OAR 731-070-0044
Negotiations

(1)

Direct Negotiations When ODOT chooses to enter into direct negotiations for a public-private partnership approach, it may include a request for a proposal from the entity and may specify requirements for proposal content, as well as criteria and procedures under which the proposal will be evaluated and selected for further negotiations towards a final agreement.

(2)

ODOT Authority to Elect Competitive Negotiations:

(a)

ODOT may authorize, at its option, competitive negotiations with multiple proposers as a means of selecting from among Competing Proposals solicited under OAR 731-070-0130 (Competing Proposals), or from among Detailed Proposals requested under OAR 731-070-0060 (Contents and Format of Detailed or Competing Proposals). Negotiations under this section are part of the proposal evaluation process and do not constitute the negotiation of a Transportation Project agreement.

(b)

The object of competitive negotiations, which ODOT may conduct concurrently with more than one proposer or serially, is to maximize ODOT’s ability to obtain best value and to permit proposers to develop revised proposals. Therefore, the negotiations may include, but shall not be limited to:

(A)

Informing proposers of deficiencies in their proposals;

(B)

Notifying proposers of parts of their proposals for which ODOT would like additional information; and

(C)

Otherwise allowing proposers to develop revised proposals that will permit ODOT to obtain the best proposal based on the requirements and evaluation criteria set forth in the notice or request for the scope, manner and extent of negotiations with any proposer are subject to the discretion of ODOT. To prevent the disclosure of proposal information to a proposer’s competitors, ODOT may conduct negotiations with proposers before information about the subject proposals is shared with other government entities under ORS 367.804 (Goals of Oregon Innovative Partnerships Program)(5)(a).

(c)

In conducting negotiations, ODOT:

(A)

Shall treat all proposers fairly and shall not engage in conduct that favors any proposer over another;

(B)

Shall not reveal to another proposer a proposer’s unique technology, unique or innovative approaches to Transportation Project design, management or financing, or any information that would compromise the proposer’s intellectual property, trade secrets or sensitive business information; or

(C)

Shall not reveal to another proposer a proposer’s price or pricing information, provided, however, that ODOT may inform a proposer that ODOT considers a proposer’s price or pricing information to be too high or too low.

Source: Rule 731-070-0044 — Negotiations, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=731-070-0044.

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
Last Updated

Jun. 8, 2021

Rule 731-070-0044’s source at or​.us