2017 ORS 279C.400¹
Competitive proposals
  • procedure

(1) When authorized or required by an exemption granted under ORS 279C.335 (Competitive bidding), a contracting agency may solicit and award a public improvement contract, or may award multiple public improvement contracts when specified in the request for proposals, by requesting and evaluating competitive proposals. A contract awarded under this section may be amended only in accordance with rules adopted under ORS 279A.065 (Model rules generally).

(2) Except as provided in ORS 279C.330 (“Findings” defined) to 279C.355 (Evaluation of public improvement projects not contracted by competitive bidding), 279C.360 (Requirement for public improvement advertisements) to 279C.390 (Exemption of contracts from bid security and bonds), 279C.395 (Rejection of bids) and 279C.430 (Prequalification of bidders) to 279C.450 (Appeal procedure for decision to deny, revoke or revise prequalification), competitive proposals shall be subject to the following requirements of competitive bidding:

(a) Advertisement under ORS 279C.360 (Requirement for public improvement advertisements);

(b) Requirements for solicitation documents under ORS 279C.365 (Requirements for solicitation documents and bids and proposals);

(c) Disqualification due to a Construction Contractors Board listing as described in ORS 279C.375 (Award and execution of contract) (3)(a);

(d) Contract execution and bonding requirements under ORS 279C.375 (Award and execution of contract) and 279C.380 (Performance bond);

(e) Determination of responsibility under ORS 279C.375 (Award and execution of contract) (3)(b);

(f) Rejection of bids under ORS 279C.395 (Rejection of bids); and

(g) Disqualification and prequalification under ORS 279C.430 (Prequalification of bidders), 279C.435 (Effect of prequalification by Department of Transportation or Oregon Department of Administrative Services) and 279C.440 (Disqualification from consideration for award of contracts).

(3) For the purposes of applying the requirements listed in subsection (2) of this section to competitive proposals, when used in the sections listed in subsection (2) of this section, “bids” includes proposals, and “bid documents” and “invitation to bid” include requests for proposals.

(4) Competitive proposals are not subject to the following requirements of competitive bidding:

(a) First-tier subcontractor disclosure under ORS 279C.370 (First-tier subcontractor disclosure); and

(b) Reciprocal preference under ORS 279A.120 (Preference for Oregon goods and services).

(5) The contracting agency may require proposal security that serves the same function with respect to proposals as bid security serves with respect to bids under ORS 279C.365 (Requirements for solicitation documents and bids and proposals) (5) and 279C.385 (Return or retention of bid security), as follows:

(a) The contracting agency may require proposal security in a form and amount as may be determined to be reasonably necessary or prudent to protect the interests of the contracting agency.

(b) The contracting agency shall retain the proposal security if a proposer who is awarded a contract fails to promptly and properly execute the contract and provide any required bonds or insurance.

(c) The contracting agency shall return the proposal security to all proposers upon the execution of the contract, or earlier in the selection process.

(6) In all other respects, and subject to rules adopted under ORS 279A.065 (Model rules generally), references in this chapter to invitations to bid, bids or bidders shall, to the extent practicable within the proposal process, be deemed equally applicable to requests for proposals, proposals or proposers. However, notwithstanding ORS 279C.375 (Award and execution of contract) (1), a contracting agency may not be required to award a contract advertised under the competitive proposal process based on price, but may award the contract in accordance with ORS 279C.410 (Receipt of proposals) (8). [2003 c.794 §129; 2005 c.103 §23; 2007 c.764 §29]

1 Legislative Counsel Committee, CHAPTER 279C—Public Improvements and Related Contracts, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors279C.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.