OAR 137-049-0200
Solicitation Documents; Required Provisions; Assignment or Transfer

(1)

Solicitation Document. Pursuant to ORS 279C.365 (Requirements for solicitation documents and bids and proposals) and this rule, the Solicitation Document shall include the following:
(a) General Information:
(A) Identification of the Public Improvement project, including the character of the Work, and applicable plans, Specifications and other Contract documents;
(B) Notice of any pre-Offer conference as follows:
(i) The time, date and location of any pre-Offer conference;
(ii) Whether attendance at the conference will be mandatory or voluntary; and
(iii) That statements made by the Contracting Agency’s representatives at the conference are not binding upon the Contracting Agency unless confirmed by Written Addendum.
(C) The deadline for submitting mandatory prequalification applications and the class or classes of Work for which Offerors must be prequalified if prequalification is a requirement;
(D) The name and title of the authorized Contracting Agency Person designated for receipt of Offers and contact Person (if different);
(E) Instructions and information concerning the form and submission of Offers, including the address of the office to which Offers must be delivered, any Bid or Proposal security requirements, and any other required information or special information, e.g., whether Offers may be submitted by facsimile or electronic means (See OAR 137-049-0300 (Facsimile Bids and Proposals) regarding facsimile Bids or Proposals and OAR 137-049-0310 (Electronic Procurement) regarding electronic Procurement);
(F) The time, date and place of Opening;
(G) The time and date of Closing after which a Contracting Agency will not accept Offers, which time shall be not less than five Days after the date of the last publication of the advertisement. Although a minimum of five Days is prescribed, Contracting Agencies are encouraged to use at least a 14 Day solicitation period when feasible. If the Contracting Agency is issuing an ITB that may result in a Public Improvement Contract with a value in excess of $100,000, the Contracting Agency shall designate a time of Closing consistent with the first-tier subcontractor disclosure requirements of ORS 279C.370 (First-tier subcontractor disclosure)(1)(b) and OAR 137-049-0360 (First-Tier Subcontractors; Disclosure and Substitution). For timing issues relating to Addenda, see OAR 137-049-0250 (Addenda to Solicitation Documents);
(H) The office where the Specifications for the Work may be reviewed;
(I) A statement that each Bidder to an ITB must identify whether the Bidder is a “resident Bidder,” as defined in ORS 279A.120 (Preference for Oregon goods and services);
(J) If the Contract resulting from a solicitation will be a Contract for a Public Work subject to ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage) or the Davis-Bacon Act (40 U.S.C. 3141 to 3148), a statement that no Offer will be received or considered by the Contracting Agency unless the Offer contains a statement by the Offeror as a part of its Offer that "Contractor agrees to be bound by and will comply with the provisions of 279C.838 (Applicability of state and federal rates of wage), 279C.840 (Payment of prevailing rate of wage) or 40 U.S.C. 3141 to 3148."
(K) A statement that the Contracting Agency will not receive or consider an Offer for a Public Improvement Contract unless the Offeror is registered with the Construction Contractors Board, or is licensed by the State Landscape Contractors Board, as specified in OAR 137-049-0230 (Eligibility to Bid or Propose; Registration or License);
(L) Whether a Contractor or a subcontractor under the Contract must be licensed under ORS 468A.720 (Qualifications for license) regarding asbestos abatement projects;
(M) Contractor’s certification of nondiscrimination in obtaining required subcontractors in accordance with ORS 279A.110 (Discrimination in subcontracting prohibited)(4). (See OAR 137-049-0440 (Rejection of Offers)(3));
(N) How the Contracting Agency will notify Offerors of Addenda and how the Contracting Agency will make Addenda available (See OAR 137-049-0250 (Addenda to Solicitation Documents)); and
(O) When applicable, instructions and forms regarding First-Tier Subcontractor Disclosure requirements, as set forth in OAR 137-049-0360 (First-Tier Subcontractors; Disclosure and Substitution).
(b) Evaluation Process:
(A) A statement that the Contracting Agency may reject any Offer not in compliance with all prescribed Public Contracting procedures and requirements, including the requirement to demonstrate the Bidder’s responsibility under ORS 279C.375 (Award and execution of contract)(3)(b), and may reject for good cause all Offers after finding that doing so is in the public interest;
(B) The anticipated solicitation schedule, deadlines, protest process and evaluation process, if any;
(C) Evaluation criteria, including the relative value applicable to each criterion, that the Contracting Agency will use to determine the Responsible Bidder with the lowest Responsive Bid (where Award is based solely on price) or the Responsible Proposer or Proposers with the best Responsive Proposal or Proposals (where use of competitive Proposals is authorized under ORS 279C.335 (Competitive bidding) and OAR 137-049-0620 (Use of Alternative Contracting Methods)), along with the process the Contracting Agency will use to determine acceptability of the Work;
(i) If the Solicitation Document is an Invitation to Bid, the Contracting Agency shall set forth any special price evaluation factors in the Solicitation Document. Examples of such factors include, but are not limited to, conversion costs, transportation cost, volume weighing, trade-in allowances, cash discounts, depreciation allowances, cartage penalties, and ownership or life-cycle cost formulas. Price evaluation factors need not be precise predictors of actual future costs; but, to the extent possible, such evaluation factors shall be objective, reasonable estimates based upon information the Contracting Agency has available concerning future use;
(ii) If the Solicitation Document is a Request for Proposals, the Contracting Agency shall refer to the additional requirements of OAR 137-049-0650 (Requests for Proposals (“RFP”)); and
(c) Contract Provisions. The Contracting Agency shall include all Contract terms and conditions, including warranties, insurance and bonding requirements, that the Contracting Agency considers appropriate for the Public Improvement project. The Contracting Agency must also include all applicable Contract provisions required by Oregon law as follows:
(A) Prompt payment to all Persons supplying labor or material; contributions to Industrial Accident Fund; liens and withholding taxes (ORS 279C.505 (Conditions concerning payment, contributions, liens, withholding, drug testing)(1));
(B) Demonstrate that an employee drug testing program is in place (ORS 279C.505 (Conditions concerning payment, contributions, liens, withholding, drug testing)(2));
(C) If the Contract calls for demolition Work described in ORS 279C.510 (Demolition contracts to require material salvage)(1), a condition requiring the Contractor to salvage or recycle construction and demolition debris, if feasible and cost-effective;
(D) If the Contract calls for lawn or landscape maintenance, a condition requiring the Contractor to compost or mulch yard waste material at an approved site, if feasible and cost effective (ORS 279C.510 (Demolition contracts to require material salvage)(2);
(E) Payment of claims by public officers (ORS 279C.515 (Conditions concerning payment of claims by public officers, payment to persons furnishing labor or materials and complaints)(1));
(F) Contractor and first-tier subcontractor liability for late payment on Public Improvement Contracts pursuant to ORS 279C.515 (Conditions concerning payment of claims by public officers, payment to persons furnishing labor or materials and complaints)(2), including the rate of interest;
(G) Person’s right to file a complaint with the Construction Contractors Board for all Contracts related to a Public Improvement Contract (ORS 279C.515 (Conditions concerning payment of claims by public officers, payment to persons furnishing labor or materials and complaints)(3));
(H) Hours of labor in compliance with ORS 279C.520 (Condition concerning hours of labor);
(I) Environmental and natural resources regulations (ORS 279C.525 (Provisions concerning environmental and natural resources laws));
(J) Payment for medical care and attention to employees (ORS 279C.530 (Condition concerning payment for medical care and providing workers’ compensation)(1));
(K) A Contract provision substantially as follows: "All employers, including Contractor, that employ subject workers who work under this Contract in the State of Oregon shall comply with ORS 656.017 (Employer required to pay compensation and perform other duties) and provide the required Workers’ Compensation coverage, unless such employers are exempt under ORS 656.126 (Coverage while temporarily in or out of state). Contractor shall ensure that each of its subcontractors complies with these requirements." (ORS 279C.530 (Condition concerning payment for medical care and providing workers’ compensation)(2));
(L) Maximum hours, holidays and overtime (ORS 279C.540 (Maximum hours of labor on public contracts));
(M) Time limitation on claims for overtime (ORS 279C.545 (Time limitation on claim for overtime));
(N) Prevailing wage rates (ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage));
(O) BOLI Public Works bond (ORS 279C.830 (Provisions concerning prevailing rate of wage in specifications, contracts and subcontracts)(2));
(P) Retainage (ORS 279C.550 (“Retainage” defined) to 279C.570 (Prompt payment policy));
(Q) Prompt payment policy, progress payments, rate of interest (ORS 279C.570 (Prompt payment policy));
(R) Contractor’s relations with subcontractors (ORS 279C.580 (Contractor’s relations with subcontractors));
(S) Notice of claim (ORS 279C.605 (Notice of claim));
(T) Contractor’s certification of compliance with the Oregon tax laws in accordance with ORS 305.385 (Agencies to supply licensee and contractor lists); and
(U) Contractor’s certification that all subcontractors performing Work described in ORS 701.005 (Definitions)(2) (i.e., construction Work) will be registered with the Construction Contractors Board or licensed by the State Landscape Contractors Board in accordance with ORS 701.035 (Applicant required to be independent contractor to be eligible for license) to 701.055 before the subcontractors commence Work under the Contract.
(V) If the Contract resulting from a solicitation will be a Public Improvement Contract, and if the Public Improvement that is the subject of the solicitation will have a value of $20,000,000 or more and will be located within Multnomah County, Clackamas County or Washington County, State Contracting Agencies must include provisions in the Public Improvement Contract that meet the requirements of HB 2007 (2019 Oregon Laws, Chapter 645) for diesel engines and non-road diesel engines.
(2) Assignment or Transfer Restricted. Unless otherwise provided in the Contract, the Contractor shall not assign, sell, dispose of, or transfer rights, or delegate duties under the Contract, either in whole or in part, without the Contracting Agency’s prior Written consent. Unless otherwise agreed by the Contracting Agency in Writing, such consent shall not relieve the Contractor of any obligations under the Contract. Any assignee or transferee shall be considered the agent of the Contractor and be bound to abide by all provisions of the Contract. If the Contracting Agency consents in Writing to an assignment, sale, disposal or transfer of the Contractor’s rights or delegation of Contractor’s duties, the Contractor and its surety, if any, shall remain liable to the Contracting Agency for complete performance of the Contract as if no such assignment, sale, disposal, transfer or delegation had occurred unless the Contracting Agency otherwise agrees in Writing.

Source: Rule 137-049-0200 — Solicitation Documents; Required Provisions; Assignment or Transfer, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-049-0200.

137‑049‑0100
Application 137‑049‑0110
Policies 137‑049‑0120
Definitions 137‑049‑0130
Competitive Bidding Requirement 137‑049‑0140
Contracts for Construction Other Than Public Improvements 137‑049‑0150
Emergency Contracts 137‑049‑0160
Intermediate Procurements 137‑049‑0200
Solicitation Documents 137‑049‑0210
Notice and Advertising Requirements 137‑049‑0220
Prequalification of Offerors 137‑049‑0230
Eligibility to Bid or Propose 137‑049‑0240
Pre-Offer Conferences 137‑049‑0250
Addenda to Solicitation Documents 137‑049‑0260
Request for Clarification or Change 137‑049‑0270
Cancellation of Solicitation Document 137‑049‑0280
Offer Submissions 137‑049‑0290
Bid or Proposal Security 137‑049‑0300
Facsimile Bids and Proposals 137‑049‑0310
Electronic Procurement 137‑049‑0320
Pre-Closing Modification or Withdrawal of Offers 137‑049‑0330
Receipt, Opening and Recording of Offers 137‑049‑0340
Late Bids, Late Withdrawals and Late Modifications 137‑049‑0350
Mistakes 137‑049‑0360
First-Tier Subcontractors 137‑049‑0370
Disqualification of Persons 137‑049‑0380
Bid or Proposal Evaluation Criteria 137‑049‑0390
Offer Evaluation and Award 137‑049‑0395
Notice of Intent to Award 137‑049‑0400
Documentation of Award 137‑049‑0410
Time for Contracting Agency Acceptance 137‑049‑0420
Negotiation With Bidders Prohibited 137‑049‑0430
Negotiation When Bids Exceed Cost Estimate 137‑049‑0440
Rejection of Offers 137‑049‑0450
Protest of Contractor Selection, Contract Award 137‑049‑0460
Performance and Payment Security 137‑049‑0470
Substitute Contractor 137‑049‑0490
Foreign Contractor 137‑049‑0600
Purpose 137‑049‑0610
Definitions for Alternative Contracting Methods 137‑049‑0620
Use of Alternative Contracting Methods 137‑049‑0630
Findings, Notice and Hearing 137‑049‑0640
Competitive Proposals 137‑049‑0645
Requests for Qualifications (RFQ) 137‑049‑0650
Requests for Proposals (“RFP”) 137‑049‑0660
RFP Pricing Mechanisms 137‑049‑0670
Design-Build Contracts 137‑049‑0680
Energy Savings Performance Contracts (ESPC) 137‑049‑0690
Construction Manager/General Contractor Services (“CM/GC Services”) 137‑049‑0800
Required Contract Clauses 137‑049‑0810
Waiver of Delay Damages Against Public Policy 137‑049‑0815
BOLI Public Works Bond 137‑049‑0820
Retainage 137‑049‑0830
Contractor Progress Payments 137‑049‑0840
Interest 137‑049‑0850
Final Inspection 137‑049‑0860
Public Works Contracts 137‑049‑0870
Specifications 137‑049‑0880
Records Maintenance 137‑049‑0890
Contracting Agency Payment for Unpaid Labor or Supplies 137‑049‑0900
Contract Suspension 137‑049‑0910
Changes to the Work and Contract Amendments
Last Updated

Jun. 24, 2021

Rule 137-049-0200’s source at or​.us