An ITB document for public improvements includes the ITB and its
attachments, a sample contract, addenda, exhibits and supplemental
information. An ITB must include the following information according to
Oregon statutes and administrative rules:
- A designation for or description of the public improvement project.
- The location of the office where the solicitation document may be reviewed.
- The date that prequalification applications are due and the class or
classes of work for which bidders must be prequalified if
prequalification is a requirement.
- Time, date and place of bid opening.
- The form and instructions for bid submission including any other
special information, for example, electronic means of submission.
- The name and title of the person receiving bids.
- A statement that each bidder must identify whether the bidder is a resident bidder (refer to ORS 279A.120).
- A statement that the procuring agency may cancel the procurement or reject any or all bids.
- Requirement that a contractor or subcontractor must be licensed under ORS 468A.720.
- A statement that the procuring agency may not receive or consider a
bid for a public improvement contract unless the bidder is licensed by
the Construction Contractors Board or the State Landscape Contractors
- Whether a contractor or a subcontractor under the contract must be
licensed under ORS 468A.720 (applies to asbestos abatement projects).
- Contractor's certification of nondiscrimination in obtaining
required subcontractors according to ORS 279A.110(4). (Refer to OAR
- Contracts for public works subject to ORS 279C.800 to 279C.870 or
the Davis-Bacon Act (40 U.S.C. 3141 to 3148) require a statement that no
bid will be received or considered by the agency unless the bid
contains a statement by the bidder that the contractor agrees to be
bound by and will comply with the provisions of 279C.838, 279C.840 or 40
U.S.C. 3141 to 3148.
Resource: DAS Procurement Services maintains forms, guidelines, and templates for use in developing
solicitation documents for public improvement. A procuring agency should
reference these documents and confer with DAS/PS and the Attorney
General’s Office, as applicable, prior to issuing an ITB for a public
The procuring agency must post the ITB, including all addenda and
most attachments, through ORPIN. The procuring agency should provide the
following information in the Solicitation/Opportunity Summary:
- ITB purpose
- Notice of any pre-bid conferences, including:
- Time, date and location
- Whether attendance is mandatory
- Provision that statements made by the procuring agency or DAS
representatives at the conference are not binding unless confirmed by
written addendum posted through ORPIN
- Site access: Time and date the site will be available for bidders to view the site conditions
- Project estimate: Range of estimate cost of the project for bonding purposes
- Project completion dates: Number of calendar days from issuance of Notice to Proceed
- Project start date
- Substantial completion
- Final completion
- Liquidated damages: If applicable, the amount of liquidated damages applied to the contract resulting from the ITB
In addition to provisions of statute and rule that specify the elements
of a Public Improvement ITB, a procuring agency must address the
following considerations in its public improvement solicitation.
First tier subcontractor disclosure
A first-tier subcontractor is any entity providing labor or labor
and materials on the contract that will be contracting directly with the
prime contractor. If an ITB may result in a public improvement contract
exceeding $100,000, the agency must designate a time of closing
consistent with the first-tier subcontractor disclosure requirements
(refer to ORS 279C.370(1)(b) and OAR 137-049-0360). Disclosure is
required only for first-tier subcontractors whose subcontract value is
equal to or greater than five percent of the estimated contract value
but at least $15,000, or is valued at $350,000 or greater.
The ITB must provide instructions for bidders to submit
subcontractor disclosures in the form and format required by statute,
including the subcontractor's name, dollar value and the category of
work that the subcontractor would be performing (refer to ORS 279C.370).
A procuring agency may waive bid security and performance and
payment requirements if the amount of the contract for the public
improvement is less than $100,000 (refer OAR 125-249-0460). Additionally
a procuring agency may exempt certain contracts or classes of contracts
from all or a portion of the requirement for bid security, as well as
bonds for the performance of the contract and payment of obligations
(refer to ORS 279C.390).
Unless a procuring agency has otherwise exempted a procurement from
bid security the procuring agency must require in the ITB document that
bid security be submitted with the bid. Even if the procurement is
exempted from bid security, the procuring agency may still require bid
security from bidders. The requirement for bid security applies only to
public improvement procurements with an estimated contract value of more
If a procuring agency requires bid security, the amount of the bid
security must not be more than 10 percent or less than five percent of
the submitted bid, consisting of the base bid and any additive
alternates. The amount of bid security required should be considered
carefully, and must be clearly stated in the ITB document. Bid security
should not be used to discourage competition.
A procuring agency may accept the following forms of bid security:
- A surety bond from a surety company authorized to do business in the state.
- An irrevocable letter of credit issued by an insured institution (refer to ORS 706.008).
- A cashier's check.
- Certified check from the bidder.
A Public Improvement ITB must include considerations for:
- Notifying bidders of addenda and making addenda available.
- Disclosing joint venture/partnerships.
A procuring agency must ensure that a Public Improvement ITB covers all
contractual terms and conditions applicable to the procurement, and must
clearly specify the consequences for a contractor’s failure to perform
the ITB’s scope of work or a contractor’s failure to meet established
The procuring agency must follow its internal and state-level
procedures for review and approval of the ITB document prior to posting
the public notice. State-level procedures, at a minimum, require the
agency to submit the ITB, with a sample contract, to the Attorney
General for the required legal sufficiency review. Additional
state-level reviews may be required depending on the type of public
improvement project being procured.
A procuring agency may seek to prequalify bidders prior to issuing a
solicitation for a public improvement project through either a
mandatory or permissive prequalification process:
- Mandatory prequalification requires that a bidder be
prequalified to receive the solicitation document and to provide a bid
to that solicitation document. The procuring agency will not accept or
consider bids from suppliers that are not prequalified.
- Permissive prequalification allows the procuring agency to
prequalify suppliers, but does not limit distribution of a solicitation
to prequalified persons. Suppliers who are not prequalified by the
procuring agency may submit bids.
If a supplier is currently prequalified by either the Oregon Department
of Transportation or the Oregon Department of Administrative Services,
the supplier must be considered qualified to perform similar work for
other procuring agencies.
A procuring agency may disqualify a supplier from award
consideration (remove them from its prequalification list) at any time,
provided the supplier is given adequate notice and an opportunity to be