Or. Admin. R. 731-005-0520

Current through Register Vol. 63, No. 9, September 1, 2024

Section 731-005-0520 - Notice and Advertising Requirements; Posting

(1) Notice. ODOT shall furnish notice as set forth in subsections (a) through (c) of this section, to a number of Persons sufficient for the purpose of fostering and promoting competition. The notice shall indicate where, when, how, and for how long the Solicitation Document may be obtained and generally describe the Work. The notice may contain any other appropriate information. ODOT may furnish notice using any method determined to foster and promote competition, including:

(a) Mailing notice of the availability of Solicitation documents to Persons that have expressed an interest in ODOT's procurements;

(b) Placing notice on ODOT's Electronic Procurement System; or

(c) Placing notice on ODOT's internet website.

(2) Advertising. Pursuant to ORS 279C.360 and this rule, ODOT shall advertise every Solicitation for a Public Improvement Contract, unless ODOT has exempted the Solicitation from the advertisement requirement as part of a competitive Bidding exemption under ORS 279C.335:

(a) Unless ODOT publishes by Electronic Advertisement as permitted under subsection (b) of this section, ODOT shall publish the advertisement for Offers at least once in at least one newspaper of general circulation in the area where the Contract is to be performed and in as many additional issues and publications as ODOT may determine to be necessary or desirable to foster and promote competition;

(b) ODOT may publish by Electronic Advertisement;

(c) In addition to ODOT's publication required under subsection (a) or (b) of this section, ODOT shall also publish an advertisement for Offers in at least one trade newspaper of general statewide circulation if the Contract is for a Public Improvement with an estimated cost in excess of $125,000;

(d) All advertisements for Offers shall set forth:

(A) The Public Improvement project;

(B) The scheduled Closing, that shall not be less than five Days after the date of the last publication of the advertisement or in the case of electronic advertisement, the scheduled closing shall not be less than five Days after the date ODOT uploads and posts the electronic advertisement to be viewable by the public;

(C) The date that Bidders must file applications for prequalification if prequalification is a requirement and the class or classes of Work for which Bidders must be prequalified;

(D) The nature of the Work to be performed or the goods to be purchased;

(E) The office where the Solicitation Documents may be reviewed;

(F) The name, title and address of ODOT contact authorized to receive Offers;

(G) The scheduled Opening; and

(H) If applicable, that the Contract is for a Public Work subject to ORS 279C.800 to 279C.870 or the Davis-Bacon Act ( 40 U.S.C. 276(a)).

(3) Equity Notice. ODOT shall provide timely notice of all solicitations to the Director for Diversity, Equity and Inclusion, Governor's Office, in accordance with contract price stated in ORS 200.035.

Or. Admin. R. 731-005-0520

DOT 2-2005, f. 2-16-05, cert. ef. 3-1-05; DOT 4-2007, f. & cert. ef. 5-23-07; DOT 4-2018, amend filed 04/26/2018, effective 4/26/2018; DOT 6-2022, amend filed 05/24/2022, effective 5/24/2022; DOT 1-2024, amend filed 05/09/2024, effective 6/1/2024

Statutory/Other Authority: ORS 184.619, 279A.050 & 279A.065

Statutes/Other Implemented: ORS 200.035 & 279C.360