Oregon Revised Statutes
As used in this chapter, unless the context or a specifically applicable definition requires otherwise: “Invitation to bid” means all documents, whether attached or incorporated by reference, used for soliciting bids. “Procurement description” means the words used in a solicitation to describe the goods or services to be procured. “Procurement description”…
In addition to the policy stated in ORS 279A.015, it is the policy of the State of Oregon that public contracting activities should: Provide effective outcomes that represent optimal value to the contracting agency and, to the greatest extent feasible, be consistent with market practices; Seek consistency in procurement practices between contracting agenci…
Except as provided in ORS 279C.320, public contracting under this chapter is subject to ORS chapter 279A, but not ORS chapter 279C.
When labor is employed by a contracting agency through a contractor, a person may not be required or permitted to labor more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity or emergency or when the public policy absolutely requires it, in which event, the person so employed for excessive hours shall receive at least ti…
All contracting agencies shall establish procurement practices that ensure, to the maximum extent economically feasible, the procurement of goods that may be recycled or reused when discarded.
Except as provided in ORS 279B.036, before conducting a procurement for services with an estimated contract price that exceeds $250,000, a contracting agency shall: Demonstrate, by means of a written cost analysis in accordance with ORS 279B.033, that the contracting agency would incur less cost in conducting the procurement than in performing the services …
In the cost analysis required under ORS 279B.030, a contracting agency shall: Estimate the contracting agency’s cost of performing the services, including: Salary or wage and benefit costs for contracting agency employees who are directly involved in performing the services, including employees who inspect, supervise or monitor the performance of the servi…
Notwithstanding the provisions of ORS 279B.033 (2)(a), a contracting agency may proceed with a procurement if the contracting agency reasonably determines in writing that using the contracting agency’s own personnel or resources to perform the services that the contracting agency intends to procure is not feasible. The contracting agency may make the determi…
Except as provided in subsection (2) of this section, a state contracting agency that procures personal services for the purpose of advising or assisting the state contracting agency in developing specifications, a scope or statement of work, an invitation to bid, a request for proposals or other solicitation documents and materials related to a procurement …
Every public contract that is subject to this chapter must include a representation and warranty from the contractor that the contractor has complied with the tax laws of this state or a political subdivision of this state, including but not limited to ORS 305.620 and ORS chapters 316, 317 and 318. The public contract must also require a covenant from the co…
Except as provided in subsection (2) of this section, a contracting agency shall award a public contract for goods or services by competitive sealed bidding under ORS 279B.055 or competitive sealed proposals under ORS 279B.060. The requirements of subsection (1) of this section do not apply to public contracts established as provided in ORS 279B.065, 279B.0…
A contracting agency may solicit and award a public contract for goods or services, or may award multiple public contracts for goods or services when specified in the invitation to bid, by competitive sealed bidding. The contracting agency shall issue an invitation to bid, which must: Specify a time and date by which the bids must be received and a place a…
A contracting agency may solicit and award a public contract for goods or services, or may award multiple public contracts for goods or services when specified in the request for proposals, by requesting and evaluating competitive sealed proposals. A request for proposals must: Specify a time and date by which sealed proposals must be received, and a place…
A contracting agency may award a public contract for goods or services that does not exceed a contract price of $25,000 in any manner the contracting agency deems practical or convenient, including by direct selection or award. A contract awarded under this section may be amended to exceed $25,000 only in accordance with rules adopted under ORS 279A.065. A …
A contracting agency may award a public contract for goods or services that exceeds a contract price of $25,000, but does not exceed a contract price of $250,000, as provided in subsection (4) of this section. A contract awarded under this section may be amended to exceed $250,000 only in accordance with rules adopted under ORS 279A.065. A state contracting…
A contracting agency may award a contract for goods or services without competition if the Director of the Oregon Department of Administrative Services, a local contract review board, a state contracting agency, if the state contracting agency has procurement authority under ORS 279A.050, the State Chief Information Officer, with respect to goods or services…
The head of a contracting agency, or a person designated under ORS 279A.075, may make or authorize others to make emergency procurements of goods or services in an emergency. The contracting agency shall document the nature of the emergency and describe the method used for the selection of the particular contractor. For an emergency procurement of construct…
As used in this section and ORS 279B.400: “Class special procurement” means a contracting procedure that differs from the procedures described in ORS 279B.055, 279B.060, 279B.065 and 279B.070 and is for the purpose of entering into a series of contracts over time or for multiple projects. “Contract-specific special procurement” means a contracting procedur…
Any solicitation or procurement described in a solicitation may be canceled, or any or all bids or proposals may be rejected in whole or in part, when the cancellation or rejection is in the best interest of the contracting agency as determined by the contracting agency. The reasons for the cancellation or rejection must be made part of the solicitation file…
As part of a contracting agency’s evaluation of a bid or proposal, the contracting agency shall determine whether the bidder or proposer is responsible in accordance with the standards of responsibility set forth in subsection (2) of this section. If the contracting agency determines that a bidder or proposer is not responsible, the contracting agency shall …
A bidder or proposer that submits a bid or proposal for a public contract may submit with the bid or proposal a personnel deployment disclosure. A personnel deployment disclosure that a bidder or proposer submits under this section must state: The number of workers that the bidder or proposer and the bidder or proposer’s subcontractors plan to deploy to per…
A contracting agency may develop and maintain a qualified products list in instances in which the testing or examination of goods before initiating a procurement is necessary or desirable in order to best satisfy the requirements of the contracting agency. For purposes of this section, “goods” includes products that have associated or incidental service comp…
A contracting agency may prequalify prospective bidders or proposers to submit bids or proposals for public contracts to provide particular types of goods or services. The method of submitting prequalification applications, the information required in order to be prequalified and the forms to be used for submitting prequalification information shall be deter…
When a contracting agency permits or requires prequalification of bidders or proposers, a prospective bidder or proposer who wishes to prequalify shall submit a prequalification application to the contracting agency on a form prescribed under ORS 279B.120 (1). Upon receipt of a prequalification application, the contracting agency shall investigate the prospe…
A contracting agency may debar a prospective bidder or proposer from consideration for award of the contracting agency’s contracts for the reasons listed in subsection (2) of this section after providing the prospective bidder or proposer with notice and a reasonable opportunity to be heard. A contracting agency may not debar a prospective bidder or propose…
At least seven days before the award of a public contract, unless the contracting agency determines that seven days is impractical under rules adopted under ORS 279A.065, the contracting agency shall post or provide to each bidder or proposer notice of the contracting agency’s intent to award a contract. This section does not apply to a contract awarded as a…
A price agreement constitutes a firm offer by the contractor regardless of whether any order or purchase has been made or any performance has been tendered under the price agreement. Unless the price agreement otherwise provides, a price agreement is enforceable for the period stated in the price agreement and, notwithstanding ORS 72.2050, obligations thereu…
A determination under ORS 279B.030, 279B.033, 279B.036, 279B.055 (3) and (7), 279B.060 (4) and (14), 279B.075, 279B.080, 279B.085 and 279B.110 is final and conclusive unless the determination is clearly erroneous, arbitrary, capricious or contrary to law. SPECIFICATIONS (General Provisions)
As used in ORS 279B.200 to 279B.240: “Brand name or equal specification” means a specification that uses one or more manufacturers’ names, makes, catalog numbers or similar identifying characteristics to describe the standard of quality, performance, functionality or other characteristics needed to meet the contracting agency’s requirements and that authori…
Consistent with ORS 279A.015, specifications must seek to promote optimal value and suitability for the purposes intended and to reasonably encourage competition in satisfying a contracting agency’s needs. Subject to ORS 279B.405, the specification content must be determined in the sole discretion of the contracting agency.
It is the policy of the State of Oregon to encourage the development of clear, precise and accurate specifications in solicitations for public contracts. To that end, in developing specifications, contracting agencies may consult, under contract or otherwise, with technical experts, suppliers, prospective contractors and representatives of the industries wit…
A brand name or equal specification may be used when the use of a brand name or equal specification is advantageous to the contracting agency, because the brand name describes the standard of quality, performance, functionality and other characteristics of the product needed by the contracting agency. The contracting agency is entitled to determine what con…
Every public contract shall contain a condition that the contractor shall: 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. Pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performanc…
Every public contract for lawn and landscape maintenance shall contain a condition requiring the contractor to salvage, recycle, compost or mulch yard waste material at an approved site, if feasible and cost-effective.
Every public 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…
Except as provided in subsections (3) to (6) of this section, every public contract subject to this chapter must provide that: A contractor may not employ an employee for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires otherwise, and in such cases, except i…
Every contracting agency shall revise its procedures and specifications for the procurement of lubricating oil and industrial oil to eliminate any exclusion of recycled oils and any requirement that oils be manufactured from virgin materials. (Specifications in State Contracts)
A state contracting agency procuring goods or personal services shall: Review the contracting agency’s current procurement specifications in order to eliminate, wherever economically feasible, discrimination against the procurement of recovered resources or recycled materials. Provide incentives, wherever economically feasible, in all procurement specifica…
The Oregon Department of Administrative Services, in consultation with the Department of Environmental Quality, shall revise its procedures and specifications for state procurement of goods containing recycled PETE, as well as other recycled plastic resins, to encourage the procurement of such goods, provided similarities in quality and price exist between r…
The Oregon Department of Administrative Services shall review and work with state agencies to develop procurement specifications that encourage the use of recycled products whenever economically feasible, if the quality of a recycled product is functionally equal to the same product manufactured with virgin resources, including but not limited to recycled pa…
As used in this section: “Affiliated entity” means an entity that a prospective contractor controls, that controls the prospective contractor or that another entity controls in common with the prospective contractor. “Conflict minerals” means: Columbite-tantalite or an ore for tantalum; Cassiterite or an ore for tin; Wolframite or an ore for tungsten; …
Before seeking judicial review of the approval of a special procurement, a person must file a protest, in accordance with the rules adopted under ORS 279A.065, with the Director of the Oregon Department of Administrative Services or the local contracting agency, as applicable, and exhaust all available nonjudicial remedies. The rules adopted under ORS 279A.0…
As used in this section: “Brand name” means a brand name specification as defined in ORS 279B.200. “Legally flawed” means that a solicitation document contains terms or conditions that are contrary to law. “Unnecessarily restrictive” means that specifications limit competition arbitrarily, without reasonably promoting the fulfillment of the procurement ne…
A bidder or proposer may protest the award of a public contract or a notice of intent to award a public contract, whichever occurs first, if: The bidder or proposer is adversely affected because the bidder or proposer would be eligible to be awarded the public contract in the event that the protest were successful; and The reason for the protest is that: …
As used in this section, “bidder” includes a person who submits a proposal to a public contracting agency pursuant to a request for proposals. A decision by a state contracting agency on a protest of a contract award is reviewable by the Circuit Court for Marion County or the circuit court for the county in which the principal offices of the state contracti…
If a contracting agency allegedly violates a provision of ORS chapter 279A and a judicial remedy is not otherwise available under ORS chapter 279A, 279B or 279C, the alleged violation is subject to judicial review only as provided in this section. If a contracting agency allegedly violates a provision of this chapter, except a provision of ORS 279B.030, 279…
The procedure for appeal from the denial, revocation or revision of a prequalification under ORS 279B.125, or from a debarment under ORS 279B.130, shall be in accordance with this section and is not subject to ORS chapter 183 except when specifically provided by this section. Upon receipt of a notice from a contracting agency of a prequalification decision …