Except as specifically set forth below, the Oregon Department
of Transportation adopts OAR
137-049-0100 through
137-049-0910, the Department of
Justice Model Rules, General Provisions Related to Public Contracts for
Construction Services for any Public Improvement Contract procurements
conducted pursuant to OAR chapter 731, division 149.
(1) The following sentence is adopted instead
of the first sentence of OAR
137-049-0330(1):
Receipt. ODOT shall electronically or mechanically time-stamp or hand-mark each
Offer and any modification or other submittals upon receipt, or provide a
self-time-stamping device for use by Offerors for these purposes.
(2) 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 adopted herein.
(3) The Oregon
Department of Transportation does not adopt any Oregon Department of Justice
Division 49 rule related to diesel engine requirements pursuant to ORS
279C.537. The Oregon Department
of Transportation has adopted OAR
731-005-0800 and OAR
731-149-0020 to implement ORS
279C.537.
(4) In the event of a conflict between the
ODOT Chapter 731, Division 149 Rules and the Department of Justice Model Rules
referenced above for Alternative Contracting Methods for Public Improvement
Contracts, the Department of Justice Model Rules for Alternative Contracting
Methods for Public Improvement Contracts control.
Notes
Or. Admin. Code
§
731-149-0010
DOT 3-2005(Temp), f.
2-16-05, cert. ef. 3-1-05 thru 8-27-05; DOT 5-2005, f. & cert. ef. 8-23-05;
DOT 5-2006(Temp), f. & cert. ef. 5-25-06 thru 11-20-06; DOT 7-2006, f.
& cert. ef. 11-17-06; DOT 5-2009(Temp), f. 12-22-09, cert. ef. 1-1-10 thru
6-30-10; DOT 1-2010, f. & cert. ef. 5-18-10; DOT 4-2011, f. 12-22-11, cert.
ef. 1-1-12; DOT 5-2013, f. 12-20-13, cert. ef. 1-1-14;
DOT
4-2023, amend filed 11/13/2023, effective
11/13/2023;
DOT
1-2024, amend filed 05/09/2024, effective
6/1/2024
Statutory/Other Authority: ORS
184.619 &
279A.065
Statutes/Other Implemented: ORS
279A.065