Public Contracting - Public Improvements and Related Contracts

ORS 279C.365
Requirements for solicitation documents and bids and proposals


A contracting agency that prepares solicitation documents for a public improvement contract shall, at a minimum, include in the solicitation documents:


A designation for or description of the public improvement project;


The office where the specifications for the project may be reviewed;


The date that prequalification applications must be filed under ORS 279C.430 (Prequalification of bidders) and the class or classes of work for which bidders must be prequalified if prequalification is a requirement;


The date and time after which bids will not be received, which must be at least five days after the date of the last publication of the advertisement, and may, in the sole discretion of the contracting agency, direct or permit bidders to submit and the contracting agency to receive bids by electronic means;


The name and title of the person designated to receive bids;


The date on which and the time and place at which the contracting agency will publicly open the bids;


A statement that, if the contract is for a public works project subject to the state prevailing rates of wage under ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage), the federal prevailing rates of wage under the Davis-Bacon Act (40 U.S.C. 3141 et seq.) or both the state and federal prevailing rates of wage, the contracting agency will not receive or consider a bid unless the bid contains a statement by the bidder that the bidder will comply with ORS 279C.838 (Applicability of state and federal rates of wage) or 279C.840 (Payment of prevailing rate of wage) or 40 U.S.C. 3141 et seq.;


A statement that each bid must identify whether the bidder is a resident bidder, as defined in ORS 279A.120 (Preference for Oregon goods and services);


A statement that the contracting agency may reject a bid that does not comply with 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 that the contracting agency may reject for good cause all bids after finding that doing so is in the public interest;


Information addressing whether a contractor or subcontractor must be licensed under ORS 468A.720 (Qualifications for license); and


A statement that the contracting agency may not receive or consider a bid for a public improvement contract unless the bidder is licensed by the Construction Contractors Board or the State Landscape Contractors Board.


A contracting agency may provide solicitation documents by electronic means.


A bid made to the contracting agency under ORS 279C.335 (Competitive bidding) or 279C.400 (Competitive proposals) must be:


In writing;


Filed with the person the contracting agency designates to receive bids; and


Opened publicly by the contracting agency immediately after the deadline for submitting bids.


After the contracting agency opens the bids, the contracting agency shall make the bids available for public inspection.


A bidder shall submit or post a surety bond, irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 (Additional definitions for Bank Act), cashier’s check or certified check for all bids as bid security unless the contracting agency has exempted the contract for which the bidder submits a bid from this requirement under ORS 279C.390 (Exemption of contracts from bid security and bonds). The security may not exceed 10 percent of the amount bid for the contract.


Subsection (5) of this section applies only to public improvement contracts with a value, estimated by the contracting agency, of more than $100,000 or, in the case of contracts for highways, bridges and other transportation projects, more than $50,000. [2003 c.794 §115; 2005 c.103 §15; 2007 c.764 §25; 2007 c.844 §2; 2009 c.368 §1]


Last accessed
Jun. 26, 2021