ORS 279B.425
Review of prequalification and debarment decisions


(1)

The procedure for appeal from the denial, revocation or revision of a prequalification under ORS 279B.125 (Application for prequalification), or from a debarment under ORS 279B.130 (Debarment of prospective bidders and proposers), shall be in accordance with this section and is not subject to ORS chapter 183 except when specifically provided by this section.

(2)

Upon receipt of a notice from a contracting agency of a prequalification decision under ORS 279B.125 (Application for prequalification) or of a decision to debar under ORS 279B.130 (Debarment of prospective bidders and proposers), a prospective bidder or proposer that wishes to appeal the decision shall, within three business days after receipt of the notice, notify the contracting agency that the prospective bidder or proposer appeals the decision as provided in this section.

(3)

Immediately upon receipt of the prospective bidder’s or proposer’s notice of appeal, the contracting agency shall:

(a)

If the contracting agency is a state contracting agency, notify the Director of the Oregon Department of Administrative Services.

(b)

If the contracting agency is a local contracting agency, notify the appropriate local contract review board.

(4)

Upon the receipt of notice from the contracting agency under subsection (3) of this section, the director or board shall promptly notify the person appealing and the contracting agency of the time and place of the hearing. The director or board shall conduct the hearing and decide the appeal within 30 days after receiving the notice from the contracting agency. The director or board shall set forth in writing the reasons for the hearing decision.

(5)

At the hearing the director or board shall consider de novo the notice of denial, revocation or revision of a prequalification or the notice of debarment, the standards of responsibility listed in ORS 279B.110 (Responsibility of bidders and proposers) (2) on which the contracting agency based the denial, revocation or revision of the prequalification or the reasons listed in ORS 279B.130 (Debarment of prospective bidders and proposers) (2) on which the contracting agency based the debarment, and any evidence provided by the parties. In all other respects, a hearing before the director shall be conducted in the same manner as a contested case under ORS 183.417 (Procedure in contested case hearing) (1) to (4) and (7), 183.425 (Depositions or subpoena of material witness), 183.440 (Subpoenas in contested cases), 183.450 (Evidence in contested cases) and 183.452 (Representation of agencies at contested case hearings). Hearings before a board shall be conducted under rules of procedure adopted by the board.

(6)

The director or board may allocate the director’s or board’s costs for the hearing between the person appealing and the contracting agency whose prequalification or debarment decision is being appealed. The allocation shall be based upon facts found by the director or board and stated in the final order that, in the director’s or board’s opinion, warrant such allocation of costs. If the final order does not allocate the costs for the hearing, the costs shall be paid as follows:

(a)

If the decision to deny, revoke or revise a prequalification of a person as a bidder or the decision to debar a person is upheld, the costs shall be paid by the person appealing the decision.

(b)

If the decision to deny, revoke or revise a prequalification of a person as a bidder or the decision to debar a person is reversed, the costs shall be paid by the contracting agency whose prequalification or debarment decision is the subject of the appeal.

(7)

A decision of the director or board may be reviewed only upon a petition, filed within 15 days after the date of the decision, in the circuit court of the county in which the director or board has its principal office. The circuit court shall reverse or modify the decision only if it finds:

(a)

The decision was obtained through corruption, fraud or undue means;

(b)

There was evident partiality or corruption that operated to the substantial prejudice of the petitioner on the part of the director or board or any of the board’s members; or

(c)

There was an evident material miscalculation of figures or an evident material mistake in the description of any person, thing or property referred to in the decision, and the miscalculation or mistake operated to the substantial prejudice of the petitioner.

(8)

The procedure provided in this section is the exclusive means of judicial review of the decision of the director or board. The judicial review provisions of ORS 183.480 (Judicial review of agency orders) and writs of review and mandamus as provided in ORS chapter 34, and other legal, declaratory and injunctive remedies, are not available.

(9)

The circuit court may stay the letting of the contract that is the subject of the petition in the same manner as a suit in equity. When the court determines that there has been an improper debarment or denial, revocation or revision of a prequalification and the contract has been let, the court may proceed to take evidence to determine the damages, if any, suffered by the petitioner and may award such damages as the court may find as a judgment against the director or board. The court may award costs and attorney fees to the prevailing party. [2003 c.794 §87; 2007 c.288 §12]

Source: Section 279B.425 — Review of prequalification and debarment decisions, 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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