Oregon

Key Agency(ies):

• The Oregon Department of Administrative Services (DAS) is the central authority for statewide procurement of goods and services, sets procurement policy, and maintains Oregon Buys e-procurement system.

Key Statute:

• The Oregon Public Contracting Code is codified within Or. Rev. Stat. Chapter 279.
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Key Regulations:

• State agencies are subject to DAS procurement rules (Or. Admin. R. § 125 247-0010 et seq.).
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Procurement Types/Highlights:

• Competitive sealed bidding/proposals is the default method for awarding public contracts for goods, services, and public improvements
• Small procurements
• Sole source procurements
• Emergency and special procurements
• Professional services
  • Procured via qualifications-based selection and negotiations

Bid Protests:

Regs Governing Bid Protests:

• Protests are governed by Or. Rev. Stat. § 279B.

Eligible Protesters:

• Prospective bidders, proposers, or offerors may protest if they believe the process is unlawful or unduly restrictive.

Timeliness Rules:

• Protest deadlines are set by agency rules and must be communicated in solicitation documents.

Protest Process:

• Protest must identify the solicitation, grounds, supporting evidence and relief sought.
• Agency reviews and issues a written decision.
• Agency must issue protest decisions at least three days before bids/proposals/offers are due if protest is of the solicitation.
• If judicial review is sought, contract execution may be stayed unless a compelling government interest is documented.
• Agency may proceed with the procurement after issuing its protest decision, unless a stay is imposed.

Appeals:

• Agency decisions may be appealed to the Circuit Court for Marion County or the county in which the agency is located if filed before bid opening.
• The court will review factual findings with deference, but reviews legal questions de novo.
• The court may award costs and attorney fees to the prevailing party.

Claims: 

• Claims and appeals are governed by the terms of the contract.
• Claimants must comply with Oregon’s prompt payment and retainage statutes when developing or filing claims.
• Dispute resolution clauses in the contract are critical; failure to follow them may bar claims.

Suspension & Debarment:

• Agencies may exclude (debar) prospective bidders/proposers for reasons set forth in Or. Rev. Stat. § 279B.130(2), including fraud, criminal conduct, or serious contract violations.
• Notice and opportunity to be heard are required.
• Debarment may not exceed three years.
• Debarment decisions may be appealed to DAS or a local review board, with further appeal to circuit court within 15 days of the board’s decision.

Interesting/Distinctions: 

• Oregon has detailed prevailing wage statutes, including certified payroll, posting, and penalties for violations.
• Oregon law provides strong preferences for local goods/services, recycled materials, and Buy America. It also has robust affirmative action and anti-discrimination laws for public contracting.