Or. Admin. Code § 731-005-0430

Current through Register Vol. 63, No. 10, October 1, 2024

Section 731-005-0430 - Definitions

(1) Addendum or Addenda: An addition or deletion to, a material change in, or general interest explanation of the Solicitation Document. Addenda shall be labeled as such and distributed to all interested entities in accordance with these rules.

(2) Alternative Contracting Delivery and Selection Method: A delivery method other than the conventional method of design-bid-build, such as variations of Design/Build, CM/GC, ID/IQ and similar and forms of contracting. The use of an Alternative Contracting Method is an exception to ORS 279C.300 and is subject to the exemption process as set forth in ORS 279C.335 and OAR 137-049-0620 and related rules.

(3) Bid: A competitive Offer, binding on the Bidder and submitted in response to an Invitation to Bid (ITB):

(a) Lump Sum Bid: A Bid that is the total completed project price;

(b) Unit Price Bid: A Bid that provides unit prices based upon estimated quantities.

(4) Bidder: An Entity that submits a Bid in response to an ITB.

(5) Closing: The date and time announced in the Solicitation Document as the deadline for submitting Offers.

(6) Certified Firm: A company that possess one or more current, valid certification(s) from the Oregon Certification Office for Business Inclusion and Diversity.

(7) Conduct Disqualification: A Disqualification pursuant to ORS 279C.440.

(8) Contract: The Written agreement, resulting from the Solicitation Document that defines the Work to be completed and sets forth the rights and obligations of the parties.

(9) Contract Amount: Sum of the amounts computed by multiplying the Bid item quantities by the unit price in the schedule of Contract prices of the Contract as awarded.

(10) Contract Price: The total of the awarded Bid amount, including any approved alternates, and any fully executed change orders or amendments.

(11) Contract Review Authority: The Director of the Oregon Department of Transportation.

(12) Contractor: The Entity awarded the Contract in response to the Solicitation Document.

(13) DAS: Oregon Department of Administrative Services.

(14) Days: Calendar days unless otherwise specified by these rules.

(15) DBE Disqualification: A Disqualification pursuant to ORS 200.065, 200.075 or 279A.110.

(16) Descriptive Literature: The Offeror's materials submitted to provide information concerning the products and/or services available in response to the Solicitation Document.

(17) Disqualification: The preclusion of an Entity from contracting with ODOT for a period of time. Disqualification may be a Conduct Disqualification as defined above, performance disqualification for failure to meet standards listed in OAR 734-010-0290(4), DBE Disqualification or disqualification for lack of specific demonstrated experience (special prequalification as described in OAR 731-007-0520(2)). ODOT is authorized to disqualify an Entity in accordance with OAR 731-005-0710.

(18) Electronic Advertisement: ODOT's Solicitation Document, or other document inviting participation in ODOT's procurements made available over the Internet via:

(a) The World Wide Web or some other Internet protocol; or

(b) ODOT's Electronic Procurement System.

(19) Electronic Data Interchange Operating Agreement or EDI Operating Agreement: A series of standards that provide computer to computer exchange of business documents between organizations over telephone lines or computer networks. An EDI document is a document that has been transmitted pursuant to an EDI Operating Agreement.

(20) Electronic Offer: A response to ODOT's Solicitation Document submitted to ODOT via:

(a) The World Wide Web or some other Internet protocol; or

(b) ODOT's Electronic Procurement System.

(21) Electronic Procurement System or Electronic Procurement: An information system that persons may access through the Internet using the World Wide Web or some other Internet protocol or that persons may otherwise remotely access using a computer, that enables persons to send Electronic Offers and ODOT to post Electronic Advertisements, receive Electronic Offers, and conduct other activities related to a procurement.

(22) Emergency: Circumstances that could not have been reasonably foreseen, and that create a substantial risk of loss, damage, interruption of services, or threat to public health or safety with regard to a public improvement.

(23) Entity: A natural person capable of being legally bound, sole proprietorship, limited liability company, corporation, partnership, limited liability partnership, limited partnership, profit and nonprofit unincorporated association, business trust, two or more persons having a joint or common economic interest, or any other person with legal capacity to contract, or a government or governmental subdivision.

(24) Exempted Selection Method: A selection method other than the Low Bid method, such as cost plus multiparameter (time, qualifications, approach, and/or means and methods) and other similar forms of selection. Use of an Exempted Selection Method does not result in an Alternative Contracting Delivery Method. The use of an Exempted Selection Method is an exception to ORS 279C.300 and is subject to the exemption process as set forth in ORS 279C.335.

(25) Highway Construction Contract. A Public Improvement Contract governed by OAR 731, divisions 5 and 7, and that is approved by the Oregon Transportation Commission in the Statewide Transportation Improvement Program.

(26) Invitation to Bid or ITB: A notice to Contractors disseminating information pertaining to bidding of Public Improvement projects including availability of Solicitation Documents.

(27) Non-Resident Contractor: A Contractor that is not domiciled in or registered to do business in the State of Oregon. See OAR 731-005-0750.

(28) Non-Road Diesel Equipment: Equipment used in the course of performing a public improvement contract, powered by a compression ignition diesel engine of 25 horsepower or more that is not designed primarily to propel a motor vehicle on public highways.

(29) ODOT: The Oregon Department of Transportation.

(30) Offer: A Bid.

(31) Offeror: A Bidder.

(32) Opening: The date, time and place announced in the Solicitation Document for the public Opening of Written sealed Offers or Electronic Offers.

(33) Product Sample: A representative specimen of the item offered by the Offeror in response to the Solicitation Document. Unless otherwise provided in the Solicitation Document, the Product Sample shall be the exact product or a representative portion of that product offered by the Offeror.

(34) Project Site: The geographic dimensions of the real property, not including any improvements or fixtures, on which the Work is to be performed, including designated contiguous staging areas.

(35) Public Improvement: Projects relating to maintenance or construction of highways, bridges, parks or other transportation facilities by or for ODOT. "Public improvement" does not include emergency Work, minor alteration, ordinary repair or maintenance necessary in order to preserve a Public Improvement.

(36) Region Construction Contract: Public Improvement Contract not governed by OAR chapter 731, divisions 5 and 7. Region Construction Contracts are governed by chapter 731, division 149. Region Construction Contracts also include procurements in support of Highway Construction Contracts.

(37) Responsible Offeror (also, Responsible Bidder): Is an Entity that has submitted an Offer and meets the standards set forth in OAR 731-005-0670(1)(c)(H) and that has not been disqualified by ODOT under OAR 731-005-0710.

(38) Responsive Offer (also, Responsive Bid): An Offer that substantially complies with applicable solicitation procedures and requirements and the Solicitation Document.

(39) Signed or Signature: Any mark, word or symbol executed or adopted by an Entity evidencing intent to be bound, which may include electronic or digital signature.

(40) Solicitation Document: Documents that define the procurement of a Public Improvement project including but not limited to Bid booklet, plans, Specifications, requirements, provisions and includes all documents incorporated by reference.

(41) Specification: Any description of the physical or functional characteristics, or of the nature of a supply, service or construction item, including any requirement for inspecting, testing, or preparing a supply, service, or construction item for delivery and the quantities or qualities of materials to be furnished under the Contract. Specifications generally will state the result to be obtained and may, on occasion, describe the method and manner of doing the Work to be performed.

(42) Tie Offers: Tie Offers shall have the meaning set forth in OAR 731-005-0660.

(43) Tier 4 Exhaust Emission Standard: The Tier 4 compression ignition diesel engine emission standard established by the United States Environmental Protection Agency in 40 CFR 89.112.

(44) Verified Diesel Oxidation Catalyst: A diesel oxidation catalyst verified by the United States Environmental Protection Agency under 40 CFR 89.112 for Non-Road Diesel Equipment.

(45) Verified Diesel Particulate Filter: A diesel particulate filter verified by the United States Environmental Protection Agency under 40 CFR 89.112 for Non-Road Diesel Equipment.

(46) Work: The furnishing of all materials, equipment, labor, and incidentals necessary for the successful completion of any individual item or the entire Contract and for the successful completion of all duties and obligations imposed by the Contract.

(47) Written or Writing: Conventional paper documents either manuscript or printed, in contrast to spoken words. It includes electronic transmissions if the Solicitation Document or Contract permits.

Or. Admin. Code § 731-005-0430

DOT 2-2005, f. 2-16-05, cert. ef. 3-1-05; DOT 4-2007, f. & cert. ef. 5-23-07; DOT 4-2018, amend filed 04/26/2018, effective 4/26/2018; DOT 2-2022, amend filed 01/25/2022, effective 1/25/2022; DOT 6-2022, amend filed 05/24/2022, effective 5/24/2022; DOT 1-2024, amend filed 05/09/2024, effective 6/1/2024

Statutory/Other Authority: ORS 184.619, 279A.050 & 279A.065

Statutes/Other Implemented: ORS 279A & 279C