OAR 731-070-0210
ODOT Objection to Subcontractors

(1)

Intentionally left blank —Ed.

(a)

Prior to the execution of any contract with a proposer, the proposer must provide ODOT a list of all Major Subcontractors identified in its proposal who will perform work in the construction, operation or maintenance of the Project. All subcontractors must be legally eligible to perform or work on public contracts under federal and Oregon law and regulations. No subcontractor will be accepted who is on the list of contractors ineligible to receive public works contracts under ORS 279C.860 (Ineligibility for public works contracts for failure to pay or post notice of prevailing rates of wage).

(b)

During performance of the contract, the proposer shall promptly notify ODOT of the engagement or disengagement of any Major Subcontractor.

(2)

If ODOT has reasonable objection to any proposed subcontractor, ODOT is authorized to require, before the execution of a contract, an apparently successful proposer to submit an acceptable substitute. In such case, the proposer must submit an acceptable substitute, and the contract may, at ODOT’s discretion, be modified to equitably account for any difference in cost necessitated by the substitution. ODOT will permit a maximum of 14 calendar days from the date of ODOT’s written demand for substitution which to make an acceptable substitution. A proposer’s failure to make an acceptable substitution at the end of the 14-calendar day period will constitute sufficient grounds for ODOT to refuse to execute a contract without incurring any liability for the refusal. However, if the proposer had identified such a Major Subcontractor in its Detailed Proposal as an equity contributor to the Project, or the Major Subcontractor had committed other financial support that had been relied on by the proposer, then the proposer shall be granted a period of 60 business days to identify an acceptable substitute. Following such identification, the proposer shall be granted an additional 30 business days to conclude negotiations of acceptable terms and conditions with that substitute Major Subcontractor.

Source: Rule 731-070-0210 — ODOT Objection to Subcontractors, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=731-070-0210.

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 731-070-0210’s source at or​.us