(1) After bids are opened and a determination is made that a public improvement contract is to be awarded, the contracting agency shall award the contract to the lowest responsible bidder.
(2) At least seven days before the award of a public improvement contract, unless the contracting agency determines that seven days is impractical under rules adopted under ORS 279A.065, the contracting agency shall issue to each bidder or post, electronically or otherwise, a notice of the contracting agency’s intent to award a contract. This subsection does not apply to a contract excepted or exempted from competitive bidding under ORS 279C.335 (1)(c) or (d). The notice and its manner of posting or issuance must conform to rules adopted under ORS 279A.065.
(3) In determining the lowest responsible bidder, a contracting agency shall do all of the following:
(a) Check the list created by the Construction Contractors Board under ORS 701.227 for bidders who are not qualified to hold a public improvement contract.
(b) Determine whether the bidder has met the standards of responsibility. In making the determination, the contracting agency shall consider whether a bidder has:
(A) Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain the resources and expertise, necessary to meet all contractual responsibilities.
(B) A satisfactory record of performance. The contracting agency shall document the record of performance of a bidder if the contracting agency finds the bidder not to be responsible under this subparagraph.
(C) A satisfactory record of integrity. The contracting agency shall document the record of integrity of a bidder if the contracting agency finds the bidder not to be responsible under this subparagraph.
(D) Qualified legally to contract with the contracting agency.
(E) Supplied all necessary information in connection with the inquiry concerning responsibility. If a bidder fails to promptly supply information requested by the contracting agency concerning responsibility, the contracting agency shall base the determination of responsibility upon any available information, or may find the bidder not to be responsible.
(c) Document the contracting agency’s compliance with the requirements of paragraphs (a) and (b) of this subsection in substantially the following form:
______________________________________________________________________________
RESPONSIBILITY DETERMINATION FORM
Project Name: ____________
Bid Number: ____________
Business Entity Name: ____________
CCB License Number: ____________
Form Submitted By (Contracting Agency): ____________
Form Submitted By (Contracting Agency Representative’s Name): ____________
Title: ____________
Date: ____________
(The contracting agency must submit this form with attachments, if any, to the
Construction Contractors Board within 30 days after the date of contract award.)
The contracting agency has (check all of the following):
[ ]Checked the list created by the
Construction Contractors Board
under ORS 701.227 for bidders who
are not qualified to hold a public
improvement contract.
[ ]Determined whether the bidder has
met the standards of responsibility.
In so doing, the contracting agency
has considered whether the bidder:
[ ]Has available the appropriate
financial, material, equipment,
facility and personnel resources
and expertise, or the ability to
obtain the resources and
expertise, necessary to meet
all contractual responsibilities.
[ ]Has a satisfactory record of
performance.
[ ]Has a satisfactory record of
integrity.
[ ]Is qualified legally to contract
with the contracting agency.
[ ]Has supplied all necessary
information in connection with
the inquiry concerning
responsibility.
[ ]Determined the bidder to be
(check one of the following):
[ ]Responsible under ORS 279C.375
(3)(a) and (b).
[ ]Not responsible under
ORS 279C.375 (3)(a) and (b).
(Attach documentation if the contracting agency finds the bidder not to be responsible.)
______________________________________________________________________________
(d) Submit the form described in paragraph (c) of this subsection, with any attachments, to the Construction Contractors Board within 30 days after the date the contracting agency awards the contract.
(4) The successful bidder shall:
(a) Promptly execute a formal contract; and
(b) Execute and deliver to the contracting agency a performance bond and a payment bond when required under ORS 279C.380.
(5) Based on competitive bids, a contracting agency may award a public improvement contract or may award multiple public improvement contracts when specified in the invitation to bid.
(6) A contracting agency may not exclude a commercial contractor from competing for a public contract on the basis that the license issued by the Construction Contractors Board is endorsed as a level 1 or level 2 license. As used in this section, “commercial contractor” has the meaning given that term in ORS 701.005. [2003 c.794 §117; 2005 c.103 §§17,18; 2005 c.376 §1; 2007 c.764 §§26,27; 2007 c.836 §§42,43]
Note: The amendments to 279C.375 by section 43, chapter 836, Oregon Laws 2007, become operative July 1, 2008. See section 70, chapter 836, Oregon Laws 2007. The text that is operative until July 1, 2008, including amendments by section 27, chapter 764, Oregon Laws 2007, is set forth for the user’s convenience.
279C.375. (1) After bids are opened and a determination is made that a public improvement contract is to be awarded, the contracting agency shall award the contract to the lowest responsible bidder.
(2) At least seven days before the award of a public improvement contract, unless the contracting agency determines that seven days is impractical under rules adopted under ORS 279A.065, the contracting agency shall issue to each bidder or post, electronically or otherwise, a notice of the contracting agency’s intent to award a contract. This subsection does not apply to a contract excepted or exempted from competitive bidding under ORS 279C.335 (1)(c) or (d). The notice and its manner of posting or issuance must conform to rules adopted under ORS 279A.065.
(3) In determining the lowest responsible bidder, a contracting agency shall do all of the following:
(a) Check the list created by the Construction Contractors Board under ORS 701.227 for bidders who are not qualified to hold a public improvement contract.
(b) Determine whether the bidder has met the standards of responsibility. In making the determination, the contracting agency shall consider whether a bidder has:
(A) Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain the resources and expertise, necessary to meet all contractual responsibilities.
(B) A satisfactory record of performance. The contracting agency shall document the record of performance of a bidder if the contracting agency finds the bidder not to be responsible under this subparagraph.
(C) A satisfactory record of integrity. The contracting agency shall document the record of integrity of a bidder if the contracting agency finds the bidder not to be responsible under this subparagraph.
(D) Qualified legally to contract with the contracting agency.
(E) Supplied all necessary information in connection with the inquiry concerning responsibility. If a bidder fails to promptly supply information requested by the contracting agency concerning responsibility, the contracting agency shall base the determination of responsibility upon any available information, or may find the bidder not to be responsible.
(c) Document the contracting agency’s compliance with the requirements of paragraphs (a) and (b) of this subsection in substantially the following form:
______________________________________________________________________________
RESPONSIBILITY DETERMINATION FORM
Project Name: ____________
Bid Number: ____________
Business Entity Name: ____________
CCB License Number: ____________
Form Submitted By (Contracting Agency): ____________
Form Submitted By (Contracting Agency Representative’s Name): ____________
Title: ____________
Date: ____________
(The contracting agency must submit this form with attachments, if any, to the
Construction Contractors Board within 30 days after the date of contract award.)
The contracting agency has (check all of the following):
[ ]Checked the list created by the
Construction Contractors Board
under ORS 701.227 for bidders who
are not qualified to hold a public
improvement contract.
[ ]Determined whether the bidder has
met the standards of responsibility.
In so doing, the contracting agency
has considered whether the bidder:
[ ]Has available the appropriate
financial, material, equipment,
facility and personnel resources
and expertise, or the ability to
obtain the resources and expertise,
necessary to meet all contractual
responsibilities.
[ ]Has a satisfactory record of
performance.
[ ]Has a satisfactory record of
integrity.
[ ]Is qualified legally to contract with
the contracting agency.
[ ]Has supplied all necessary
information in connection with the
inquiry concerning responsibility.
[ ]Determined the bidder to be
(check one of the following):
[ ]Responsible under ORS 279C.375
(3)(a) and (b).
[ ]Not responsible under ORS 279C.375
(3)(a) and (b).
(Attach documentation if the contracting agency finds the bidder not to be responsible.)
______________________________________________________________________________
(d) Submit the form described in paragraph (c) of this subsection, with any attachments, to the Construction Contractors Board within 30 days after the date the contracting agency awards the contract.
(4) The successful bidder shall:
(a) Promptly execute a formal contract; and
(b) Execute and deliver to the contracting agency a performance bond and a payment bond when required under ORS 279C.380.
(5) Based on competitive bids, a contracting agency may award a public improvement contract or may award multiple public improvement contracts when specified in the invitation to bid.
Section: Previous 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 279C.405 279C.410 NextLast modified: August 7, 2008