2021 Oregon Revised Statutes
Chapter 279C - Public Contracting - Public Improvements and Related Contracts
Section 279C.355 - Evaluation of public improvement projects not contracted by competitive bidding.


(2) The evaluation must include but is not limited to the following matters:
(a) The actual project cost as compared with original project estimates;
(b) The amount of any guaranteed maximum price;
(c) The number of project change orders issued by the contracting agency;
(d) A narrative description of successes and failures during the design, engineering and construction of the project; and
(e) An objective assessment of the use of the alternative contracting process as compared to the findings required by ORS 279C.335.
(3) The evaluations required by this section:
(a) Must be made available for public inspection; and
(b) Must be completed within 30 days of the date the contracting agency accepts:
(A) The public improvement project; or
(B) The last public improvement project if the project falls within a class of public improvement contracts. [2003 c.794 §111; 2003 c.794 §112; 2007 c.764 §§22,23]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 07 - Public Facilities and Finance

Chapter 279C - Public Contracting - Public Improvements and Related Contracts

Section 279C.100 - Definitions for ORS 279C.100 to 279C.125.

Section 279C.105 - Contracts for architectural, engineering, photogrammetric mapping, transportation planning or land surveying and related services; procedures.

Section 279C.107 - Public disclosure of contents of proposals for architectural, engineering, photogrammetric mapping, transportation planning or land surveying services; treatment of trade secrets and confidential information.

Section 279C.110 - Selection procedures for consultants to provide services; use of pricing proposals; compensation; protests; applicability; rules.

Section 279C.115 - Direct contracts for services of consultants.

Section 279C.120 - Selection procedure for related services.

Section 279C.125 - Architectural, engineering, photogrammetric mapping, transportation planning and land surveying services selection process for local public improvements procured through state agency; rules.

Section 279C.305 - Least-cost policy for public improvements; requirement to file list of planned projects and estimated costs and to identify projects contracting agency intends to complete with own personnel and resources; required analysis; except...

Section 279C.306 - Administrative enforcement of least-cost policy for public improvements; procedure; civil action.

Section 279C.307 - Limitations in procurement of personal services; exceptions; procedure for obtaining exception from appropriate authority; basis for approving exception.

Section 279C.308 - Community benefit contract; permitted provisions; required contents of solicitation; powers and duties of contracting agency and local contract review board; rules.

Section 279C.315 - Waiver of damages for unreasonable delay by contracting agency against public policy.

Section 279C.320 - Contracts for construction other than public improvements.

Section 279C.330 - "Findings" defined.

Section 279C.332 - Definitions for ORS 279A.065, 279C.307, 279C.335, 279C.337 and 279C.380.

Section 279C.335 - Competitive bidding requirement; exceptions; exemptions.

Section 279C.337 - Procurement of constructions manager/general contractor services.

Section 279C.345 - Specifications for contracts; exemptions.

Section 279C.350 - Exemption procedure; appeal.

Section 279C.355 - Evaluation of public improvement projects not contracted by competitive bidding.

Section 279C.360 - Requirement for public improvement advertisements.

Section 279C.365 - Requirements for solicitation documents and bids and proposals.

Section 279C.370 - First-tier subcontractor disclosure.

Section 279C.375 - Award and execution of contract; determination of responsibility of bidder; bonds; impermissible exclusions.

Section 279C.380 - Performance bond; payment bond; waiver of bonds.

Section 279C.385 - Return or retention of bid security.

Section 279C.390 - Exemption of contracts from bid security and bonds.

Section 279C.400 - Competitive proposals; procedure.

Section 279C.405 - Requests for information, interest or qualifications; requirements for requests for proposals.

Section 279C.410 - Receipt of proposals; evaluation and award.

Section 279C.412 - Competitive quotes for intermediate procurements.

Section 279C.414 - Requirements for competitive quotes.

Section 279C.430 - Prequalification of bidders; rules.

Section 279C.440 - Disqualification from consideration for award of contracts.

Section 279C.445 - Appeal of disqualification.

Section 279C.450 - Appeal procedure for decision to deny, revoke or revise prequalification; hearing; costs; judicial review.

Section 279C.460 - Action by or on behalf of adversely affected bidder or proposer; exception for personal services contract.

Section 279C.465 - Action against successful bidder; amount of damages; when action to be commenced; defenses.

Section 279C.470 - Compensation for contractor on contract declared void by court; exceptions; applicability.

Section 279C.505 - Conditions concerning payment, contributions, liens, withholding, drug testing.

Section 279C.510 - Demolition contracts to require material salvage; lawn and landscape maintenance contracts to require composting or mulching.

Section 279C.515 - Conditions concerning payment of claims by public officers, payment to persons furnishing labor or materials and complaints.

Section 279C.520 - Condition concerning hours of labor; compliance with pay equity provisions; employee discussions of rate of pay or benefits.

Section 279C.525 - Provisions concerning environmental and natural resources laws; remedies.

Section 279C.527 - Inclusion of amount for green energy technology or woody biomass energy technology in public improvement contract; written determination of appropriateness; conditions, exemptions and limitations; rules.

Section 279C.528 - State Department of Energy requirements and specifications; record keeping requirements; rules.

Section 279C.530 - Condition concerning payment for medical care and providing workers’ compensation.

Section 279C.533 - Condition concerning employment of apprentices to perform percentage of work hours that workers in apprenticeable occupations perform on public improvements.

Section 279C.534 - Advisory committee for monitoring implementation of apprenticeship condition in public improvement contracts.

Section 279C.537 - Condition concerning use of diesel engines in motor vehicles used in performing certain public improvement contracts; rules.

Section 279C.540 - Maximum hours of labor on public contracts; holidays; exceptions; liability to workers; rules.

Section 279C.545 - Time limitation on claim for overtime; posting of circular by contractor.

Section 279C.560 - Form of retainage; procedures for holding and payment.

Section 279C.570 - Prompt payment policy; progress payments; retainage; interest; exception; settlement of compensation disputes.

Section 279C.580 - Contractor’s relations with subcontractors.

Section 279C.585 - Authority to substitute undisclosed first-tier subcontractor; circumstances; rules.

Section 279C.590 - Complaint process for substitutions of subcontractors; civil penalties.

Section 279C.600 - Right of action on payment bond or public works bond of contractor or subcontractor; notice of claim.

Section 279C.605 - Notice of claim.

Section 279C.610 - Action on contractor’s public works bond or payment bond; time limitation.

Section 279C.625 - Joint liability when payment bond not executed.

Section 279C.660 - Compensation when contract terminated due to public interest.

Section 279C.800 - Definitions for ORS 279C.800 to 279C.870.

Section 279C.805 - Policy.

Section 279C.807 - Workforce diversity for public works projects.

Section 279C.810 - Exemptions; rules.

Section 279C.815 - Determination of prevailing wage; sources of information; comparison of state and federal prevailing wage; other powers of commissioner.

Section 279C.817 - Determination of applicability of prevailing wage rate; time limitation; hearing; rules.

Section 279C.820 - Advisory committee to assist commissioner.

Section 279C.825 - Fees; rules.

Section 279C.827 - Division of public works project; applicability of prevailing wage rate to divided projects.

Section 279C.830 - Provisions concerning prevailing rate of wage in specifications, contracts and subcontracts; applicability of prevailing wage; bond.

Section 279C.836 - Public works bond; rules.

Section 279C.838 - Applicability of state and federal rates of wage; determination of site of project; determination of applicability of wage to transportation workers; waiver.

Section 279C.840 - Payment of prevailing rate of wage; posting of rates and fringe benefit plan provisions.

Section 279C.845 - Certified statements regarding payment of prevailing rates of wage; retainage.

Section 279C.850 - Inspection to determine whether prevailing rate of wage being paid; civil action for failure to pay prevailing rate of wage or overtime.

Section 279C.855 - Liability for violations.

Section 279C.860 - Ineligibility for public works contracts for failure to pay or post notice of prevailing rates of wage; certified payroll reports to commissioner.

Section 279C.865 - Civil penalties.

Section 279C.870 - Civil action to enforce payment of prevailing rates of wage.

Section 279C.875 - Criminal liability for intentional failure to pay prevailing wage; rules.