Or. Admin. Code § 731-070-0040

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

Section 731-070-0040 - Protection of ODOT from Proposer "Monopolization" of Site Claims

(1) By submitting a proposal, a proposer waives any claim, right in or expectation that the proposer may assert against the State of Oregon, the Commission, ODOT, or their members, officers and employees, that the proposer may occupy, use, profit from, or otherwise exercise any prerogative with respect to any route, corridor, right of way or public property identified in the proposal as being involved in or related to the proposed Transportation Project. A proposer may obtain no right to claim exclusivity or the right of use with respect to any such route, corridor, right of way or public property by virtue of having submitted a proposal that proposes to use or otherwise involve or affect it.

(2) By submitting a proposal, a proposer thereby waives as against the State of Oregon, the Commission, ODOT, and their members, officers and employees, any right, claim, copyright, proprietary interest or other right in any proposed location, site, route, corridor, right of way or alignment or transportation mode or configuration identified in the proposal as being involved in or related to the proposed Transportation Project. This waiver does not apply, however, to a proposer's rights in any documents, designs and other information and records that constitute "sensitive business, commercial or financial information that is not customarily provided to business competitors" as specified in OAR 731-070-0280 and 731-070-0290.

DOT 5-2004, f. & cert. ef. 8-26-04; DOT 5-2022, amend filed 05/24/2022, effective 5/24/2022

Statutory/Other Authority: ORS 184.619 & 367.824

Statutes/Other Implemented: ORS 367.800 - 367.824