Or. Admin. R. 731-070-0065

Current through Register Vol. 63, No. 8, August 1, 2024

Section 731-070-0065 - Prequalification of Proposers of Unsolicited Proposals

To submit an Unsolicited Proposal, an entity must first submit a completed Application for Prequalification and receive notice of approval for prequalification from ODOT.

(1) ODOT may establish the required content and format of the application and criteria used to evaluate Applications for Prequalification. ODOT will publish on its external website:

(a) The location at which interested entities may obtain prequalification application forms, information about prequalification criteria and other related documents, if any; and

(b) The name, title, and address of the person designated to receive the prequalification applications.

(2) Each Application for Prequalification must be in writing and must substantially comply with the instructions given by ODOT in a prequalification application form and in OAR 731-070-0145.

(3) An Application for Prequalification must be accompanied by:

(a) A non-refundable application evaluation fee as designated in OAR 731-070-0055.

(b) An executed conflict of interest disclosure forms provided by ODOT for the Project Team, each Major Partner and any Major Subcontractor.

(c) Any additional information described and required by the prequalification application form or by ODOT necessary to evaluate the application.

(4) After reviewing a prequalification application submitted in accordance with this rule, ODOT will notify the applicant whether the applicant is qualified to submit an Unsolicited Proposal.

(a) If ODOT determines that the applicant is not qualified, ODOT shall provide the applicant written notice of that determination that contains a statement of the reason or reasons for the determination.

(b) An entity that ODOT determines not to be qualified may, within 5 business days after its receipt of ODOT's written notice of determination, submit to ODOT a written protest of the decision. The protest must state facts and argument to demonstrate that ODOT's decision constituted an abuse of ODOT's discretion.

(5) If an entity timely submits a protest that complies with section (4) of this rule, ODOT will issue a written decision that resolves the issues raised in the protest. ODOT's written decision under this subsection shall constitute a final order under ORS 183.484.

(6) Unless otherwise specified, an ODOT determination that an applicant is prequalified to submit proposals for any particular kind or kinds of project shall have an effective term of three years from the date of ODOT's written notice of the determination.

(7) Notwithstanding any specification of a term during which an entity's prequalification is effective, ODOT may terminate or revise an entity's prequalified status upon ODOT's discovery of information that adversely reflects on the applicant's prequalified status. Prior to any termination or adverse revision of an applicant's prequalification, ODOT will provide the applicant written notice of that determination that contains a statement of the reason or reasons for that determination and inform the entity that it may protest the proposed action under section (4) of this rule.

Or. Admin. R. 731-070-0065

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