OAR 731-070-0044: Negotiations

(1) ODOT Authority to Elect Direct Negotiations. ODOT may elect to enter into direct negotiations for a Public-Private Partnership with a private entity or unit of Local Government. ODOT may request a proposal from the entity or unit of Local Government, and may specify requirements for proposal content, and the criteria and procedures under which ODOT will evaluate the proposal for further negotiations towards a final agreement. (2) ODOT Authority to Elect Competitive Negotiations. ODOT may elect to enter competitive negotiations with multiple proposers to select from among proposals solicited under section (1) of this rule or OAR 731-070-0020. Negotiations under this section are part of the proposal evaluation process and do not constitute the negotiation of a Transportation Project agreement. (a) The object of competitive negotiations is to maximize ODOT's ability to obtain best value and to permit proposers to develop revised proposals. (b) ODOT may conduct competitive negotiations serially or concurrently with more than one proposer. Negotiations may include, but are not limited to: (A) Informing proposers of deficiencies in their proposals; (B) Notifying proposers of parts of their proposals for which ODOT would like additional information; and (C) Allowing proposers to develop revised proposals to permit ODOT to obtain the best proposal based on the requirements and evaluation criteria set forth in the notice or request. The scope, manner and extent of negotiations with any proposer are subject to ODOT's discretion. To prevent the disclosure of proposal information to a proposer’s competitors, ODOT may conduct negotiations with proposers before information about the subject proposals is shared with other government entities under ORS 367.804(5)(a). (c) In conducting negotiations, ODOT: (A) Shall treat all proposers fairly and shall not engage in conduct that favors any proposer over another; (B) Shall not reveal to another proposer a proposer’s unique technology, unique or innovative approaches to Transportation Project design, management or financing, or any information that would compromise the proposer’s intellectual property, trade secrets or sensitive business information; or (C) Shall not reveal the pricing information of one proposer to another proposer except to indicate the proposal price is too high or too low relative to other proposals.