OAR 731-070-0080
Additional Proposer Organizational Disclosure Requirements
(1)
In addition to the disclosure requirements of OAR 731-070-0060 (Contents and Format of Detailed or Competing Proposals)(1)(a), the Director or the Director’s designee may impose, after the submission of a proposal, any other special disclosure requirements the Director determines to be reasonably necessary to evaluate the expertise, experience, financial backing, integrity, ownership and control of any proposer.(2)
All proposers must provide all the information required by this rule. All proposers and Key Persons must complete and submit the required disclosure form, prescribed by ODOT, within the deadlines set by the Director or the Director’s designee. All proposers and Key Persons must provide any documents required in the disclosure process, or other documents as determined by the Director, or their proposals may be rejected by ODOT.(3)
ODOT may reject, or require the supplementation of, a proposal if the proposer has not provided all information required in the disclosure form or if any information provided is not accurate, current or truthful. The failure or refusal of any proposer to properly execute, fully complete, or accurately report any information required by the required disclosure shall be sufficient grounds for rejection of the proposal.(4)
Any change in the status of the proposer, in the identity of any of the Key Persons, or the addition of any Key Persons must be reported to the Department within 30 calendar days of the known change, and those whose status has changed or who have been added as Key Persons will be required to submit the required disclosure information. For purposes of this section, a “change in the status of a proposer” means a reorganization of the business structure or corporate structure of the proposer or a Major Partner, or a change in ownership of the proposer or a Major Partner amounting to a transfer of over twenty percent of the entity’s ownership.(5)
The burden of satisfying ODOT’s disclosure requirements, both in terms of producing the disclosures and assuring their accuracy and completeness, resides with each proposer.(6)
Each proposer, by submitting a proposal, thereby accepts all risk of adverse public notice, damages, financial loss, criticism or embarrassment that may result from any disclosure or publication of any material or information required or requested by the Department in connection with the proposer’s submission of a proposal. In submitting a proposal, the proposer expressly waives, on behalf of itself, its partners, joint venturers, officers, employees and agents, any claim against the Director, the State of Oregon, the Oregon Transportation Commission, ODOT, and their officers and employees, for any damages that may arise therefrom.(7)
An Agency that submits a proposal may, prior to submission, request ODOT to waive the disclosure requirements of this rule with respect to the corporate public entity and its officers. However, if the Agency proposes to enter into or establish a partnership or joint venture with a private party to perform any substantial portion of the proposed Project (as opposed to the engagement of only a prime contractor or subcontractors), then disclosure of the private party must be made as if the private party is a proposer, in accordance with this rule.
Source:
Rule 731-070-0080 — Additional Proposer Organizational Disclosure Requirements, https://secure.sos.state.or.us/oard/view.action?ruleNumber=731-070-0080.