ORS 200.075 [Operative Until 1/1/2024] Prohibited Conduct; Suspension of Right to Participate In Public Contracts; Revocation of Certification

• Library: Oregon Statutes
• Edition: 2023
• Currency: Current through legislation effective January 1, 2024
• Year: 2023
• Citation: ORS 200.075

(1) An affected [public] contracting agency shall suspend any bidder's, proposer's, contractor's or subcontractor's right to submit a bid or proposal for, or receive an award of, a public contract in the future if the bidder, proposer, contractor or subcontractor knowingly commits any of the acts listed in [paragraphs (a) to (d) of] this subsection. The affected [public] contracting agency shall suspend the right only after providing notice and opportunity for hearing in a manner that the affected [public] contracting agency provides by rule. The affected [public] contracting agency shall specify a time for the suspension that is up to one year for a first violation, up to three years for a second violation and up to five years for a third violation. Each violation must remain on record for five years. After five years the affected [public] contracting agency may not consider the violation in reviewing future violations. A bidder, proposer, contractor or subcontractor may not:

[(a) Enter into any agreement to represent that a disadvantaged, minority, women or emerging small business enterprise certified pursuant to ORS 200.055 will perform a public contract or subcontract or supply material under a public improvement contract without the knowledge and consent of the disadvantaged, minority, women or emerging small business enterprise.]

(a) Enter into any agreement to represent that a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business certified under ORS 200.055 will perform work or supply materials under a public contract without the knowledge and consent of the disadvantaged business enterprise, minority-owned business, woman-owned business, business that a service-disabled veteran owns or emerging small business.

(b) Exercise or permit another bidder, proposer, contractor or subcontractor to exercise management and decision making control over the internal operations of a [certified disadvantaged, minority, women or emerging small business enterprise] disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business, other than the bidder's, proposer's, contractor's or subcontractor's own [business] enterprise or business. As used in this paragraph, "internal operations" does not include normal scheduling, coordination, execution or performance as a subcontractor on a public contract.