2007 ORS 279C.375¹
Award of contract or multiple contracts
  • bonds
  • impermissible exclusions

(1) After bids are opened and a determination is made that a public improvement contract is to be awarded, the contracting agency shall award the contract to the lowest responsible bidder.

(2) At least seven days before the award of a public improvement contract, unless the contracting agency determines that seven days is impractical under rules adopted under ORS 279A.065 (Model rules generally), the contracting agency shall issue to each bidder or post, electronically or otherwise, a notice of the contracting agency’s intent to award a contract. This subsection does not apply to a contract excepted or exempted from competitive bidding under ORS 279C.335 (Competitive bidding) (1)(c) or (d). The notice and its manner of posting or issuance must conform to rules adopted under ORS 279A.065 (Model rules generally).

(3) In determining the lowest responsible bidder, a contracting agency shall do all of the following:

(a) Check the list created by the Construction Contractors Board under ORS 701.227 (Disqualification from eligibility for certain public contracts) for bidders who are not qualified to hold a public improvement contract.

(b) Determine whether the bidder has met the standards of responsibility. In making the determination, the contracting agency shall consider whether a bidder has:

(A) Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain the resources and expertise, necessary to meet all contractual responsibilities.

(B) A satisfactory record of performance. The contracting agency shall document the record of performance of a bidder if the contracting agency finds the bidder not to be responsible under this subparagraph.

(C) A satisfactory record of integrity. The contracting agency shall document the record of integrity of a bidder if the contracting agency finds the bidder not to be responsible under this subparagraph.

(D) Qualified legally to contract with the contracting agency.

(E) Supplied all necessary information in connection with the inquiry concerning responsibility. If a bidder fails to promptly supply information requested by the contracting agency concerning responsibility, the contracting agency shall base the determination of responsibility upon any available information, or may find the bidder not to be responsible.

(c) Document the contracting agency’s compliance with the requirements of paragraphs (a) and (b) of this subsection in substantially the following form:

______________________________________________________________________________

RESPONSIBILITY DETERMINATION FORM

Project Name: ____________

Bid Number: ____________

Business Entity Name: ____________

CCB License Number: ____________

Form Submitted By (Contracting Agency): ____________

Form Submitted By (Contracting Agency Representative’s Name): ____________

Title: ____________

Date: ____________

(The contracting agency must submit this form with attachments, if any, to the

Construction Contractors Board within 30 days after the date of contract award.)

The contracting agency has (check all of the following):

[ ] Checked the list created by the

Construction Contractors Board

under ORS 701.227 (Disqualification from eligibility for certain public contracts) for bidders who

are not qualified to hold a public

improvement contract.

[ ] Determined whether the bidder has

met the standards of responsibility.

In so doing, the contracting agency

has considered whether the bidder:

[ ] Has available the appropriate

financial, material, equipment,

facility and personnel resources

and expertise, or the ability to

obtain the resources and

expertise, necessary to meet

all contractual responsibilities.

[ ] Has a satisfactory record of

performance.

[ ] Has a satisfactory record of

integrity.

[ ] Is qualified legally to contract

with the contracting agency.

[ ] Has supplied all necessary

information in connection with

the inquiry concerning

responsibility.

[ ] Determined the bidder to be

(check one of the following):

[ ] Responsible under ORS 279C.375 (Award of contract or multiple contracts)

(3)(a) and (b).

[ ] Not responsible under

ORS 279C.375 (Award of contract or multiple contracts) (3)(a) and (b).

(Attach documentation if the contracting agency finds the bidder not to be responsible.)

______________________________________________________________________________

(d) Submit the form described in paragraph (c) of this subsection, with any attachments, to the Construction Contractors Board within 30 days after the date the contracting agency awards the contract.

(4) The successful bidder shall:

(a) Promptly execute a formal contract; and

(b) Execute and deliver to the contracting agency a performance bond and a payment bond when required under ORS 279C.380 (Performance bond).

(5) Based on competitive bids, a contracting agency may award a public improvement contract or may award multiple public improvement contracts when specified in the invitation to bid.

(6) A contracting agency may not exclude a commercial contractor from competing for a public contract on the basis that the license issued by the Construction Contractors Board is endorsed as a level 1 or level 2 license. As used in this section, "commercial contractor" has the meaning given that term in ORS 701.005 (Definitions). [2003 c.794 §117; 2005 c.103 §§17,18; 2005 c.376 §1; 2007 c.764 §§26,27; 2007 c.836 §§42,43]

Note: The amendments to 279C.375 (Award of contract or multiple contracts) by section 43, chapter 836, Oregon Laws 2007, become operative July 1, 2008. See section 70, chapter 836, Oregon Laws 2007. The text that is operative until July 1, 2008, including amendments by section 27, chapter 764, Oregon Laws 2007, is set forth for the user’s convenience.

279C.375 (Award of contract or multiple contracts). (1) After bids are opened and a determination is made that a public improvement contract is to be awarded, the contracting agency shall award the contract to the lowest responsible bidder.

(2) At least seven days before the award of a public improvement contract, unless the contracting agency determines that seven days is impractical under rules adopted under ORS 279A.065 (Model rules generally), the contracting agency shall issue to each bidder or post, electronically or otherwise, a notice of the contracting agency’s intent to award a contract. This subsection does not apply to a contract excepted or exempted from competitive bidding under ORS 279C.335 (Competitive bidding) (1)(c) or (d). The notice and its manner of posting or issuance must conform to rules adopted under ORS 279A.065 (Model rules generally).

(3) In determining the lowest responsible bidder, a contracting agency shall do all of the following:

(a) Check the list created by the Construction Contractors Board under ORS 701.227 (Disqualification from eligibility for certain public contracts) for bidders who are not qualified to hold a public improvement contract.

(b) Determine whether the bidder has met the standards of responsibility. In making the determination, the contracting agency shall consider whether a bidder has:

(A) Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain the resources and expertise, necessary to meet all contractual responsibilities.

(B) A satisfactory record of performance. The contracting agency shall document the record of performance of a bidder if the contracting agency finds the bidder not to be responsible under this subparagraph.

(C) A satisfactory record of integrity. The contracting agency shall document the record of integrity of a bidder if the contracting agency finds the bidder not to be responsible under this subparagraph.

(D) Qualified legally to contract with the contracting agency.

(E) Supplied all necessary information in connection with the inquiry concerning responsibility. If a bidder fails to promptly supply information requested by the contracting agency concerning responsibility, the contracting agency shall base the determination of responsibility upon any available information, or may find the bidder not to be responsible.

(c) Document the contracting agency’s compliance with the requirements of paragraphs (a) and (b) of this subsection in substantially the following form:

______________________________________________________________________________

RESPONSIBILITY DETERMINATION FORM

Project Name: ____________

Bid Number: ____________

Business Entity Name: ____________

CCB License Number: ____________

Form Submitted By (Contracting Agency): ____________

Form Submitted By (Contracting Agency Representative’s Name): ____________

Title: ____________

Date: ____________

(The contracting agency must submit this form with attachments, if any, to the

Construction Contractors Board within 30 days after the date of contract award.)

The contracting agency has (check all of the following):

[ ] Checked the list created by the

Construction Contractors Board

under ORS 701.227 (Disqualification from eligibility for certain public contracts) for bidders who

are not qualified to hold a public

improvement contract.

[ ] Determined whether the bidder has

met the standards of responsibility.

In so doing, the contracting agency

has considered whether the bidder:

[ ] Has available the appropriate

financial, material, equipment,

facility and personnel resources

and expertise, or the ability to

obtain the resources and expertise,

necessary to meet all contractual

responsibilities.

[ ] Has a satisfactory record of

performance.

[ ] Has a satisfactory record of

integrity.

[ ] Is qualified legally to contract with

the contracting agency.

[ ] Has supplied all necessary

information in connection with the

inquiry concerning responsibility.

[ ] Determined the bidder to be

(check one of the following):

[ ] Responsible under ORS 279C.375 (Award of contract or multiple contracts)

(3)(a) and (b).

[ ] Not responsible under ORS 279C.375 (Award of contract or multiple contracts)

(3)(a) and (b).

(Attach documentation if the contracting agency finds the bidder not to be responsible.)

______________________________________________________________________________

(d) Submit the form described in paragraph (c) of this subsection, with any attachments, to the Construction Contractors Board within 30 days after the date the contracting agency awards the contract.

(4) The successful bidder shall:

(a) Promptly execute a formal contract; and

(b) Execute and deliver to the contracting agency a performance bond and a payment bond when required under ORS 279C.380 (Performance bond).

(5) Based on competitive bids, a contracting agency may award a public improvement contract or may award multiple public improvement contracts when specified in the invitation to bid.

1 Legislative Counsel Committee, CHAPTER 279C—Public Contracting - Public Improvements and Related Contracts, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­279c.­html (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.