ORS 279A.110¹
Discrimination in subcontracting prohibited
  • remedies

(1) A bidder or proposer who competes for or is awarded a public contract may not discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a minority, women or emerging small business enterprise certified under ORS 200.055 (Certification of disadvantaged, minority, women or emerging small business enterprises).

(2) A contracting agency may debar or disqualify, under ORS 279B.130 (Debarment of prospective bidders and proposers) or 279C.440 (Disqualification from consideration for award of contracts), as appropriate, a bidder or proposer if the contracting agency finds that the bidder or proposer has violated subsection (1) of this section in the awarding of a subcontract in connection with a contract advertised by the contracting agency or a contract between the contracting agency and the bidder or proposer. A debarred or disqualified bidder or proposer may appeal the debarment or disqualification under ORS 279B.425 (Review of prequalification and debarment decisions) or ORS 279C.445 (Appeal of disqualification) and 279C.450 (Appeal procedure for prequalification and disqualification decisions), as appropriate.

(3) A contracting agency may not allege an occurrence of discrimination in subcontracting as a basis for debarring or disqualifying a bidder or proposer under subsection (2) of this section more than three years after the alleged discriminatory conduct occurred or more than three years after the contracting agency, in the exercise of reasonable diligence, should have discovered the conduct, whichever is later.

(4) A bidder or proposer shall certify in the documents accompanying the bidder’s or proposer’s offer to enter into a public contract that the bidder or proposer has not discriminated and will not discriminate, in violation of subsection (1) of this section, against any minority, women or emerging small business enterprise in obtaining any required subcontract.

(5) After a contractor is awarded a public contract, if the contractor violates the certification made under subsection (4) of this section, the contracting agency may regard the violation as a breach of contract that permits:

(a) Termination of the contract; or

(b) The contracting agency to exercise any remedies for breach of contract that are reserved in the contract. [2003 c.794 §15]

1 Legislative Counsel Committee, CHAPTER 279A—Public Contracting - General Provisions, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors279A.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information