reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.115 - Direct contracts for services of consultants.

(1) As used in this section, "consultant" means an architect, engineer, photogrammetrist, transportation planner or land surveyor.
(2) A contracting agency may enter into a contract for architectural, engineering, photogrammetric mapping, transportation planning or land surveying services or related services directly with a consultant if the project described in the contract consists of work that has been substantially described, planned or otherwise previously studied or rendered in an earlier contract with the consultant that was awarded under rules adopted under ORS 279A.065 and the new contract is a continuation of the project.
(3) A contracting agency may adopt criteria for determining when this section applies to a contract for architectural, engineering, photogrammetric mapping, transportation planning or land surveying services or related services. [2003 c.794 §94; 2011 c.458 §5]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.120 - Selection procedure for related services.

(1) A contracting agency may select consultants to perform related services:
(a) In accordance with screening and selection procedures adopted under ORS 279C.105;
(b) On the basis of the qualifications of the consultants for the types of related services required, under the requirements of ORS 279C.110; or
(c) On the basis of price competition, price and performance evaluations, an evaluation of the capabilities of bidders to perform the needed related services or an evaluation of the capabilities of the bidders to perform the needed related services followed by negotiations between the parties on the price for those related services.
(2) Subject to the requirements of subsection (1) of this section, the procedures that a contracting agency adopts for the screening and selection of consultants and the selection of a candidate under this section is within the sole discretion of the contracting agency and may be adjusted to accommodate the contracting agency’s scope, schedule and budget objectives for a particular project. Adjustments to accommodate a contracting agency’s objectives may include provision for the direct appointment of a consultant if the value of the project does not exceed a threshold amount as determined by the contracting agency. [2003 c.794 §95]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.125 - Architectural, engineering, photogrammetric mapping, transportation planning and land surveying services selection process for local public improvements procured through state agency; rules.

(1) The Department of Transportation, the Oregon Department of Administrative Services or any other state contracting agency shall adopt rules establishing a two-tiered selection process for contracts with architects, engineers, photogrammetrists, transportation planners and land surveyors to perform personal services contracts. The selection process shall apply only if:
(a) A public improvement is owned and maintained by a local government; and
(b) The Department of Transportation, the Oregon Department of Administrative Services or another state contracting agency will serve as the lead state contracting agency and will execute personal services contracts with architects, engineers, photogrammetrists, transportation planners and land surveyors for work on the public improvement project.
(2) The selection process required by subsection (1) of this section must require the lead state contracting agency to select no fewer than the three most qualified consultants when feasible in accordance with ORS 279C.110.
(3) The local government is responsible for the final selection of the consultant from the list of qualified consultants selected by the lead state contracting agency or through an alternative process adopted by the local government.
(4) Nothing in this section applies to the selection process used by a local contracting agency when the contracting agency executes a contract directly with architects, engineers, photogrammetrists, transportation planners or land surveyors. [2003 c.794 §96; 2011 c.458 §6]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.300 - Policy on competition.

It is the policy of the State of Oregon that public improvement contracts awarded under this chapter must be based on competitive bidding, except as otherwise specifically provided in ORS 279C.335 for exceptions and formal exemptions from competitive bidding requirements. [2003 c.794 §97]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.310 - Limitation on contracting agency constructing public improvement.

If a contracting agency fails to adopt and apply a cost accounting system that substantially complies with the model cost accounting guidelines developed by the Oregon Department of Administrative Services pursuant to section 3, chapter 869, Oregon Laws 1979, as determined by an accountant qualified to perform audits required by ORS 297.210 and 297.405 to 297.555 (Municipal Audit Law), the contracting agency may not construct a public improvement with the contracting agency’s own equipment or personnel if the cost exceeds $5,000. [2003 c.794 §99]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.315 - Waiver of damages for unreasonable delay by contracting agency against public policy.

(1) Any clause in a public improvement contract that purports to waive, release or extinguish the rights of a contractor to damages or an equitable adjustment arising out of unreasonable delay in performing the contract, if the delay is caused by acts or omissions of the contracting agency or persons acting therefor, is against public policy and is void and unenforceable.
(2) Subsection (1) of this section is not intended to render void any contract provision that:
(a) Requires notice of any delay;
(b) Provides for arbitration or other procedures for settlement of contract disputes; or
(c) Provides for reasonable liquidated damages. [2003 c.794 §100]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.320 - Contracts for construction other than public improvements.

(1) Contracting agencies shall enter into contracts for emergency work, minor alteration, ordinary repair or maintenance of public improvements, as well as any other construction contract that is not defined as a public improvement under ORS 279A.010, in accordance with the provisions of ORS chapter 279B. Contracts for emergency work are regulated under ORS 279B.080.
(2) Nothing in this section relieves contracting agencies or contractors of any other relevant requirements under this chapter, including payment of prevailing wage rates when applicable.
(3) When construction services are not considered to be a public improvement under this chapter because no funds of a public agency are directly or indirectly used, except for participation that is incidental or related primarily to project design or inspection, the benefiting public body may nonetheless condition acceptance of the services on receipt of such protections as the public body considers to be in the public interest, including a performance bond, a payment bond and appropriate insurance. [2003 c.794 §101; 2007 c.764 §13]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.325 - Limitation on contracting agency awarding contract to nonresident education service district.

A contracting agency may not award a public improvement contract, a contract for a public works, as defined in ORS 279C.800, or a contract for personal services, as defined in ORS 279C.100, to a nonresident bidder, as defined in ORS 279A.120, that is an education service district. [2005 c.413 §2]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.330 - "Findings" defined.

(1) As used in ORS 279C.345 and 279C.350, "findings" means the justification for a contracting agency conclusion that includes, but is not limited to, information regarding:
(a) Operational, budget and financial data;
(b) Public benefits;
(c) Value engineering;
(d) Specialized expertise required;
(e) Public safety;
(f) Market conditions;
(g) Technical complexity; and
(h) Funding sources.
(2) As used in ORS 279C.335, "findings" means the justification for a conclusion that a contracting agency or state agency, in seeking an exemption from the competitive bidding requirement of ORS 279C.335 (1), reaches based on the considerations set forth in ORS 279C.335 (2). [2003 c.794 §102; 2013 c.522 §7]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.340 - Contract negotiations.

If a public improvement contract is competitively bid and all responsive bids from responsible bidders exceed the contracting agency’s cost estimate, the contracting agency, in accordance with rules adopted by the contracting agency, may negotiate with the lowest responsive, responsible bidder, prior to awarding the contract, in order to solicit value engineering and other options to attempt to bring the contract within the contracting agency’s cost estimate. A negotiation with the lowest responsive, responsible bidder under this section may not result in the award of the contract to that bidder if the scope of the project is significantly changed from the original bid proposal. Notwithstanding any other provision of law, the records of a bidder used in contract negotiation under this section are not subject to public inspection until after the negotiated contract has been awarded or the negotiation process has been terminated. [2003 c.794 §106]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.345 - Specifications for contracts; exemptions.

(1) Specifications for public improvement contracts may not expressly or implicitly require any product by any brand name or mark, nor the product of any particular manufacturer or seller unless the product is exempt under subsection (2) of this section.
(2) 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 may exempt certain products or classes of products from subsection (1) of this section upon any of the following findings:
(a) It is unlikely that the exemption will encourage favoritism in the awarding of public improvement contracts or substantially diminish competition for public improvement contracts;
(b) The specification of a product by brand name or mark, or the product of a particular manufacturer or seller, would result in substantial cost savings to the contracting agency;
(c) There is only one manufacturer or seller of the product of the quality required; or
(d) Efficient utilization of existing equipment or supplies requires the acquisition of compatible equipment or supplies. [2003 c.794 §107; 2007 c.764 §19]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.465 - Action against successful bidder; amount of damages; when action to be commenced; defenses.

(1) Any person that loses a competitive bid or proposal for a contract involving the construction, repair, remodeling, alteration, conversion, modernization, improvement, rehabilitation, replacement or renovation of a building or structure may bring an action for damages against another person who is awarded the contract for which the bid or proposal was made if the person making the losing bid or proposal can establish that the other person knowingly violated ORS 279C.840, 656.017, 657.505, 701.021 or 701.026 while performing the work under the contract, or knowingly failed to pay to the Department of Revenue all sums withheld from employees under ORS 316.167.
(2) A person bringing an action under this section must establish a violation of ORS 279C.840, 316.167, 656.017, 657.505, 701.021 or 701.026 by a preponderance of the evidence.
(3) Upon establishing that the violation occurred, the person shall recover, as liquidated damages, 10 percent of the total amount of the contract or $5,000, whichever is greater.
(4) In any action under this section, the prevailing party is entitled to an award of reasonable attorney fees.
(5) An action under this section must be commenced within two years of the substantial completion of the construction, repair, remodeling, alteration, conversion, modernization, improvement, rehabilitation, replacement or renovation. For the purposes of this subsection, "substantial completion" has the meaning given that term in ORS 12.135.
(6) A person may not recover any amounts under this section if the defendant in the action establishes by a preponderance of the evidence that the plaintiff:
(a) Was in violation of ORS 701.021 or 701.026 at the time of making the bid or proposal on the contract;
(b) Was in violation of ORS 316.167, 656.017 or 657.505 with respect to any employees of the plaintiff as of the time of making the bid or proposal on the contract; or
(c) Was in violation of ORS 279C.840 with respect to any contract performed by the plaintiff within one year before making the bid or proposal on the contract at issue in the action. [2003 c.794 §135; 2007 c.836 §44]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.470 - Compensation for contractor on contract declared void by court; exceptions; applicability.

(1) If a court determines that a public improvement contract is void because the contracting agency letting the contract failed to comply with any statutory or regulatory competitive bidding or other procurement requirements, and the contractor entered into the contract without intentionally violating the laws regulating public improvement contracts, then, unless the court determines that substantial injustice would result, the contractor is entitled to reimbursement for work performed under the contract as follows:
(a) If the work under the public improvement contract is substantially complete, the contracting agency shall ratify the contract.
(b) If the work under the public improvement contract is not substantially complete, the contracting agency shall ratify the contract and the contract shall be deemed terminated. Upon termination, the contractor shall be paid in accordance with ORS 279C.660, unless the court determines that payment under ORS 279C.660 would be a substantial injustice to the contracting agency or the contractor, in which case the contractor shall be paid as the court deems equitable.
(c) For the purposes of this section, a ratified contract shall be deemed valid, binding and legally enforceable, and the contractor’s payment and performance bonds shall remain in full force and effect.
(2) Notwithstanding subsection (1) of this section, if a court determines that a public improvement contract is void as a result of fraudulent or criminal acts or omissions of the contractor or of both the contracting agency letting the contract and the contractor, the contractor is not entitled to reimbursement for work performed under the contract.
(3) This section does not apply to a public improvement contract if:
(a) The contracting agency’s employee that awarded the public improvement contract did not have the authority to do so under law, ordinance, charter, contract or agency rule; or
(b) Payment is otherwise prohibited by Oregon law.
(4) The contractor and all subcontractors under a public improvement contract are prohibited from asserting that the public improvement contract is void for any reason described in this section. [2003 c.794 §136]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.500 - "Person" defined.

As used in ORS 279C.500 to 279C.530, unless the context otherwise requires, "person" includes the State Accident Insurance Fund Corporation and the Department of Revenue. [2003 c.794 §137]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.505 - Conditions concerning payment, contributions, liens, withholding, drug testing.

(1) Every public improvement contract shall contain a condition that the contractor shall:
(a) Make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the work provided for in the contract.
(b) Pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of the contract.
(c) Not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished.
(d) Pay to the Department of Revenue all sums withheld from employees under ORS 316.167.
(2) In addition to the conditions specified in subsection (1) of this section, every public improvement contract shall contain a condition that the contractor shall demonstrate that an employee drug testing program is in place. [2003 c.794 §138; 2005 c.103 §27]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.510 - Demolition contracts to require material salvage; lawn and landscape maintenance contracts to require composting or mulching.

(1) Every public improvement contract for demolition shall contain a condition requiring the contractor to salvage or recycle construction and demolition debris, if feasible and cost-effective.
(2) Every public improvement contract for lawn and landscape maintenance shall contain a condition requiring the contractor to compost or mulch yard waste material at an approved site, if feasible and cost-effective. [2003 c.794 §139]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.515 - Conditions concerning payment of claims by public officers, payment to persons furnishing labor or materials and complaints.

(1) Every public improvement contract must contain a clause or condition that, if the contractor fails, neglects or refuses to pay promptly a person’s claim for labor or services that the person provides to the contractor or a subcontractor in connection with the public improvement contract as the claim becomes due, the proper officer that represents the state or a county, school district, municipality or municipal corporation or a subdivision of the state, county, school district, municipality or municipal corporation may pay the amount of the claim to the person that provides the labor or services and charge the amount of the payment against funds due or to become due the contractor by reason of the contract.
(2) Every public improvement contract must contain a clause or condition that, if the contractor or a first-tier subcontractor fails, neglects or refuses to pay a person that provides labor or materials in connection with the public improvement contract within 30 days after receiving payment from the contracting agency or a contractor, the contractor or first-tier subcontractor owes the person the amount due plus interest charges that begin at the end of the 10-day period within which payment is due under ORS 279C.580 (4) and that end upon final payment, unless payment is subject to a good faith dispute as defined in ORS 279C.580. The rate of interest on the amount due is nine percent per annum. The amount of interest may not be waived.
(3) Every public improvement contract and every contract related to the public improvement contract must contain a clause or condition that, if the contractor or a subcontractor fails, neglects or refuses to pay a person that provides labor or materials in connection with the public improvement contract, the person may file a complaint with the Construction Contractors Board, unless payment is subject to a good faith dispute as defined in ORS 279C.580.
(4) Paying a claim in the manner authorized in this section does not relieve the contractor or the contractor’s surety from obligation with respect to an unpaid claim. [2003 c.794 §140; 2005 c.103 §28; 2012 c.4 §1]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.530 - Condition concerning payment for medical care and providing workers’ compensation.

(1) Every public improvement contract shall contain a condition that the contractor shall promptly, as due, make payment to any person, copartnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services.
(2) Every public contract subject to this chapter shall contain a clause or condition that all subject employers working under the contract are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126. [2003 c.794 §143; 2005 c.103 §30]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.534 - Advisory committee for monitoring implementation of apprenticeship condition in public improvement contracts.

(1) The Bureau of Labor and Industries shall establish and provide staffing for an advisory committee to monitor the implementation of, to advise state contracting agencies on compliance with, and to advise the Legislative Assembly on changes needed for better implementation of the requirements set forth in ORS 279C.533.
(2) The advisory committee consists of six members appointed by the Governor for a term of four years, with equal representation from construction contractors that have completed public improvement contracts for the state, or from an association of construction contractors, and from workers who have performed labor on public improvement contracts for the state, or from labor organizations that represent the workers. The Governor may reappoint a member.
(3) The advisory committee may:
(a) Request reports from state contracting agencies concerning compliance with ORS 279C.533, either regularly or in instances when the advisory committee believes a state contracting agency has failed to comply;
(b) Conduct inspections of public improvement contract project sites to determine how state contracting agencies and contractors have implemented the requirements of ORS 279C.533; and
(c) Make recommendations to the Commissioner of the Bureau of Labor and Industries concerning changes that the advisory committee believes necessary to better implement the requirements of ORS 279C.533.
(4) A majority of the members of the advisory committee constitutes a quorum for transacting business and a majority of the members of the advisory committee must approve any official action.
(5) The Governor shall appoint a member to replace any member that leaves a vacancy on the advisory committee. The appointment is immediately effective.
(6) The advisory committee shall meet at least once each calendar quarter and may adopt procedures necessary to carry out the committee’s functions.
(7) Members of the advisory committee are not entitled to compensation, but may be reimbursed for actual and necessary travel and other expenses the members incur in performing the members’ official duties. The Bureau of Labor and Industries shall pay the expenses out of funds appropriated to the bureau for the advisory committee. [2017 c.416 §4]
Note:
279C.534 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 279C or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.