Or. Admin. Code § 731-070-0145 - Evaluation of Unsolicited Proposals

(1) ODOT will review and make a preliminary assessment that the Unsolicited Proposal does or does not meet the requirements of OAR 731-070-0050.

(2) An Evaluation Panel will independently evaluate each proposal that meets all requirement. Members of the Evaluation Panel may change and ODOT may have additional or fewer evaluators for optional rounds of competition.

(3) Proposer Presentations. At any time during the evaluation process, the Evaluation Panel may require that a proposer make a presentation to the Evaluation Panel. The presentation is to allow the Evaluation Panel to seek clarification of Project elements and provide proposers with an opportunity to explain their proposed Project further. The Evaluation Panel will provide written notice to a proposer and give the proposer a minimum of 10 business days from the date of the notice to prepare the presentation. The format of the presentation may include a formal presentation by the proposer, followed by questions from the Evaluation Panel pertaining to the Project, proposal, or presentation.

(4) Evaluation Factors. ODOT will publish on its external website the general criteria for evaluation of an Unsolicited Proposal, including but not limited to any of the following factors:

(a) Qualifications, experience, and structure of the Project Team;

(b) Project description in sufficient detail to determine the type and size of the Project, the location, and all proposed interconnections with other transportation facilities;

(c) The point in the Transportation Project at which the public and private sector partners enter the Project and the responsibility to be assumed by each partner for specific Project elements, including shared risk management, costs of development, and allocation of financial responsibility for overruns;

(d) Reasonableness of proposed project schedule;

(e) Degree of technical innovation associated with the proposal and if the knowledge or technology gained from the Project benefit other areas of this state or the United States;

(f) Whether the Project meets or exceeds state and federal environmental standards;

(g) Right of Way considerations and plans for acquisitions;

(h) Ongoing maintenance of the project;

(i) Financial Plan demonstrating a reasonable basis for funding Project development and operations, based on well-defined and reasonable assumptions;

(j) Estimated cost of the Project;

(k) Life cycle cost analysis;

(l) Public support, community benefit and engagement; and

(m) Compatibility with the existing transportation system and support of transportation policies and goals.

(5) Based on the Evaluation Panel's assessments, ODOT will:

(a) Accept the proposal and enter into discussions and negotiations with the proposing entity or entities;

(b) Request additional information from the proposing entity or entities; or

(c) Reject the proposal.

Notes

Or. Admin. Code § 731-070-0145

DOT 5-2022, adopt filed 05/24/2022, effective 5/24/2022

Statutory/Other Authority: ORS 184.619 & 367.824

Statutes/Other Implemented: 367.800 - 367.824