1. (1) Solicitation Document. The Solicitation Document shall include the following:

   1. (a) General information:

      1. (A) Identification of the project, including the character of the work, and applicable plans, specifications and other contract documents.
      2. (B) Identification of whether solicitation is for a public improvement contract or an ordinary construction contract.

      3. (C) Notice of any pre-offer conference as follows:

         1. (i) The time, date and location of any pre-offer conference;
         2. (ii) Whether attendance at the conference will be mandatory or voluntary; and
         3. (iii) That statements made by the department's representatives at the conference are not binding upon the department unless confirmed by written addendum.
      4. (D) The name and title of the authorized designated procurement officer (DPO) designated for receipt of offers and contact person (if different);
      5. (E) Instructions and information concerning the form and submission of offers, including the location to which offers must be delivered, any bid or proposal security requirements, and any other required information or special information, e.g., whether offers may be submitted by electronic or other means (See OAR 736-149-0310 regarding electronic Procurement);
      6. (F) The time, date and place of opening, if public;
      7. (G) The time and date of closing after which a department will not accept offers, which time shall be not less than five days after the date of the last publication of the advertisement. Although a minimum of five days is prescribed, department will use at least a 14-day solicitation period when feasible. If the department is issuing an ITB for a formal procurement, the department shall designate a time of closing consistent with the first-tier subcontractor disclosure requirements of OAR 736-149-0360. For timing issues relating to addenda, see OAR 736-149-0250;
      8. (H) The location where the specifications for the work may be reviewed;
      9. (I) A statement that each bidder to an ITB must identify whether the bidder is a "resident bidder," as defined in ORS 279A.120;
      10. (J) If the contract resulting from a solicitation will be a contract for a public work subject to the Davis-Bacon Act (40 U.S.C. 3141 to 3148), a statement that no offer will be received or considered by the department unless the offer contains a statement by the offeror as a part of its offer that "contractor agrees to be bound by and will comply with the provisions of 40 U.S.C. 3141 to 3148."
      11. (K) A statement that the department will not receive or consider an offer for a construction contract unless the offeror is registered with the Construction Contractors Board, or is licensed by the State Landscape Contractors Board, as specified in OAR 736-149-0230;
      12. (L) Whether a contractor or a subcontractor under the contract must be licensed under ORS 468A.720 regarding asbestos abatement projects;
      13. (M) Contractor's certification of nondiscrimination in obtaining required subcontractors. (See OAR 736-149-0440);
      14. (N) How the contracting agency will notify offerors of addenda and how the department will make addenda available (See OAR 736-149-0250); and
      15. (O) When applicable, instructions and forms regarding first-tier subcontractor disclosure requirements, as set forth in OAR 736-149-0360.

   2. (b) Evaluation Process:

      1. (A) A statement that the department may reject any offer not in compliance with all prescribed public contracting procedures and requirements, including the requirement to demonstrate the bidder’s responsibility and may reject for good cause all offers after finding that doing so is in the public interest;
      2. (B) The anticipated solicitation schedule, deadlines, protest process and evaluation process, if any;
      3. (C) Evaluation criteria, including the relative value applicable to each criterion, that the department will use to determine the responsible bidder with the lowest responsive bid (where award is based solely on price)

   3. (c) Contract Provisions. The department shall include all contract terms and conditions, including warranties, insurance and bonding requirements, that the department considers appropriate for the project. The department must also include all applicable contract provisions required by Oregon law as follows:

      1. (A) Prompt payment to all persons supplying labor or material; contributions to Industrial Accident Fund; liens and withholding taxes;
      2. (B) If the contract calls for demolition work, a condition requiring the contractor to salvage or recycle construction and demolition debris, if feasible and cost-effective;
      3. (C) If the contract calls for lawn or landscape maintenance, a condition requiring the contractor to compost or mulch yard waste material at an approved site, if feasible and cost effective;
      4. (D) Payment of claims by public officers;
      5. (E) Contractor and first-tier subcontractor liability for late payment on public improvement contracts, including the rate of interest;
      6. (F) Person's right to file a complaint with the Construction Contractors Board for all contracts related to a public improvement contract;
      7. (G) Hours of labor;
      8. (H) Environmental and natural resources regulations
      9. (I) Payment for medical care and attention to employees;
      10. (J) A Contract provision substantially as follows: "All employers, including contractor, that employ subject workers who work under this contract in the state of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage, unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of its subcontractors complies with these requirements.";
      11. (L) Maximum hours, holidays and overtime;
      12. (M) Time limitation on claims for overtime;
      13. (N) Prevailing wage rates, when applicable;
      14. (O) Retainage;
      15. (P) Prompt payment policy, progress payments, rate of interest;
      16. (Q) Contractor's relations with subcontractors;
      17. (R) Notice of claim;
      18. (S) Contractor's certification of compliance with the Oregon tax laws in accordance with ORS 305.385; and
      19. (T) Contractor's certification that all subcontractors performing work described in ORS 701.005(2) (i.e., construction Work) will be registered with the Construction Contractors Board or licensed by the State Landscape Contractors Board in accordance with ORS 701.035 to 701.055 before the subcontractors commence Work under the contract.
      20. (U) Contractor and subcontractor licensure and certification related to the installation of electric vehicle charging systems under ORS 283.410.
2. (2) Assignment or Transfer Restricted. Unless otherwise provided in the contract, the contractor shall not assign, sell, dispose of, or transfer rights, or delegate duties under the contract, either in whole or in part, without the department's prior written consent. Unless otherwise agreed by the department in writing, such consent shall not relieve the contractor of any obligations under the contract. Any assignee or transferee shall be considered the agent of the contractor and be bound to abide by all provisions of the contract. If the department consents in writing to an assignment, sale, disposal or transfer of the contractor's rights or delegation of contractor's duties, the contractor and its surety, if any, shall remain liable to the department for complete performance of the contract as if no such assignment, sale, disposal, transfer or delegation had occurred unless the department otherwise agrees in writing.

Statutory/Other Authority

ORS 279.025(3)(k)

Statutes/Other Implemented

ORS 279.025(3)(k)

History

PRD 2-2026, temporary adopt filed 04/23/2026, effective 04/24/2026 through 10/19/2026