Chapter 546 Oregon Laws 2001
AN ACT
HB 2617
Relating to public
contracting; creating new provisions; and amending ORS 279.037.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 279.037 is amended to read:
279.037. (1)(a)
A public contracting agency may disqualify a person from consideration for
award of that agency’s contracts for the reasons listed in subsection (2) of
this section after providing the person with notice and a reasonable
opportunity to be heard. [The
disqualification shall not be for a period of more than three years.]
(b) In lieu of the
disqualification process described in paragraph (a) of this subsection, a
public contracting agency contracting for a public improvement may petition the
Construction Contractors Board to disqualify a person from consideration for
award of that agency’s public improvement contracts for the reasons listed in
subsection (2) of this section. The Construction Contractors Board shall
provide the person with notice and a reasonable opportunity to be heard.
(c) A public contracting
agency or the Construction Contractors Board may not disqualify a person under
this section for a period of more than three years.
(2) A person may be disqualified from consideration for
award of an agency’s contracts for any of the following reasons:
(a) [Conviction for
the commission] The person has been
convicted of a criminal offense as an incident in obtaining or attempting
to obtain a public or private contract or subcontract, or in the performance of
such contract or subcontract.
(b) [Conviction] The person has been convicted under
state or federal statutes of embezzlement, theft, forgery, bribery,
falsification or destruction of records, receiving stolen property, or any
other offense indicating a lack of business integrity or business honesty that
currently, seriously and directly affects the person’s responsibility as a
contractor.
(c) [Conviction] The person has been convicted under
state or federal antitrust statutes.
(d) The person has
committed a violation of a contract provision that is regarded by the
public contracting agency or the
Construction Contractors Board to be so serious as to justify
disqualification. A violation may include but is not limited to a failure to
perform the terms of a contract or an unsatisfactory performance in accordance
with the terms of the contract. However, a failure to perform or an
unsatisfactory performance caused by acts beyond the control of the contractor
may not be considered to be a basis for disqualification.
(e) The person does
not carry workers’ compensation or unemployment insurance as required by
statute.
(3) A public contracting agency or the Construction Contractors Board shall issue a written
decision to disqualify a person pursuant to this section. The decision shall:
(a) State the reasons for the action taken; and
(b) Inform the disqualified person of the appeal right of
the person under:
(A) ORS 279.043 and 279.045 if the decision to disqualify was issued by
a public contracting agency; or
(B) ORS 183.310 to
183.550 if the decision to disqualify was issued by the Construction
Contractors Board.
(4) A copy of the decision issued under subsection (3) of
this section shall be mailed or otherwise furnished immediately to the
disqualified person.
SECTION 2.
The amendments to ORS 279.037 by section
1 of this 2001 Act shall first apply to public contracts entered into on or
after the effective date of this 2001 Act.
Approved by the Governor
June 22, 2001
Filed in the office of
Secretary of State June 25, 2001
Effective date January 1,
2002
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