(1) A contracting agency preparing solicitation documents for a public improvement contract shall, at a minimum, include:
(a) The public improvement project;
(b) The office where the specifications for the project may be reviewed;
(c) The date that prequalification applications must be filed under ORS 279C.430 and the class or classes of work for which bidders must be prequalified if prequalification is a requirement;
(d) 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 the submission and receipt of bids by electronic means;
(e) The name and title of the person designated for receipt of bids;
(f) The date, time and place that the contracting agency will publicly open the bids;
(g) A statement that, if the contract is for a public works project subject to the state prevailing rates of wage under ORS 279C.800 to 279C.870, 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, no bid will be received or considered by the contracting agency unless the bid contains a statement by the bidder that ORS 279C.838 or 279C.840 or 40 U.S.C. 3141 et seq. will be complied with;
(h) A statement that each bid must identify whether the bidder is a resident bidder, as defined in ORS 279A.120;
(i) A statement that the contracting agency may reject any bid not in compliance with all prescribed public contracting procedures and requirements and may reject for good cause all bids upon a finding of the agency that it is in the public interest to do so;
(j) Information addressing whether a contractor or subcontractor must be licensed under ORS 468A.720; and
(k) A statement that a bid for a public improvement contract may not be received or considered by the contracting agency unless the bidder is licensed by the Construction Contractors Board or the State Landscape Contractors Board.
(2) A contracting agency may provide solicitation documents by electronic means.
(3) All bids made to the contracting agency under ORS 279C.335 or 279C.400 must be:
(a) In writing;
(b) Filed with the person designated for receipt of bids by the contracting agency; and
(c) Opened publicly by the contracting agency immediately after the deadline for submission of bids.
(4) After having been opened, the bids must be made available for public inspection.
(5) A surety bond, irrevocable letter of credit issued by an insured institution as defined in ORS 706.008, cashier’s check or certified check of each bidder shall be submitted with or posted for all bids as bid security unless the contract for which a bid is submitted has been exempted from this requirement under ORS 279C.390. The security may not exceed 10 percent of the amount bid for the contract.
(6) 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]Section: Previous 279C.330 279C.335 279C.340 279C.345 279C.350 279C.355 279C.360 279C.365 279C.370 279C.375 279C.380 279C.385 279C.390 279C.395 279C.400 Next
Last modified: August 7, 2008