070–0055
Fees to Accompany Unsolicited Proposals 731–070–0060
Contents and Format of Detailed or Competing Proposals 731–070–0080
Additional Proposer Organizational Disclosure Requirements 731–070–0110
Initial Review of Unsolicited Proposals 731–070–0120
Commission Preliminary Review of Unsolicited Proposals 731–070–0130
Competing Proposals 731–070–0140
Evaluation of Unsolicited and Competing Proposals 731–070–0160
Use of a Process that Permits ODOT Feedback and Ability of Proponents to Supplement or Refine Proposals after Initial Submission 731–070–0170
Commission Review and Selection of Proposals 731–070–0180
Protests of Rejection of Proposal/Award of Contract to Competitor in Competing Proposals Context 731–070–0200
Negotiation of Agreements for Transportation Projects 731–070–0210
ODOT Objection to Subcontractors 731–070–0220
Legal Sufficiency Review of Final Agreement 731–070–0230
Commission Review of Final Agreement 731–070–0280
Public Records Requests 731–070–0290
Designation of Sensitive Business, Commercial or Financial Information and Trade Secrets 731–070–0295
Consultation with Local Government, Metropolitan Planning Organization or Area Commission on Transportation 731–070–0300
ODOT Rights Reserved 731–070–0310
Extensions of Time: Waivers 731–070–0320
ODOT’s Authority to Suspend, by “Order,” the Acceptance of Specified Categories of Unsolicited Proposals 731–070–0330
ODOT’s Authority to Prioritize the Processing of Submitted Proposals in Accordance with ODOT’s Assessment of Need and Urgency. 731–070–0350
Discretionary Order Requiring the Prequalification of Proposers — Detailed Unsolicited or Competing Proposals

May 26, 2025

Rule 731-070-0040's source at or​.us