Or. Admin. Code § 731-070-0080 - Additional Unsolicited Proposal Disclosure Requirements

(1) After submission of an unsolicited proposal as described in OAR 731-070-0050, the Director may impose any other special disclosure requirements the Director determines to be reasonably necessary to evaluate the expertise, experience, financial backing, integrity, ownership and control of the business.

(2) ODOT may reject, or require the supplementation of, an incomplete proposal. ODOT will reject any proposal that contains false, untruthful or misleading information. A proposer's failure or refusal to properly execute, fully complete, or accurately report any information required in OAR 731-070-0050 is sufficient grounds for rejection of the proposal.

(3) If, during the evaluation process, there is any change in the status of the proposer, the identity of any Key Person, or the addition of any Key Person, the proposer must report the change to the Department within 30 calendar days of the known change. For purposes of this section, a "change in the status of a proposer" means a reorganization of the business structure or corporate structure of the proposer or a Major Partner, or a change in ownership of the proposer or a Major Partner amounting to a transfer of over twenty percent of the entity's ownership.

(4) The burden of satisfying ODOT's disclosure requirements for Unsolicited Proposals, both in terms of producing the disclosures and assuring the accuracy and completeness of such information, resides with each proposer.

(5) A proposer, by submitting a proposal, accepts all risk of adverse public notice, damages, financial loss, criticism or embarrassment that may result from any disclosure or publication of any material or information required or requested by the Department in connection with the proposer's submission of a proposal. In submitting a proposal, the proposer expressly waives, on behalf of itself, its partners, joint venturers, officers, employees and agents, any claim against the Director, the state of Oregon, the Oregon Transportation Commission, ODOT, and their officers and employees, for any damages that may arise therefrom.

(6) An Agency of the state of Oregon that submits a proposal may, prior to submission, request ODOT to waive the disclosure requirements of this rule with respect to the Agency and its officers. However, if the Agency proposes to enter into or establish a partnership or joint venture with a private entity to perform any substantial portion of the proposed Project (as opposed to the engagement of only a prime contractor or subcontractors), then disclosure of the private entity must be made and the proposal must include all information regarding the private entity as required under these rules, to the same extent as if the private entity is a proposer.

Notes

Or. Admin. Code § 731-070-0080

DOT 5-2004, f. & cert. ef. 8-26-04; DOT 4-2009, f. & cert. ef. 12-22-09; DOT 1-2016, f. & cert. ef. 3/22/2016; DOT 5-2022, amend filed 05/24/2022, effective 5/24/2022

Statutory/Other Authority: ORS 184.619 & 367.824

Statutes/Other Implemented: ORS 367.800 - 367.824