Or. Admin. Code § 731-149-0010

Current through Register Vol. 63, No. 12, December 1, 2024

Section 731-149-0010 - Application

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.

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