Or. Admin. Code § 731-005-0420 - Applicability
(1) OAR
731-005-0410 through
731-005-0770 apply to Highway
Construction Contracts, unless an exemption to use an Alternative Contracting
Delivery and Selection Method has been granted in accordance with 279C.335.
Highway Construction Contracts delivered through an Alternative Contracting
Delivery and Selection Method are subject to (2) below.
(2) Alternative Contracting Delivery and
Selection Methods: OAR
137-049-0610 through
137-049-0690 related to
Alternative Contracting Methods for Public Improvement Contracts are adopted to
apply to Highway Construction Contracts subject to an Alternative Contracting
Delivery and Selection Method exemption. Per ORS
279C.337, construction
manager/general contractor services shall be procured in accordance with the
model rules the Attorney General adopts under ORS
279A.065 (3) as
may be updated from time to time (see OAR
137-049-0690 et al); therefore,
OAR 137-049-0610 through
137-049-0690 applicable to
procurements of construction manager/general contractor services adopted
pursuant to ORS 279A.065(3) and
ORS 279C.337(1),
are directly applicable to the Oregon Department of Transportation and are not
separately adopted herein.
(3) All
other ODOT Public Improvement Contracts not included in (1) or (2) above are
governed by OAR chapter 731, division 149, and are exempt from these OAR
chapter 731, division 5 and division 7 rules.
(4) The Oregon Department of Transportation
adopts DOJ Model Rule
137-049-0360 First-Tier
Subcontractors; Disclosure and Substitution.
Notes
Statutory/Other Authority: ORS 184.619, 279A.050 & 279A.065
Statutes/Other Implemented: ORS 279A & 279C
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