Prequalification Requirements and
Bidder or Proposer Disqualification

Prequalification forms must be completed to do work on this project. See the attached sections from the "Oregon Revised Statutes":

1. 279.039 Prequalification of Bidders; Notification.
2. 279.041 Application for Prequalification; Notification; Investigation, Revocation or Revision.
3. 279.037 Disqualification of Bidder.
4. 279.043 Appeal of Disqualification.
5. 279.045 Appeal Procedure; Hearing; Costs; Judicial Review.
6. 279.047 Effect of Prequalification by Department of Transportation of General Services. (A current copy of the ODOT Prequalification as per this statute is acceptable to submit to the City.)

The key people (Project Managers and Foremen) expected to manage this project, including major subcontractors (subcontractors doing in excess of 33% of the work) must have a completed resume submitted with Prequalification forms. The resume and completed Prequalification form shall be submitted to the City prior to the award of contract.

Contractors who have done three (3) or more jobs successfully with the City of Bend in the past five (5) years and have a current prequalification statement on file with the City are exempt from the Prequalification Requirement.

ODOT Contractor's Prequalification Application
available through ODOT or the
City of Bend Public Works Department

279.039 Prequalification of bidders; notification.

    (1) Any public contracting agency may adopt a rule, resolution, ordinance or other regulation requiring mandatory prequalification for all persons desiring to bid for public contracts that are to be let by the agency. The rule, resolution, ordinance or other regulation authorized by this section shall include the time for submitting prequalification applications and a general description of the type and nature of the contracts that may be let. The prequalification application shall be in writing on a standard form prescribed by the director.

    (2) The public contracting agency shall within 30 days of the receipt of the prequalification application submitted pursuant to subsection (1) of this section, notify the prospective bidder if the prospective bidder is qualified or not, the nature and type of contracts that the prospective bidder is qualified to bid on and the time period for which the prequalification is valid. If the public contracting agency disqualifies the prospective bidder as to any contracts covered by the rule, resolution, ordinance or other regulation, the notice shall specify which subsections of ORS 279.037 the prospective bidder failed to comply with. Unless the reasons are specified, the bidder shall be deemed to have been prequalified in accordance with the application.

    (3) If a public contracting agency subsequently discovers that a person heretofore prequalified under subsections (1) and (2) of this section is no longer qualified, the agency may revoke the prequalification upon reasonable notice to the prospective bidder; provided however, that such revocation shall be invalid as to any contract for which an advertisement for bids has already been made under ORS 279.025 [1975 c.771 14; 1977 c.289 2; 1981 c.712 3; 1983 c.690 8]

    279.040 [Repealed by 1975 c.771 33]

279.041 Application for prequalification; notification; investigation, revocation or revision.

    (1) When a public contracting agency permits or requires prequalification of bidders, a person who wishes to prequalify shall submit a prequalification application to the agency on a standard form prescribed by the director. Within 30 days after receipt of a prequalification application, the public contracting officer shall investigate the prospective bidder as necessary to determine if the prospective bidder is qualified The determination shall be made in less than 30 days, if practical, if the prospective bidder requests an early decision to allow the bidder as much time as possible to prepare a bid on a contract that has been advertised. In making its determination, the agency shall only disqualify a person in accordance with ORS 279.037. It shall promptly notify the person whether or not that person is qualified.

    (2) If the agency finds that a prospective bidder is qualified, the notice shall state the nature and type of contracts that the person is qualified to bid on and the period of time for which the qualification is valid under the rule, resolution, ordinance or other regulation. If the agency disqualifies a prospective bidder as to any contracts covered by the rule, resolution, ordinance or other regulation, the notice shall specify the reasons found under ORS 279.037 for the disqualification and inform the person of the right to a hearing under ORS 279.043 and 279.045.

    (3) If a public contracting agency has reasonable cause to believe that there has been a substantial change in the conditions of a prequalified person and that the person is no longer qualified or is less qualified, the agency may revoke or may revise and reissue the prequalification after reasonable notice to the prequalified person. The notice shall state the reasons found under ORS 279.037 for revocation and revision of the prequalification of the person and inform the person of the right to a hearing under ORS 279.043 and 279.045. A revocation of revision does not apply to any contract for which publication of advertisement for bids, in accordance with ORS 279.025, commenced prior to the date the notice of revocation or revision was received by the prequalified person. [1975 c.771 15; 1977 c.289 3; 1981 c.712 4; 1983 c.690 0]

   279.042 [Repealed by 1975 c.771 33]

279.037 Disqualification of bidder.

    (1) A public contracting agency may disqualify any person as a bidder on a public contract if the agency finds:

    (a) The person does not have sufficient financial ability to perform the contract. If a bond is required to insure performance of contract, evidence that the person can acquire a surety bond in the amount and type required shall be sufficient to establish financial ability;

    (b) The person does not have equipment available to perform the contract;

    (c) The person does not have key personnel available of sufficient experience to perform the contract; or

    (d) The person has repeatedly breached contractual obligations to public and private contracting agencies.

    (2) The public contracting agency may make such investigation as is necessary to determine whether a person is qualified. If a bidder or prospective bidder fails to supply promptly information as requested by the public contracting agency pursuant to such investigation, such failure is grounds for disqualification.

    (3) Any information voluntarily submitted by a bidder or prospective bidder pursuant to an investigation under subsection (2) of this section or in a prequalification statement required by ORS 279.039 or in a prequalification request submitted pursuant to ORS 279.041 shall be deemed a trade secret pursuant to ORS 192.501 to 192.505 if requested by the person submitting the information. [1975 c.771 13; 1977 c.289 7]

    279.038 [Repealed by 1975 c.771 33]

279.043 Appeal of disqualification. Any person who wishes to appeal disqualification as a bidder shall, within three business days after receipt of notice of disqualification, notify the public contracting agency that the person appeals the disqualification. Immediately upon receipt of such notice of appeal, a public contracting agency which is an agency of the State of Oregon shall notify the director. If the public contracting agency is a political subdivision of the state or a public body created by intergovernmental agreement, it shall notify the appropriate board.

279.043 Appeal of disqualification. Any person who wishes to appeal disqualification as a bidder shall, within three business days after receipt of notice of disqualification, notify the public contracting agency that the person appeals the disqualification. Immediately upon receipt of such notice of appeal, a public contracting agency which is an agency of the State of Oregon shall notify the director. If the public contracting agency is a political subdivision of the state or a public body created by intergovernmental agreement, it shall notify the appropriate board. [1975 c.771 17; 1977 c.289 4; 1983 c.690 10]

    279.044 [Repealed by 1975 c.771 33]

279.045 Appeal procedure; hearing; costs; judicial review.

    (1) The procedure for appeal from a disqualification by a public contracting agency shall be in accordance with this section and is not subject to ORS 183.310 to 183.550 except where specifically provided by this section.

    (2) Promptly upon receipt of notice of appeal from a public contracting agency as provided for by ORS 279.043, the director or board shall notify the person appealing and the public contracting agency of the time and place of the hearing. The director or board shall conduct the hearing and decide the appeal within 0 days after receiving the notification from the public contracting agency. The director or board shall set forth in writing the reasons for the decision.

    (3) In the hearing the director or board shall consider de novo the notice of disqualification, the record of the investigation made by the public contracting agency and any evidence provided by the parties. In all other respects, hearings before the director shall be conducted in the same manner as a contested case under OS 183.415 (3) to (6) and (9), 183.425, 183.440 and 183.450. Hearings before a board shall be conducted under rules of procedure adopted by the board.

    (4) The director may allocate the director's cost for the hearing between the person appealing the disqualification and the public contracting agency whose disqualification decision is being appealed. The location shall be based upon facts found by the director and stated in the final order which, in the director's opinion, warrant such allocation of the costs. If the final order does not allocate the director's costs for the earing, such costs shall be paid as follows:

    (a) If the decision to disqualify a person as a bidder is upheld, the director's costs shall be paid by the person appealing the disqualification.

    (b) If the decision to disqualify a person as a bidder is reversed by the director the director's costs shall be paid by the public contracting agency whose disqualification decision is the subject of the appeal.

    (5) The decision of the director or board may be reviewed only upon a petition in the circuit court of the county in which the director or board has its principal office filed within 15 days after the date of the decision. The circuit court shall reverse or modify the decision only if it finds:

    (a) The decision was procured by corruption, fraud or undue means.

    (b) There was evident partiality or corruption on the part of the director or board of any of its members.

    (c) There was an evident material miscalculation of figures or an evident material mistake in the description of any person, thing or property referred to in the decision.

    (6) The procedure provided in this section is the exclusive means of judicial review of the decision of the director or board. The judicial review provisions of ORS 183.480 and writs of review and mandamus as provided in ORS chapter 34, and other legal, declaratory and injunctive remedies are not available.

    (7) The circuit court may, in its discretion, stay the letting of the contract which is the subject of the petition in the same manner as a suit in equity. In the event the court determines that there has been an improper disqualification and the contract has been let, the court may proceed to take evidence to determine the damages, if any, suffered by the petitioner and award such damages as the court may find as a judgment against the director or board. The court may award costs and attorney fees to the prevailing party. [1975 c.771 18; 1977 c.289 5; 1983 c.690 11; 1985 c.757 6]

    279.046 [Repealed by 1975 c.771 33]   

279.047 Effect of prequalification by Department of Transportation or General Services. If a person is prequalified with the Department of Transportation to perform contracts, or with the Department of General Services to perform contracts, that person is rebuttably presumed qualified with any other public contracting agency for the same kind of work. When qualifying for the same kind of work with another public contracting agency, that person may submit proof of such prequalification in lieu of a prequalification application as required by ORS 279.039 (1) or as a request for prequalification under ORS 279.041 (1). [1975 c.771 16; 1977 c.289 6]

    279.048 [Repealed by 1975 c.771 33]