Or. Admin. Code § 141-126-0210 - Competitive Bidding Process
(1) Except as
provided in OAR 141-126-0110(10) and 141-126-0140(11), the department will
determine on a case-by-case basis if a communication site or portion of a
communication site requested for a lease will be offered to the public through
competitive bidding. This decision will be made after considering:
(a) Whether the requested area is for a use
located on school lands or statutory lands;
(b) The nature of the use and length of
authorization requested; and
(c)
Whether other applications received by the department to use the same requested
area for the same or competing uses.
(2) The department will give a Notice of
Lease Availability and provide an opportunity for applications to be submitted
if it determines that the greatest public benefit and trust obligations of the
department would be best served by offering the requested area through
competitive bidding.
(3) The Notice
of Lease Availability will state:
(a) The
location and size of the requested area;
(b) The use approved by the department for
the requested area;
(c) The minimum
acceptable bid amount; and
(d) The
deadline for submitting a completed application to the department.
(4) The Notice of Lease
Availability will be:
(a) Published not less
than once each week for two successive weeks in a newspaper of general
circulation in the county or counties in which the requested area is
located;
(b) Posted on the
department's website;
(c) Sent to
adjacent landowners bordering the requested area; and
(d) Sent to persons indicating an interest in
the requested area.
(5)
The department will evaluate all applications received for the requested area
as advertised in the Notice of Lease Availability and will determine, at its
discretion, the highest qualified applicant. The highest qualified applicant
will be offered the lease subject to satisfaction of the requirements of OAR
141-126-0140 and 141-126-0160(3) of these rules. However, the department will
have the right to reject any and all bids submitted.
(6) In the event no application is received
upon the deadline established in the Notice of Lease Availability, the
department may choose to offer the lease to the initial applicant per OAR
141-126-0210(1) if applicable or issue another Notice of Lease Availability to
solicit competitive bid applications.
Notes
Statutory/Other Authority: ORS 273.045, ORS 273.051(2)(b) & ORS 273.245
Statutes/Other Implemented: OR Const. Art. VIII, Sec. 2 & 5
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