Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0200 - Solicitation Documents; Required Provisions; Assignment or Transfer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Solicitation
			 Document. Pursuant to ORS
			 279C.365 and this rule, the
			 Solicitation Document shall include the following:
(a) General Information:
(A) Identification of the Public Improvement
			 project, including the character of the Work, and applicable plans,
			 Specifications and other Contract documents;
(B) Notice of any pre-Offer conference as
			 follows:
(i) The time, date and location of
			 any pre-Offer conference;
(ii)
			 Whether attendance at the conference will be mandatory or voluntary;
			 and
(iii) That statements made by
			 the Contracting Agency's representatives at the conference are not binding upon
			 the Contracting Agency unless confirmed by Written Addendum.
(C) The deadline for submitting
			 mandatory prequalification applications and the class or classes of Work for
			 which Offerors must be prequalified if prequalification is a
			 requirement;
(D) The name and title
			 of the authorized Contracting Agency Person designated for receipt of Offers
			 and contact Person (if different);
(E) Instructions and information concerning
			 the form and submission of Offers, including the address of the office to which
			 Offers must be delivered, any Bid or Proposal security requirements, and any
			 other required information or special information, e.g., whether Offers may be
			 submitted by facsimile or electronic means (See OAR 137-049-0300  regarding
			 facsimile Bids or Proposals and OAR 137-049-0310  regarding electronic
			 Procurement);
(F) The time, date
			 and place of Opening;
(G) The time
			 and date of Closing after which a Contracting Agency will not accept Offers,
			 which time shall be not less than five Days after the date of the last
			 publication of the advertisement. Although a minimum of five Days is
			 prescribed, Contracting Agencies are encouraged to use at least a 14 Day
			 solicitation period when feasible. If the Contracting Agency is issuing an ITB
			 that may result in a Public Improvement Contract with a value in excess of
			 $100,000, the Contracting Agency shall designate a time of Closing consistent
			 with the first-tier subcontractor disclosure requirements of ORS
			 279C.370(1)(b)
			 and OAR 137-049-0360. For timing issues relating to Addenda, see OAR
			 137-049-0250;
(H) The office where
			 the Specifications for the Work may be reviewed;
(I) A statement that each Bidder to an ITB
			 must identify whether the Bidder is a "resident Bidder," as defined in ORS
			 279A.120;
(J) If the Contract resulting from a
			 solicitation will be a Contract for a Public Work subject to ORS
			 279C.800 to
			 279C.870 or the Davis-Bacon Act
			 (40 U.S.C.
			 3141 to
			 3148), a statement that no Offer
			 will be received or considered by the Contracting Agency unless the Offer
			 contains a statement by the Offeror as a part of its Offer that "Contractor
			 agrees to be bound by and will comply with the provisions of 279C.838, 279C.840
			 or 40 U.S.C.
			 3141 to
			 3148."
(K) A statement that the Contracting Agency
			 will not receive or consider an Offer for a Public Improvement Contract unless
			 the Offeror is registered with the Construction Contractors Board, or is
			 licensed by the State Landscape Contractors Board, as specified in OAR
			 137-049-0230;
(L) Whether a
			 Contractor or a subcontractor under the Contract must be licensed under ORS
			 468A.720 regarding asbestos
			 abatement projects;
(M)
			 Contractor's certification of nondiscrimination in obtaining required
			 subcontractors in accordance with ORS
			 279A.110(4).
			 (See OAR 137-049-0440(3));
(N) How
			 the Contracting Agency will notify Offerors of Addenda and how the Contracting
			 Agency will make Addenda available (See OAR 137-049-0250); and
(O) When applicable, instructions and forms
			 regarding First-Tier Subcontractor Disclosure requirements, as set forth in OAR
			 137-049-0360.