reglab/housing_qa huggingface dataset:
OR Rev Stat § 279C.350 (2021)
2021 Oregon Revised Statutes|Volume : 07 - Public Facilities and Finance|Chapter 279C - Public Contracting - Public Improvements and Related Contracts|Section 279C.350 - Exemption procedure; appeal.

(1) Exemptions granted by the Director of the Oregon Department of Administrative Services under ORS 279C.335 (2) or 279C.345 (2) constitute rulemaking and not contested cases under ORS chapter 183. However, an exemption granted with regard to a specific public improvement contract by the Director of the Oregon Department of Administrative Services, or an exemption granted by the Director of Transportation with regard to a specific public improvement contract or class of public improvement contracts described in ORS 279A.050 (3)(b), shall be granted by order. The order shall set forth findings supporting the decision to grant or deny the request for the exemption. The order is reviewable under ORS 183.484 and does not constitute a contested case order. Jurisdiction for review of the order is with the Circuit Court of Marion County. The court may award costs and attorney fees to the prevailing party. (2) Any person except the contracting agency or anyone representing the contracting agency may bring a petition for a declaratory judgment to test the validity of any rule adopted by the Director of the Oregon Department of Administrative Services under ORS 279C.335 or 279C.345 in the manner provided in ORS 183.400. (3) Any person except the contracting agency or anyone representing the contracting agency may bring an action for writ of review under ORS chapter 34 to test the validity of an exemption granted under ORS 279C.335 or 279C.345 by a local contract review board. [2003 c.794 §108; 2003 c.794 §109; 2007 c.764 §20]
OR Rev Stat § 279C.355 (2021)
2021 Oregon Revised Statutes|Volume : 07 - Public Facilities and Finance|Chapter 279C - Public Contracting - Public Improvements and Related Contracts|Section 279C.355 - Evaluation of public improvement projects not contracted by competitive bidding.

(1) Upon completion of and final payment for any public improvement contract, or class of public improvement contracts, in excess of $100,000 for which the contracting agency did not use the competitive bidding process, the contracting agency shall prepare and deliver to the Director of the Oregon Department of Administrative Services, the local contract review board or, for public improvement contracts described in ORS 279A.050 (3)(b), the Director of Transportation an evaluation of the public improvement contract or the class of public improvement contracts. (2) The evaluation must include but is not limited to the following matters: (a) The actual project cost as compared with original project estimates; (b) The amount of any guaranteed maximum price; (c) The number of project change orders issued by the contracting agency; (d) A narrative description of successes and failures during the design, engineering and construction of the project; and (e) An objective assessment of the use of the alternative contracting process as compared to the findings required by ORS 279C.335. (3) The evaluations required by this section: (a) Must be made available for public inspection; and (b) Must be completed within 30 days of the date the contracting agency accepts: (A) The public improvement project; or (B) The last public improvement project if the project falls within a class of public improvement contracts. [2003 c.794 §111; 2003 c.794 §112; 2007 c.764 §§22,23]
OR Rev Stat § 279C.360 (2021)
2021 Oregon Revised Statutes|Volume : 07 - Public Facilities and Finance|Chapter 279C - Public Contracting - Public Improvements and Related Contracts|Section 279C.360 - Requirement for public improvement advertisements.

(1) An advertisement for public improvement contracts must be published at least once in at least one newspaper of general circulation in the area where the contract is to be performed and in as many additional issues and publications as the contracting agency may determine. The Director of the Oregon Department of Administrative Services, a local contract review board or, for contracts described in ORS 279A.050 (3)(b), the Director of Transportation, by rule or order, may authorize advertisements for public improvement contracts to be published electronically instead of in a newspaper of general circulation if the director or board determines that electronic advertisements are likely to be cost-effective. If the public improvement contract has an estimated cost in excess of $125,000, the advertisement must be published in at least one trade newspaper of general statewide circulation. The Director of the Oregon Department of Administrative Services, the Director of Transportation or the local contract review board may, by rule or order, require an advertisement to be published more than once or in one or more additional publications. (2) All advertisements for public improvement contracts must state: (a) The public improvement project; (b) The office where the specifications for the project may be reviewed; (c) The date that prequalification applications must be filed under ORS 279C.430 and the class or classes of work for which bidders must be prequalified if prequalification is a requirement; (d) The date and time after which bids will not be received, which must be at least five days after the date of the last publication of the advertisement; (e) The name and title of the person designated for receipt of bids; (f) The date, time and place that the contracting agency will publicly open the bids; and (g) If the contract is for a public works subject to ORS 279C.800 to 279C.870 or the Davis-Bacon Act (40 U.S.C. 3141 et seq.). [2003 c.794 §114; 2005 c.103 §14a; 2007 c.844 §1]
OR Rev Stat § 279C.385 (2021)
2021 Oregon Revised Statutes|Volume : 07 - Public Facilities and Finance|Chapter 279C - Public Contracting - Public Improvements and Related Contracts|Section 279C.385 - Return or retention of bid security.

(1) A contracting agency shall return the bid security of the successful bidder to the bidder after the bidder: (a) Executes the public improvement contract; and (b) Delivers a good and sufficient performance bond, a good and sufficient payment bond and any required proof of insurance. (2) A bidder who is awarded a contract and who fails promptly and properly to execute the contract and to deliver the performance bond, the payment bond and the proof of insurance, when bonds or insurance are required, shall forfeit the bid security that accompanied the successful bid. The bid security shall be taken and considered as liquidated damages and not as a penalty for failure of the bidder to execute the contract and deliver the bonds and proof of insurance. (3) The contracting agency may return the bid security of unsuccessful bidders to them when the bids have been opened and the contract has been awarded, and may not retain the bid security after the contract has been duly signed. [2003 c.794 §119; 2005 c.103 §21]
OR Rev Stat § 279C.390 (2021)
2021 Oregon Revised Statutes|Volume : 07 - Public Facilities and Finance|Chapter 279C - Public Contracting - Public Improvements and Related Contracts|Section 279C.390 - Exemption of contracts from bid security and bonds.

(1) Subject to the provisions of subsection (2) of this section, the Director of the Oregon Department of Administrative Services, a state contracting agency with procurement authority under ORS 279A.050, a local contract review board or, for contracts described in ORS 279A.050 (3)(b), the Director of Transportation may exempt certain contracts or classes of contracts from all or a portion of the requirement for bid security and from all or a portion of the requirement that good and sufficient bonds be furnished to ensure performance of the contract and payment of obligations incurred in the performance. (2) The contracting agency may require bid security and a good and sufficient performance bond, a good and sufficient payment bond, or any combination of such bonds, even though the public improvement contract is of a class exempted under subsection (1) of this section. (3) The Director of Transportation may: (a) Exempt contracts or classes of contracts financed from the proceeds of bonds issued under ORS 367.620 (3)(a) from the requirement for bid security and from the requirement that a good and sufficient bond be furnished to ensure performance of the contract; or (b) Reduce the amount of the required performance bond for contracts or classes of contracts financed from the proceeds of the bonds issued under ORS 367.620 (3)(a) to less than 100 percent of the contract price. (4) Any recoverable damages that exceed the amount of the performance bond required under subsection (3) of this section shall be the sole responsibility of the Department of Transportation. [2003 c.794 §120; 2003 c.794 §120a; 2007 c.764 §28]
OR Rev Stat § 279C.395 (2021)
2021 Oregon Revised Statutes|Volume : 07 - Public Facilities and Finance|Chapter 279C - Public Contracting - Public Improvements and Related Contracts|Section 279C.395 - Rejection of bids.

A contracting agency may reject any bid not in compliance with all prescribed public bidding procedures and requirements, and may, for good cause, reject all bids upon a finding of the contracting agency it is in the public interest to do so. In any case where competitive bids are required and all bids are rejected, and the proposed project is not abandoned, new bids may be called for as in the first instance. [2003 c.794 §121]
OR Rev Stat § 279C.400 (2021)
2021 Oregon Revised Statutes|Volume : 07 - Public Facilities and Finance|Chapter 279C - Public Contracting - Public Improvements and Related Contracts|Section 279C.400 - Competitive proposals; procedure.

(1) When authorized or required by an exemption granted under ORS 279C.335, a contracting agency may solicit and award a public improvement contract, or may award multiple public improvement contracts when specified in the request for proposals, by requesting and evaluating competitive proposals. A contract awarded under this section may be amended only in accordance with rules adopted under ORS 279A.065. (2) Except as provided in ORS 279C.330 to 279C.355, 279C.360 to 279C.390, 279C.395 and 279C.430 to 279C.450, competitive proposals shall be subject to the following requirements of competitive bidding: (a) Advertisement under ORS 279C.360; (b) Requirements for solicitation documents under ORS 279C.365; (c) Disqualification due to a Construction Contractors Board listing as described in ORS 279C.375 (3)(a); (d) Contract execution and bonding requirements under ORS 279C.375 and 279C.380; (e) Determination of responsibility under ORS 279C.375 (3)(b); (f) Rejection of bids under ORS 279C.395; and (g) Disqualification and prequalification under ORS 279C.430, 279C.435 and 279C.440. (3) For the purposes of applying the requirements listed in subsection (2) of this section to competitive proposals, when used in the sections listed in subsection (2) of this section, "bids" includes proposals, and "bid documents" and "invitation to bid" include requests for proposals. (4) Competitive proposals are not subject to the following requirements of competitive bidding: (a) First-tier subcontractor disclosure under ORS 279C.370; and (b) Reciprocal preference under ORS 279A.120. (5) The contracting agency may require proposal security that serves the same function with respect to proposals as bid security serves with respect to bids under ORS 279C.365 (5) and 279C.385, as follows: (a) The contracting agency may require proposal security in a form and amount as may be determined to be reasonably necessary or prudent to protect the interests of the contracting agency. (b) The contracting agency shall retain the proposal security if a proposer who is awarded a contract fails to promptly and properly execute the contract and provide any required bonds or insurance. (c) The contracting agency shall return the proposal security to all proposers upon the execution of the contract, or earlier in the selection process. (6) In all other respects, and subject to rules adopted under ORS 279A.065, references in this chapter to invitations to bid, bids or bidders shall, to the extent practicable within the proposal process, be deemed equally applicable to requests for proposals, proposals or proposers. However, notwithstanding ORS 279C.375 (1), a contracting agency may not be required to award a contract advertised under the competitive proposal process based on price, but may award the contract in accordance with ORS 279C.410 (8). [2003 c.794 §129; 2005 c.103 §23; 2007 c.764 §29]
OR Rev Stat § 279C.405 (2021)
2021 Oregon Revised Statutes|Volume : 07 - Public Facilities and Finance|Chapter 279C - Public Contracting - Public Improvements and Related Contracts|Section 279C.405 - Requests for information, interest or qualifications; requirements for requests for proposals.

(1) A contracting agency may issue a request for information, a request for interest, a request for qualifications or other preliminary documents to obtain information useful in the preparation or distribution of a request for proposals. (2) In addition to the general requirements of ORS 279C.365, a contracting agency preparing a request for proposals shall include: (a) All required contractual terms and conditions. The request for proposals also may: (A) Identify those contractual terms or conditions the contracting agency reserves, in the request for proposals, for negotiation with proposers; (B) Request that proposers propose contractual terms and conditions that relate to subject matter reasonably identified in the request for proposals; and (C) Contain or incorporate the form and content of the contract that the contracting agency will accept, or suggested contract terms and conditions that nevertheless may be the subject of negotiations with proposers. (b) The method of contractor selection, which may include but is not limited to award without negotiation, negotiation with the highest ranked proposer, competitive negotiations, multiple-tiered competition designed either to identify a class of proposers that fall within a competitive range or to otherwise eliminate from consideration a class of lower ranked proposers, or any combination of methods, as authorized or prescribed by rules adopted under ORS 279A.065. (c) All evaluation factors that will be considered by the contracting agency when evaluating the proposals, including the relative importance of price and any other evaluation factors. [2003 c.794 §130; 2007 c.764 §30]
OR Rev Stat § 279C.412 (2021)
2021 Oregon Revised Statutes|Volume : 07 - Public Facilities and Finance|Chapter 279C - Public Contracting - Public Improvements and Related Contracts|Section 279C.412 - Competitive quotes for intermediate procurements.

(1) A public improvement contract estimated by the contracting agency not to exceed $100,000 may be awarded in accordance with intermediate procurement procedures for competitive quotes established by rules adopted under ORS 279A.065. A contract awarded under this section may be amended to exceed $100,000 only in accordance with rules adopted under ORS 279A.065. (2) A procurement may not be artificially divided or fragmented so as to constitute an intermediate procurement under this section or to circumvent competitive bidding requirements under this chapter. (3) Intermediate procurements under this section need not be made through competitive bidding. However, nothing in this section may be construed as prohibiting a contracting agency from conducting a procurement that does not exceed $100,000 under competitive bidding procedures. [2003 c.794 §132; 2007 c.764 §32]
OR Rev Stat § 279C.414 (2021)
2021 Oregon Revised Statutes|Volume : 07 - Public Facilities and Finance|Chapter 279C - Public Contracting - Public Improvements and Related Contracts|Section 279C.414 - Requirements for competitive quotes.

(1) Rules adopted under ORS 279A.065 to govern competitive quotes shall require the contracting agency to seek at least three informally solicited competitive price quotes from prospective contractors. The contracting agency shall keep a written record of the sources and amounts of the quotes received. If three quotes are not reasonably available, fewer will suffice, but in that event the contracting agency shall make a written record of the effort made to obtain the quotes. (2) If a contract is to be awarded by competitive quotes, the contracting agency shall award the contract to the prospective contractor whose quote will best serve the interests of the contracting agency, taking into account price as well as any other applicable factors such as, but not limited to, experience, specific expertise, availability, project understanding, contractor capacity and responsibility. If an award is not made to the prospective contractor offering the lowest price quote, the contracting agency shall make a written record of the basis for award. [2003 c.794 §133]
OR Rev Stat § 279C.435 (2021)
2021 Oregon Revised Statutes|Volume : 07 - Public Facilities and Finance|Chapter 279C - Public Contracting - Public Improvements and Related Contracts|Section 279C.435 - Effect of prequalification by Department of Transportation or Oregon Department of Administrative Services.

If a person is prequalified with the Department of Transportation or with the Oregon Department of Administrative Services, the person is rebuttably presumed qualified with any other contracting agency for the same kind of work. When qualifying for the same kind of work with another contracting agency, the person may submit proof of the prequalification in lieu of a prequalification application as required by ORS 279C.430. [2003 c.794 §128]
OR Rev Stat § 279C.440 (2021)
2021 Oregon Revised Statutes|Volume : 07 - Public Facilities and Finance|Chapter 279C - Public Contracting - Public Improvements and Related Contracts|Section 279C.440 - Disqualification from consideration for award of contracts.

(1)(a) A contracting agency may disqualify a person from consideration for award of the contracting agency’s contracts for the reasons listed in subsection (2) of this section after providing the person with notice and a reasonable opportunity to be heard. (b) In lieu of the disqualification process described in paragraph (a) of this subsection, a contracting agency contracting for a public improvement may petition the Construction Contractors Board to disqualify a person from consideration for award of the contracting agency’s public improvement contracts for the reasons listed in subsection (2) of this section. The Construction Contractors Board shall provide the person with notice and a reasonable opportunity to be heard. (c) A contracting agency or the Construction Contractors Board may not disqualify a person under this section for a period of more than three years. (2) A person may be disqualified from consideration for award of a contracting agency’s contracts for any of the following reasons: (a) The person has been convicted of a criminal offense as an incident in obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract. (b) The person has been convicted under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty that currently, seriously and directly affects the person’s responsibility as a contractor. (c) The person has been convicted under state or federal antitrust statutes. (d) The person has committed a violation of a contract provision that is regarded by the contracting agency or the Construction Contractors Board to be so serious as to justify disqualification. A violation may include but is not limited to a failure to perform the terms of a contract or an unsatisfactory performance in accordance with the terms of the contract. However, a failure to perform or an unsatisfactory performance caused by acts beyond the control of the contractor may not be considered to be a basis for disqualification. (e) The person does not carry workers’ compensation or unemployment insurance as required by statute. (3) A contracting agency or the Construction Contractors Board shall issue a written decision to disqualify a person under this section. The decision shall: (a) State the reasons for the action taken; and (b) Inform the disqualified person of the appeal right of the person under: (A) ORS 279C.445 and 279C.450 if the decision to disqualify was issued by a contracting agency; or (B) ORS chapter 183 if the decision to disqualify was issued by the Construction Contractors Board. (4) A copy of the decision issued under subsection (3) of this section must be mailed or otherwise furnished immediately to the disqualified person. [2003 c.794 §122]
OR Rev Stat § 279C.445 (2021)
2021 Oregon Revised Statutes|Volume : 07 - Public Facilities and Finance|Chapter 279C - Public Contracting - Public Improvements and Related Contracts|Section 279C.445 - Appeal of disqualification.

Any person who wishes to appeal disqualification shall, within three business days after receipt of notice of disqualification, notify the contracting agency that the person appeals the disqualification. Immediately upon receipt of the notice of appeal: (1) A state contracting agency shall notify the Director of the Oregon Department of Administrative Services. (2) All contracting agencies other than state contracting agencies shall notify the appropriate local contract review board. [2003 c.794 §124]
OR Rev Stat § 279C.460 (2021)
2021 Oregon Revised Statutes|Volume : 07 - Public Facilities and Finance|Chapter 279C - Public Contracting - Public Improvements and Related Contracts|Section 279C.460 - Action by or on behalf of adversely affected bidder or proposer; exception for personal services contract.

(1) Any bidder or proposer adversely affected or any trade association of construction contractors acting on behalf of a member of the association to protect interests common to construction contractor members may commence an action in the circuit court for the county where the principal offices of a contracting agency are located, for the purpose of requiring compliance with, or prevention of violations of, ORS 279C.300 to 279C.470 or to determine the applicability of ORS 279C.300 to 279C.470 to matters or decisions of the contracting agency. (2) The court may order such equitable relief as the court considers appropriate in the circumstances. In addition to or in lieu of any equitable relief, the court may award an aggrieved bidder or proposer any damages suffered by the bidder or proposer as a result of violations of ORS 279C.300 to 279C.470 for the reasonable cost of preparing and submitting a bid or proposal. A decision of the contracting agency may not be voided if other equitable relief is available. (3) If the contracting agency is successful in defending the contracting agency’s actions against claims of violation or potential violation of ORS 279C.300 to 279C.470, the court may award to the aggrieved contracting agency any damages suffered as a result of the court action. (4) The court may order payment of reasonable attorney fees and costs on trial and on appeal to a successful party in an action brought under this section. (5) This section does not apply to personal services contracts under ORS 279C.100 to 279C.125. [2003 c.794 §134; 2007 c.764 §33]