OAR 330-118-0050: Negotiating Agreement

The agency is authorized to enter into such contractual and other arrangements as may be necessary or convenient to design, develop, operate and finance a project at state-owned or state-rented facilities. Utilities may be vendors. The procedure shall be: (1) Upon entering into a commitment with a vendor, the agency appoints representative(s) to work with the vendor to develop the project. Within three months the agency representative(s) and the vendor complete a project plan, including commissioning and training; develop a detailed budget; decide the allocation of risks and responsibilities of each party from project development through operation; determine costs to be assumed by the agency and by the vendor; determine length of agreement; set timelines. (2) The agency and the vendor execute a written agreement within two months of completing the above tasks. (3) The Department resolves disputes between agency and vendor arising from the project. The director’s decision is final. (4) If changes to the project are made subsequent to the written agreement, the agreement may be amended.