Oregon Bulletin

August 1, 2013

Department of Transportation, Chapter 731

Rule Caption: Modifies provisions for submission of unsolicited proposals to the Oregon Innovative Partnerships Program

Adm. Order No.: DOT 2-2013

Filed with Sec. of State: 6-21-2013

Certified to be Effective: 6-21-13

Notice Publication Date: 1-1-2013

Rules Amended: 731-070-0050

Subject: OARs 731-070-0050 through 731-070-0230 govern the process by which private entities or units of government may submit unsolicited proposals for transportation projects under the Oregon Innovative Partnerships Program (OIPP). Recent experience has revealed that when an unsolicited proposal is submitted on a project that has progressed considerably through ODOT’s project development process, it can be disruptive and expensive to change course mid-stream. ODOT has amended its rule to restrict submission of unsolicited proposals in certain circumstances.

Rules Coordinator: Lauri Kunze—(503) 986-3171


Submission of Unsolicited Proposal

(1) Unless prequalification is required under OAR 731-070-0350, any private entity or unit of government may submit an unsolicited Conceptual or Detailed Proposal for a Transportation Project to ODOT for consideration under the OIPP. The proposer shall prominently label the proposal as either a Conceptual Proposal or Detailed Proposal, as appropriate.

(2)(a) A proposal review fee in the amount prescribed by OAR 731-070-0055(1)(a) must accompany any unsolicited Conceptual Proposal submitted by a private entity or unit of government.

(b) A proposal review fee in the amount prescribed by OAR 731-070-0055(1)(c) must accompany any unsolicited Detailed Proposal submitted by a private entity or unit of government.

(3) The proposer shall submit 20 copies, individually identified, of any unsolicited proposal in addition to the proposal bearing the signature of the authorized representative. The original proposal, required copies and processing fee shall be delivered to the Director or his designee.

(4) ODOT will consider an unsolicited proposal only if the proposal:

(a) Is unique or innovative in comparison with and is not substantially duplicative of other transportation system projects included in the state transportation improvement program within the Department or, if it is similar to a project in the state transportation improvement program, the project has not been fully funded by ODOT or any other public entity as of the date the proposal is submitted, or the proposal offers an opportunity to materially advance or accelerate the implementation of the project. Unique or innovative features which may be considered by ODOT in evaluating such a proposal may include but are not limited to unique or innovative financing, construction, design, schedule or other project components as compared with other projects or as otherwise defined by ODOT rules or regulations; and

(b) Includes all information required by and is presented in the format set out in OAR 731-070-0060. Such information shall include a list of any proprietary information included in the proposal that the proposer considers protected trade secrets or other information exempted from disclosure under ORS 367.803(5) and (6) and OAR 731-070-0280 and 0290.

(5) ODOT will not consider an unsolicited proposal for a project involving another state or local government unit of another state unless ODOT and the appropriate representative of the other state or of the local government unit of the other state have entered into an agreement that permits the acceptance of unsolicited proposals for such a project.

(6) ODOT will not consider an unsolicited proposal for a project that has been incorporated in the Statewide Transportation Improvement Program (STIP) as approved by the Oregon Transportation Commission, and for which funding is fully committed, if the proposal is submitted later than July 1 of the design year designated in the STIP or, if no design year is designated, July 1 of the year that is two years prior to the construction year designated in the STIP.

Stat. Auth.: ORS 184.616, 184.619 & 367.824

Stat. Implemented: ORS 367.800 - 367.824

Hist.: DOT 5-2004, f. & cert. ef. 8-26-04; DOT 4-2009, f. & cert. ef. 12-22-09; DOT 2-2013, f. & cert. ef. 6-21-13

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