Current through Register Vol. 63, No. 3, March 1, 2024
(1) Notice and Distribution Fee. A
Contracting Agency shall furnish "Notice" as set forth below in subsections (a)
through (c), to a number of Persons sufficient for the purpose of fostering and
promoting competition. The Notice shall indicate where, when, how and for how
long the Solicitation Document may be obtained and generally describe the
Public Improvement project or Work. The Notice may contain any other
appropriate information. The Contracting Agency may charge a fee or require a
deposit for the Solicitation Document. The Contracting Agency may furnish
Notice using any method determined to foster and promote competition,
including:
(a) Mailing Notice of the
availability of Solicitation Documents to Persons that have expressed an
interest in the Contracting Agency's Procurements;
(b) Placing Notice on the Contracting
Agency's Electronic Procurement System; or
(c) Placing Notice on the Contracting
Agency's Internet Web site.
(2) Advertising. Pursuant to ORS
279C.360 and this rule, a
Contracting Agency shall advertise every solicitation for competitive Bids or
competitive Proposals for a Public Improvement Contract, unless the Contract
Review Authority for that Contracting Agency has exempted the solicitation from
the advertisement requirement as part of a competitive bidding exemption under
ORS 279C.335.
(a) Unless the Contracting Agency publishes
by Electronic Advertisement as permitted under subsection 2(b), the Contracting
Agency shall publish the advertisement for Offers at least once in at least one
newspaper of general circulation in the area where the Contract is to be
performed and in as many additional issues and publications as the Contracting
Agency may determine to be necessary or desirable to foster and promote
competition.
(b) A Contracting
Agency may publish by Electronic Advertisement if the Contract Review Authority
for the Contracting Agency determines Electronic Advertisement is likely to be
cost effective and, by rule or order, authorizes Electronic
Advertisement.
(c) In addition to
the Contracting Agency's publication required under subsection 2(a) or 2(b),
the Contracting Agency shall also publish an advertisement for Offers in at
least one trade newspaper of general statewide circulation if the Contract is
for a Public Improvement with an estimated cost in excess of
$125,000.
(d) All advertisements
for Offers shall set forth:
(A) The Public
Improvement project;
(B) The office
where Contract terms, conditions and Specifications may be reviewed;
(C) The date that Persons must file
applications for prequalification under ORS
279C.340, if prequalification is
a requirement, and the class or classes of Work for which Persons must be
prequalified;
(D) The scheduled
Closing, which shall not be less than five Days after the date of the last
publication of the advertisement;
(E) The name, title and address of the
Contracting Agency Person authorized to receive Offers;
(F) The scheduled Opening; and
(G) If applicable, that the Contract is for a
Public Work subject to ORS
279C.800 to
279C.870 or the Davis-Bacon Act
( 40
U.S.C. 3141 to
3148
).
(3)
Minority, Women Emerging Small Business. State Contracting Agencies shall
provide timely notice of all solicitations to the Advocate for Minority, Women
and Emerging Small Business if the estimated Contract Price exceeds $5,000. See
ORS 200.035.
Stat. Auth.: ORS
279A.065
Stats. Implemented: ORS
279C.360 &
200.035
