2021 Oregon Revised Statutes
Chapter 279C - Public Contracting - Public Improvements and Related Contracts
Section 279C.405 - Requests for information, interest or qualifications; requirements for requests for proposals.


(2) In addition to the general requirements of ORS 279C.365, a contracting agency preparing a request for proposals shall include:
(a) All required contractual terms and conditions. The request for proposals also may:
(A) Identify those contractual terms or conditions the contracting agency reserves, in the request for proposals, for negotiation with proposers;
(B) Request that proposers propose contractual terms and conditions that relate to subject matter reasonably identified in the request for proposals; and
(C) Contain or incorporate the form and content of the contract that the contracting agency will accept, or suggested contract terms and conditions that nevertheless may be the subject of negotiations with proposers.
(b) The method of contractor selection, which may include but is not limited to award without negotiation, negotiation with the highest ranked proposer, competitive negotiations, multiple-tiered competition designed either to identify a class of proposers that fall within a competitive range or to otherwise eliminate from consideration a class of lower ranked proposers, or any combination of methods, as authorized or prescribed by rules adopted under ORS 279A.065.
(c) All evaluation factors that will be considered by the contracting agency when evaluating the proposals, including the relative importance of price and any other evaluation factors. [2003 c.794 §130; 2007 c.764 §30]

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.