Or. Admin. Code § 731-070-0210

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

Section 731-070-0210 - ODOT Objection to Subcontractors

(1) Prior to the execution of any contract with a proposer, the proposer must provide ODOT a list of all Major Subcontractors identified in its proposal who will perform work in the construction, operation or maintenance of the Project. All subcontractors must be legally eligible to perform or work on public contracts under federal and Oregon law and regulations. Subcontractors who are ineligible to receive public works contracts under ORS 279C.860 are not eligible to receive contracts on OIPP projects. During performance of the contract, the proposer shall promptly notify ODOT of the engagement or disengagement of any Major Subcontractor. If ODOT has reasonable objection to any proposed subcontractor, ODOT may require, before the execution of a contract, an apparently successful proposer to submit an acceptable substitute, as determined by ODOT.

(2) The resulting contract may be modified at ODOT's discretion to equitably account for any difference in cost resulting from the substitution. An apparently successful proposer has 14 calendar days from the date of ODOT's written demand for substitution in which to make an acceptable substitution. An apparently successful proposer's failure to make an acceptable substitution at the end of the 14-calendar day period constitutes sufficient grounds for ODOT to refuse to execute a contract without incurring any liability for the refusal.

(3) If the apparently successful proposer identified a Major Subcontractor in its proposal as an equity contributor to the Project, or the Major Subcontractor had committed other financial support relied on by the proposer, the apparently successful proposer shall be granted 60 business days to identify an acceptable substitute Major Subcontractor. Following identification of the Major Subcontractor, the apparently successful proposer shall be granted an additional 30 business days to conclude negotiations of acceptable terms and conditions with that substitute Major Subcontractor.

Or. Admin. Code § 731-070-0210

DOT 5-2004, f. & cert. ef. 8-26-04; DOT 4-2009, f. & cert. ef. 12-22-09; 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