Oregon Administrative Rules
Chapter 731 - DEPARTMENT OF TRANSPORTATION
Division 5 - PUBLIC CONTRACT RULES; HIGHWAY AND BRIDGE PROJECTS
Section 731-005-0420 - Applicability

(1) OAR 731-005-0410 through 731-005-0770 apply to Highway Construction Contracts, unless an exemption to use an Alternative Contracting Delivery and Selection Method has been granted in accordance with 279C.335. Highway Construction Contracts delivered through an Alternative Contracting Delivery and Selection Method are subject to (2) below.

(2) Alternative Contracting Delivery and Selection Methods: OAR 137-049-0610 through 137-049-0690 related to Alternative Contracting Methods for Public Improvement Contracts are adopted to apply to Highway Construction Contracts subject to an Alternative Contracting Delivery and Selection Method exemption. Per ORS 279C.337, construction manager/general contractor services shall be procured in accordance with the model rules the Attorney General adopts under ORS 279A.065 (3) as may be updated from time to time (see OAR 137-049-0690 et al); therefore, OAR 137-049-0610 through 137-049-0690 applicable to procurements of construction manager/general contractor services adopted pursuant to ORS 279A.065(3) and ORS 279C.337(1), are directly applicable to the Oregon Department of Transportation and are not separately adopted herein.

(3) All other ODOT Public Improvement Contracts not included in (1) or (2) above are governed by OAR chapter 731, division 149, and are exempt from these OAR chapter 731, division 5 and division 7 rules.

(4) The Oregon Department of Transportation adopts DOJ Model Rule 137-049-0360 First-Tier Subcontractors; Disclosure and Substitution.