Or. Admin. Code § 731-070-0010 - Definitions for the Oregon Innovative Partnerships Program
As used in OAR 731-070-0005 to 731-070-0340:
(1) "Agency" means any
agency of the State of Oregon or any political subdivision thereof authorized
by law to enter into public contracts, as defined in ORS
279A.010(1),
and any public body created by intergovernmental agreement.
(2) "Commission" or "OTC" means the Oregon
Transportation Commission created by ORS
184.612 and any person or
persons authorized or directed by the Commission to take any action or make any
decision authorized by these rules on the Commission's behalf.
(3) "Department" or "ODOT" means the Oregon
Department of Transportation created by ORS
184.615.
(4) "Director" means the Director of
Transportation appointed under ORS
184.620 and any person or
persons authorized or directed by the Director to take any action or make any
decision authorized by these rules on the Director's behalf.
(5) "Key Persons" means key officials of the
proposing entity who play a critical role in running the enterprise and whose
loss or unavailability could jeopardize the success of the venture. Any change
or addition of Key Persons is subject to the provisions of OAR
731-0080.
(6) "Local government"
has the meaning given that term in ORS
174.116.
(7) "Major Partner" means, with respect to a
limited liability company or joint venture, each firm, business organization or
person that has an ownership interest therein in excess of 5%.
(8) "Major Subcontractor" is any
subcontractor designated in the proposal to perform 10% or more of the scope of
work for a proposed Project.
(9)
"Private Contribution" means resources supplied by a private entity to
accomplish all or any part of the work on a transportation system project,
including funds, financing, income, revenue, cost sharing, technology, staff,
materials, equipment, expertise, data, or engineering, construction, or
maintenance services, or other items of value.
(10) "Program" or "OIPP" means the Oregon
Innovative Partnerships Program established under ORS
367.800 to
367.826.
(11) "Project Team" means the group of Key
Persons and staff of the proposer or consortium of proposers who will lead the
project.
(12) "Public-Private
Partnerships" or "PPP" means a nontraditional arrangement between the
Department and one or more private or public entities that provides for the
implementation of a Transportation Project. "Public-Private Partnership" or
"P3" does not have the meaning, attributes or incidents of a "partnership" as
used in ORS chapters 68 and 70 or in common law. Attributes may include:
(a) Acceptance of a private contribution to a
transportation system project or service in exchange for a public benefit
concerning that project or service;
(b) Sharing of resources and the means of
providing transportation system projects or services;
(c) Cooperation in researching, developing,
and implementing transportation system projects or services;
(d) Use of innovative funding methods;
or
(e) Expedited project
delivery.
(13)
"Sensitive business, commercial or financial information that is not
customarily provided to business competitors" includes records or information
pertaining to activities of the proposer that are commercial in nature, are
intended to be treated with a high degree of discretion and which would not be
provided to the proposer's competitors.
(14) "Tollway" has the meaning given that
term in ORS 383.003.
(15) "Transportation Project" or "Project"
has the meaning given that term in ORS
367.802.
(16) "Unsolicited Proposal" means any
proposal from a pre-qualified proposer under OAR 731-070-0340 for a Project
submitted under OAR 731-070-0050.
(17) Terms not otherwise defined herein shall
have the meaning given them in ORS
367.800 to
367.826.
Notes
Statutory/Other Authority: ORS 184.619 & 367.824
Statutes/Other Implemented: ORS 367.800 - 367.824
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