Or. Admin. Code § 137-046-0210 - Subcontracting to and Contracting with Emerging Small Businesses; Disqualification
(1) For
purposes of ORS 279A.105, a subcontractor
certified under 200.055 as an emerging small
business is located in or draws its workforce from economically distressed
areas if:
(a) Its principal place of business
is located in an area designated as economically distressed under
administrative rules adopted by the Oregon Business Development Department;
or
(b) The Contractor certifies in
a Signed Writing to the Contracting Agency that a substantial number of the
subcontractor's employees or subcontractors that will manufacture or provide
the Goods or perform the Services or Personal Services under the Contract
reside in an area designated as economically distressed under administrative
rules adopted by the Oregon Business Development Department. For the purposes
of making the foregoing determination, the Contracting Agency shall determine
in each particular instance what proportion of a Contractor's subcontractor's
employees or subcontractors constitutes a substantial number.
(2) Contracting Agencies shall
include in each Solicitation Document a requirement that Offerors certify in
their Offers, in a form prescribed by the Contracting Agency, that the Offeror
has not discriminated, and will not discriminate, against a subcontractor in
the awarding of a subcontract because the subcontractor is certified under ORS
200.055 as a disadvantaged business enterprise, a minority-owned business, a
woman-owned business, an emerging small business, or a Veteran-owned
business.
(3) Disqualification.
(a) A Contracting Agency may disqualify a
Person from consideration for Award of the Contracting Agency's Contracts under
ORS 200.065(5), or
suspend a Person's right to bid on or participate in any Contract under ORS
200.075(1),
after providing the Person with notice and a reasonable opportunity to be heard
in accordance with subsections (b) and (c) of this Section.
(b) The Contracting Agency shall provide
Written notice to the Person of a proposed Disqualification. The Contracting
Agency shall deliver the Written notice by personal service or by registered or
certified mail, return receipt requested. This notice shall:
(A) State that the Contracting Agency intends
to disqualify or suspend the Person;
(B) Set forth the reasons for the
Disqualification;
(C) Include a
statement of the Person's right to a hearing if requested in Writing within the
time stated in the notice and that if the Contracting Agency does not receive
the Person's Written request for a hearing within the time stated, the Person
shall have waived the right to a hearing;
(D) Include a statement of the authority
under which the hearing will be held;
(E) Include a reference to the particular
sections of the statutes and rules involved;
(F) State the proposed Disqualification
period; and
(G) State that the
Person may be represented by legal counsel.
(c) Hearing. The Contracting Agency shall
schedule a hearing upon the Contracting Agency's receipt of the Person's timely
hearing request. Within a reasonable time prior to the hearing, the Contracting
Agency shall notify the Person of the time and place of the hearing and provide
information on the procedures, right of representation and other rights related
to the conduct of the hearing.
(d)
Notice of Disqualification. The Contracting Agency shall provide Written notice
of the Disqualification to the Person. The Contracting Agency shall deliver the
Written notice by personal service or by registered or certified mail, return
receipt requested. The notice shall contain:
(A) The effective date and period of
Disqualification;
(B) The grounds
for Disqualification; and
(C) A
statement of the Person's appeal rights and applicable appeal
deadlines.
(4) Contract and Subcontract Conditions. If a
Contracting Agency awards a Contract to an Offeror that has been determined to
be responsible under ORS
200.005(8) and
200.045(3), or
awards a Contract under ORS
279A.100:
(a) The Contracting Agency must provide, as a
material condition of the Contract:
(A) That
the Contractor must maintain its certification under ORS
200.055 throughout the term of
the Contract and any extensions (if the Contracting Agency used the
certification as a factor in or as a basis for the award of the
Contract);
(B) That the Contractor
must promptly pay each subcontractor that is certified under ORS
200.055 in accordance with ORS
279B.220, or
279C.570 and ORS
279C.580, whichever apply to the
Contract;
(C) That the Contractor
must include, in any subcontract the Contractor establishes in connection with
the Contract, a provision that requires the subcontractor to maintain the
subcontractor's certification under ORS
200.055 throughout the term of
the subcontract and any extensions (if the Contractor used the certification as
a factor in or as a basis for the award of the subcontract);
(D) That the Contracting Agency may require
the Contractor to terminate a subcontract with a subcontractor that fails to
maintain its certification under ORS
200.055 throughout the term of
the subcontract and any extensions.
(b) In the administration of Contracts that
are subject to section (4) of this rule, the Contracting Agency must verify the
Contractor's and any subcontractor's compliance with subsection (4)(a) of this
rule.
(c) Subparagraph (4)(a)(A) of
this section does not apply to an emerging small business that ceases to
qualify as a tier one firm or a tier two firm (as ORS
200.005 defines those terms) due
to the growth in the business's number of full-time equivalent employees or in
average annual gross receipts during the term of the Contract. This section (4)
does not apply to an emerging small business for which a certification under
ORS 200.055 expires during the term
of the Contract or any extensions.
Notes
Statutory/Other Authority: ORS 279A.065
Statutes/Other Implemented: ORS 200.065, ORS 200.075, ORS 279A.065, ORS 279A.105, ORS 279A.110, OL 2015, ch 325 (HB 2716), OL 2015 & ch 565 (HB 3303)
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.