ORS 279B.130
Debarment of prospective bidders and proposers


(1)

Intentionally left blank —Ed.

(a)

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.

(b)

A contracting agency may not debar a prospective bidder or proposer under this section for more than three years.

(2)

A prospective bidder or proposer may be debarred from consideration for award of a contracting agency’s contracts if:

(a)

The prospective bidder or proposer has been convicted of a criminal offense as an incident in obtaining or attempting to obtain a public or private contract or subcontract or in the performance of a public or private contract or subcontract.

(b)

The prospective bidder or proposer has been convicted under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty that currently, seriously and directly affects the prospective bidder’s or proposer’s responsibility as a contractor.

(c)

The prospective bidder or proposer has been convicted under state or federal antitrust statutes.

(d)

The prospective bidder or proposer has committed a violation of a contract provision that is regarded by the contracting agency or the Construction Contractors Board to be so serious as to justify disqualification. A violation may include but is not limited to a failure to perform the terms of a contract or an unsatisfactory performance in accordance with the terms of the contract. However, a failure to perform or an unsatisfactory performance caused by acts beyond the control of the contractor may not be considered to be a basis for debarment.

(e)

The prospective bidder or proposer does not carry workers’ compensation or unemployment insurance as required by statute.

(3)

A contracting agency shall issue a written decision to debar a prospective bidder or proposer under this section. The decision must:

(a)

State the reasons for the action taken; and

(b)

Inform the debarred prospective bidder or proposer of the appeal rights of the prospective bidder or proposer under ORS 279B.425 (Review of prequalification and debarment decisions).

(4)

A copy of the decision issued under subsection (3) of this section must be mailed or otherwise furnished immediately to the debarred prospective bidder or proposer.

(5)

A prospective bidder or proposer that wishes to appeal debarment shall, within three business days after receipt of notice of debarment, notify the contracting agency that the prospective bidder or proposer appeals the debarment as provided in ORS 279B.425 (Review of prequalification and debarment decisions). [2003 c.794 §63; 2007 c.764 §8]

Source: Section 279B.130 — Debarment of prospective bidders and proposers, https://www.­oregonlegislature.­gov/bills_laws/ors/ors279B.­html.

279B.005
Definitions
279B.010
Policy
279B.015
Applicability
279B.020
Maximum hours of labor on public contracts
279B.025
Procurement practices regarding recyclable and reusable goods
279B.030
Demonstration that procurement will cost less than performing service with contracting agency’s own personnel and resources or that performing service is not feasible
279B.033
Contents of cost analysis
279B.036
Determination of feasibility of procurement
279B.040
Prohibition on accepting bid or proposal from contractor that advised or assisted contracting agency to develop specifications or solicitation documents
279B.045
Contractor warranty and covenant concerning tax law compliance
279B.050
Methods of source selection
279B.055
Competitive sealed bidding
279B.060
Competitive sealed proposals
279B.065
Small procurements
279B.070
Intermediate procurements
279B.075
Sole-source procurements
279B.080
Emergency procurements
279B.085
Special procurements
279B.100
Cancellation, rejection, delay of invitations for bids or requests for proposals
279B.110
Responsibility of bidders and proposers
279B.112
Personnel deployment disclosure
279B.115
Qualified products lists
279B.120
Prequalification of prospective bidders and proposers
279B.125
Application for prequalification
279B.130
Debarment of prospective bidders and proposers
279B.135
Notice of intent to award
279B.140
Price agreements
279B.145
Finality of determinations
279B.200
Definitions for ORS 279B.200 to 279B.240
279B.205
Specifications to encourage reasonable competition
279B.210
Policy
279B.215
Brand name or equal specification
279B.220
Conditions concerning payment, contributions, liens, withholding
279B.225
Condition concerning salvaging, recycling, composting or mulching yard waste material
279B.230
Condition concerning payment for medical care and providing workers’ compensation
279B.235
Condition concerning hours of labor
279B.240
Exclusion of recycled oils prohibited
279B.270
State contracting agencies to use recovered resources and recycled materials
279B.275
Purchase of goods containing recycled polyethylene material
279B.280
Use of recycled products when economically feasible
279B.283
Condition concerning use of conflict minerals
279B.400
Protests and judicial review of approvals of special procurements
279B.405
Protests and judicial review of solicitations
279B.410
Protests of contract award
279B.415
Judicial review of protests of contract award
279B.420
Judicial review of other violations
279B.425
Review of prequalification and debarment decisions
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