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.