3.2.2 As soon as the approval of an experimental device is revoked, the applicable requirements for Title 23 of the Us Code and Title 23 of the Federal Code apply immediately. Notwithstanding the above, any withdrawal of an authorization pursuant to this section 3.2 concerns only the eligibility of Title 23 for projects or elements of those not subject to a project agreement and (a) not to invalidate or request an amendment to previously executed contracts (including the pre-development agreement and implementation agreement) concluded on the basis of such an authorization. and (c) in another way retroactive to the closed items or activities. In addition, revocation of an authorization does not affect ODOT`s ability to place change orders or execute changes, amendments and complementary agreements for previously executed contracts. 5.1.3.1 ODOT and FHWA will develop a formal project supervision agreement, which will allow FHWA to be properly involved in the development process of federally funded projects and monitor the overall effectiveness of the process. FHWA`s involvement in the design and construction of a federally funded project is determined by the EDA as well as a separate monitoring and fidle agreement between ODOT and FHWA. „implementation agreement,” an agreement or agreement that ODOT must enter into with the developer for one or more of the following activities after the completion of the activities under the development agreement: acquisition, financing, design, construction, operation or maintenance of a project and other services related to the development of projects that are not provided under the pre-development agreement; An implementation agreement may cover one or more projects. 7.1.4 OTE does not rule out an agreement on the delivery of routine maintenance services that are not funded by the federal government, the pre-development agreement refers to any agreement between ODOT and a developer that provides the developer with the framework for collaboration with ODOT for conceptual, interim and final project planning, as well as the implementation of certain services related to project development. A pre-development agreement should encompass all or some of the following activities: development of a pre-development plan, pre-development public relations plan, funding plan and implementation plan, contribution to ODOT activities related to the Oregon Collaborative Agreement on the Environment and Online Transportation (CETAS), environmental permits and public information, as well as related preliminary work. A pre-development agreement may cover one or more projects.

6.1.2 23 C.R. 636.1 19 (b) is intended to ensure compliance with federal competition requirements in the allocation of services under certain public-private agreements, depending on whether this agreement sets the price and the transfer of risks. If the agreement does not set a price and transfer of risk, the developer must comply with the corresponding FHWA procurement requirements when purchasing services under the agreement and all subsequent contracts executed by the developer are considered to be primary contracts. However, if the agreement sets the price and the transfer of risk, the developer is not bound by the FHWA`s procurement requirements and all subsequent contracts executed by the developer are considered subcontractors. The pre-development agreement itself does not set a price or risk allocation for the design and construction of the project, but sets a framework for pricing and risk allocation in the implementation agreement. Therefore, as part of the procedure envisaged by ODOT, it is not appropriate to review the pre-development agreement to determine whether the price and risk have been awarded for the purposes of 23 C.F.R.