Or. Admin. Code § 731-005-0440 - Competitive Procurement

(1) Generally. In accordance with ORS 279C.300, ODOT shall procure its Public Improvements by an ITB except as otherwise allowed or required in ORS 279A.025, 279A.100, 279A.105, 279A.120(2), 279A.125, 279C.335, or 282.210. It is the policy of the State of Oregon to encourage open and impartial competition in public contracting. ODOT must make every effort to construct Public Improvements at the least cost to ODOT.

(2) Exempted Selection Method. ORS Chapter 279C requires a competitive bidding process for Highway Construction Contracts unless a statutory exception applies, a class of Contracts has been exempted or an individual Contract has been exempted in accordance with ORS 279C.335 and any applicable DAS rules. If Agency has received an Exemption from competitive bidding in accordance with ORS 279C.335, Agency shall procure that Public Improvement in accordance with the approved Exempted Selection Method as set forth in the Exemption Order and its Findings in lieu of the requirements set forth in OAR 731-005-0650 OAR 731-005-0659. The Exempted Selection Method requirements set forth in this Division 5 is not applicable to selection and delivery of Alternative Contracting projects, which is governed by 731-005-0420(2).

(a) OAR Chapter 731, Division 7 Prequalification requirements and any associated OAR Chapter 731, Division 5 rules implementing Prequalification requirements do not apply to projects procured pursuant to an Exempted Selection Method.

(b) Post-Project Evaluation. In accordance with ORS 279C355, ODOT shall complete the required post-project evaluation of public improvement projects not contracted by competitive bidding.

(3) Federal Provisions. If federal funds are involved, in accordance with ORS 279A.030, federal laws, rules and regulations shall govern the provisions of these rules in the event of conflict.

Notes

Or. Admin. Code § 731-005-0440

DOT 2-2005, f. 2-16-05, cert. ef. 3-1-05; DOT 1-2024, amend filed 05/09/2024, effective 6/1/2024

Statutory/Other Authority: ORS 184.619, 279A.050 & 279A.065

Statutes/Other Implemented: ORS 279A.065 & 279C.335