Or. Admin. Code § 141-126-0210

Current through Register Vol. 64, No. 1, January 1, 2025

Section 141-126-0210 - Competitive Bidding Process

(1) Except as provided in OAR 141-126-0110(10) and 141-126-0140(11), the department will determine on a case-by-case basis if a communication site or portion of a communication site requested for a lease will be offered to the public through competitive bidding. This decision will be made after considering:

(a) Whether the requested area is for a use located on school lands or statutory lands;

(b) The nature of the use and length of authorization requested; and

(c) Whether other applications received by the department to use the same requested area for the same or competing uses.

(2) The department will give a Notice of Lease Availability and provide an opportunity for applications to be submitted if it determines that the greatest public benefit and trust obligations of the department would be best served by offering the requested area through competitive bidding.

(3) The Notice of Lease Availability will state:

(a) The location and size of the requested area;

(b) The use approved by the department for the requested area;

(c) The minimum acceptable bid amount; and

(d) The deadline for submitting a completed application to the department.

(4) The Notice of Lease Availability will be:

(a) Published not less than once each week for two successive weeks in a newspaper of general circulation in the county or counties in which the requested area is located;

(b) Posted on the department's website;

(c) Sent to adjacent landowners bordering the requested area; and

(d) Sent to persons indicating an interest in the requested area.

(5) The department will evaluate all applications received for the requested area as advertised in the Notice of Lease Availability and will determine, at its discretion, the highest qualified applicant. The highest qualified applicant will be offered the lease subject to satisfaction of the requirements of OAR 141-126-0140 and 141-126-0160(3) of these rules. However, the department will have the right to reject any and all bids submitted.

(6) In the event no application is received upon the deadline established in the Notice of Lease Availability, the department may choose to offer the lease to the initial applicant per OAR 141-126-0210(1) if applicable or issue another Notice of Lease Availability to solicit competitive bid applications.

Or. Admin. Code § 141-126-0210

DSL 7-2024, adopt filed 12/10/2024, effective 12/13/2024

Statutory/Other Authority: ORS 273.045, ORS 273.051(2)(b) & ORS 273.245

Statutes/Other Implemented: OR Const. Art. VIII, Sec. 2 & 5