Or. Admin. Code § 731-070-0010

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

Section 731-070-0010 - Definitions for the Oregon Innovative Partnerships Program

As used in OAR 731-070-0005 to 731-070-0340:

(1) "Agency" means any agency of the State of Oregon or any political subdivision thereof authorized by law to enter into public contracts, as defined in ORS 279A.010(1), and any public body created by intergovernmental agreement.

(2) "Commission" or "OTC" means the Oregon Transportation Commission created by ORS 184.612 and any person or persons authorized or directed by the Commission to take any action or make any decision authorized by these rules on the Commission's behalf.

(3) "Department" or "ODOT" means the Oregon Department of Transportation created by ORS 184.615.

(4) "Director" means the Director of Transportation appointed under ORS 184.620 and any person or persons authorized or directed by the Director to take any action or make any decision authorized by these rules on the Director's behalf.

(5) "Key Persons" means key officials of the proposing entity who play a critical role in running the enterprise and whose loss or unavailability could jeopardize the success of the venture. Any change or addition of Key Persons is subject to the provisions of OAR 731-0080.

(6) "Local government" has the meaning given that term in ORS 174.116.

(7) "Major Partner" means, with respect to a limited liability company or joint venture, each firm, business organization or person that has an ownership interest therein in excess of 5%.

(8) "Major Subcontractor" is any subcontractor designated in the proposal to perform 10% or more of the scope of work for a proposed Project.

(9) "Private Contribution" means resources supplied by a private entity to accomplish all or any part of the work on a transportation system project, including funds, financing, income, revenue, cost sharing, technology, staff, materials, equipment, expertise, data, or engineering, construction, or maintenance services, or other items of value.

(10) "Program" or "OIPP" means the Oregon Innovative Partnerships Program established under ORS 367.800 to 367.826.

(11) "Project Team" means the group of Key Persons and staff of the proposer or consortium of proposers who will lead the project.

(12) "Public-Private Partnerships" or "PPP" means a nontraditional arrangement between the Department and one or more private or public entities that provides for the implementation of a Transportation Project. "Public-Private Partnership" or "P3" does not have the meaning, attributes or incidents of a "partnership" as used in ORS chapters 68 and 70 or in common law. Attributes may include:

(a) Acceptance of a private contribution to a transportation system project or service in exchange for a public benefit concerning that project or service;

(b) Sharing of resources and the means of providing transportation system projects or services;

(c) Cooperation in researching, developing, and implementing transportation system projects or services;

(d) Use of innovative funding methods; or

(e) Expedited project delivery.

(13) "Sensitive business, commercial or financial information that is not customarily provided to business competitors" includes records or information pertaining to activities of the proposer that are commercial in nature, are intended to be treated with a high degree of discretion and which would not be provided to the proposer's competitors.

(14) "Tollway" has the meaning given that term in ORS 383.003.

(15) "Transportation Project" or "Project" has the meaning given that term in ORS 367.802.

(16) "Unsolicited Proposal" means any proposal from a pre-qualified proposer under OAR 731-070-0340 for a Project submitted under OAR 731-070-0050.

(17) Terms not otherwise defined herein shall have the meaning given them in ORS 367.800 to 367.826.

Or. Admin. Code § 731-070-0010

DOT 5-2004, f. & cert. ef. 8-26-04; DOT 4-2009, f. & cert. ef. 12-22-09; DOT 1-2016, f. & cert. ef. 3/22/2016; DOT 6-2018, minor correction filed 07/30/2018, effective 7/30/2018; 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