Chapter 279C — Public Contracting - Public Improvements and Related Contracts

ORS 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.