1. (1) Required Disclosure. Within two working hours after the bid closing on an ITB for a public improvement having a contract price anticipated by the department to exceed $500,000, all bidders shall submit to the department a disclosure form as described by in these Division 149 rules, identifying any first-tier subcontractors (those entities that would be contracting directly with the prime contractor) that will be furnishing labor or labor and materials on the contract, if awarded, whose subcontract value would be equal to or greater than:

   1. (a) Five percent of the total contract price, but at least $25,000; or
   2. (b) $350,000, regardless of the percentage of the total contract price.

2. (2) Bid Closing, Disclosure Deadline and Bid Opening. For each ITB to which this rule applies, the department shall:

   1. (a) To the extent practicable, the department will set the bid closing on a Tuesday, Wednesday or Thursday, and at a time between 2 p.m. and 5 p.m., and provided that the two-hour disclosure deadline described by this rule would not then fall on a legal holiday;
   2. (b) Open bids publicly immediately after the bid closing; and
   3. (c) Consider for contract award only those bids for which the required disclosure has been submitted by the announced deadline on forms prescribed by the department.

3. (3) Bidder Instructions and Disclosure Form. For the purposes of this rule, the department in its solicitation shall:

   1. (a) Prescribe the disclosure form that must be utilized, substantially in the form set forth in the solicitation document; and

   2. (b) Provide instructions in a notice substantially similar to the following:

      1. (A) Instructions for First-Tier Subcontractor Disclosure: Bidders are required to disclose information about certain first-tier subcontractors. Specifically, when the contract amount of a first-tier subcontractor furnishing labor or labor and materials would be greater than or equal to:

         1. (i) 5% of the project bid, but at least $25,000; or
         2. (ii) $350,000 regardless of the percentage.

      2. (B) The bidder must disclose the following information about that subcontract either in its bid submission, or within two hours after bid closing:

         1. (i) The subcontractor's name;
         2. (ii) The category of work that the subcontractor would be performing, and
         3. (iii) The dollar value of the subcontract. If the bidder will not be using any subcontractors that are subject to the above disclosure requirements, the Bidder is required to indicate "NONE" on the accompanying form. The department must reject a bid if the bidder fails to submit the disclosure form with this information by the stated deadline. (see 736-149-0360).
4. (4) Submission. A bidder shall submit the disclosure form required by this rule either in its bid submission, or within two working hours after bid closing in the manner specified by the ITB.
5. (5) Responsiveness. Compliance with the disclosure and submittal requirements of this rule is a matter of responsiveness. Bids that are submitted by bid closing, but for which the disclosure submittal has not been made by the specified deadline, are not responsive and shall not be considered for contract award.
6. (6) Department Role. The department shall obtain, and make available for public inspection, the disclosure forms required by this rule. The department are not required to determine the accuracy or completeness of the information provided on disclosure forms.
7. (7) Substitution. The contractor may substitute first-tier subcontractors by submitting the name of the new subcontractor to the department in writing. Substitutions are allowable under the following circumstances: failure to execute a written contract within reasonable time, bankruptcy or insolvency, failure to perform or meet the bond requirements, when the disclosure was an inadvertent clerical error, if subcontractor does not hold a license from the Construction Contractors Board and is required to be licensed by the board, performs unsatisfactory work, is ineligible to work on a public improvement contract under applicable statutory provisions. Substitutions may be permissible for additional reasons at the discretion of the department. Contracting agencies do not have a duty to review, approve or resolve disputes concerning such substitutions.

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