(2) If a contracting agency or local contract review board permits or requires prequalification of bidders, a person who wishes to prequalify shall submit a prequalification application to the contracting agency on a standard form prescribed under subsection (1) of this section. Within 30 days after receiving a prequalification application, the contracting agency shall investigate the applicant as necessary to determine if the applicant is qualified. The determination must be made in less than 30 days, if practicable, if the applicant requests an early decision to allow the applicant as much time as possible to prepare a bid on a contract that the contracting agency advertised. In making the determination, the contracting agency shall consider only the applicable standards of responsibility listed in ORS 279C.375 (3)(b). The agency shall promptly notify the applicant whether or not the applicant is qualified.
(3) If the contracting agency finds that the applicant is qualified, the notice must state the nature and type of contracts for which the prospective contractor may submit a bid or proposal and the period of time for which the qualification is valid under the contracting agency’s rule, resolution, ordinance or other regulation. If the contracting agency finds the applicant is not qualified as to any contracts covered by the rule, resolution, ordinance or other regulation, the notice must specify the reasons found under ORS 279C.375 (3)(b) for not prequalifying the applicant and inform the applicant of the right to a hearing under ORS 279C.445 and 279C.450.
(4) If a contracting agency has reasonable cause to believe that a substantial change has taken place in the conditions of a prequalified person and that because of the substantial change the person is no longer qualified or is less qualified, the agency may revoke or may revise and reissue the prequalification after reasonable notice to the prequalified person. The notice shall state the reasons found under ORS 279C.375 (3)(b) for revocation or revision of the prequalification of the person and inform the person of the right to a hearing under ORS 279C.445 and 279C.450. A revocation or revision does not apply to any public improvement contract for which publication of an advertisement, in accordance with ORS 279C.360, commenced before the date the notice of revocation or revision was received by the prequalified person. [2003 c.794 §123; 2005 c.103 §25; 2021 c.488 §4]
Structure 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.115 - Direct contracts for services of consultants.
Section 279C.120 - Selection procedure for related services.
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.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.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.505 - Conditions concerning payment, contributions, liens, withholding, drug testing.
Section 279C.525 - Provisions concerning environmental and natural resources laws; remedies.
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.580 - Contractor’s relations with subcontractors.
Section 279C.590 - Complaint process for substitutions of subcontractors; civil penalties.
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.807 - Workforce diversity for public works projects.
Section 279C.810 - Exemptions; rules.
Section 279C.820 - Advisory committee to assist commissioner.
Section 279C.825 - Fees; rules.
Section 279C.836 - Public works bond; rules.
Section 279C.845 - Certified statements regarding payment of prevailing rates of wage; retainage.
Section 279C.855 - Liability for violations.
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.