Oregon Statutes 279C.460 – Action by or on behalf of adversely affected bidder or proposer; exception for personal services contract
(1) Any bidder or proposer adversely affected or any trade association of construction contractors acting on behalf of a member of the association to protect interests common to construction contractor members may commence an action in the circuit court for the county where the principal offices of a contracting agency are located, for the purpose of requiring compliance with, or prevention of violations of, ORS § 279C.300 to 279C.470 or to determine the applicability of ORS § 279C.300 to 279C.470 to matters or decisions of the contracting agency.
Terms Used In Oregon Statutes 279C.460
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) The court may order such equitable relief as the court considers appropriate in the circumstances. In addition to or in lieu of any equitable relief, the court may award an aggrieved bidder or proposer any damages suffered by the bidder or proposer as a result of violations of ORS § 279C.300 to 279C.470 for the reasonable cost of preparing and submitting a bid or proposal. A decision of the contracting agency may not be voided if other equitable relief is available.
(3) If the contracting agency is successful in defending the contracting agency’s actions against claims of violation or potential violation of ORS § 279C.300 to 279C.470, the court may award to the aggrieved contracting agency any damages suffered as a result of the court action.
(4) The court may order payment of reasonable attorney fees and costs on trial and on appeal to a successful party in an action brought under this section.
(5) This section does not apply to personal services contracts under ORS § 279C.100 to 279C.125. [2003 c.794 § 134; 2007 c.764 § 33]