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.