Debarment of prospective bidders and proposers
(1)(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]
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