Draft of bid and contract documents and defense of bid protest

Oregon School District

An Oregon school district had an $89 million multi-phase and multi-site construction project involving the construction of new school facilities and comprehensive repairs and renovations to existing facilities. This multi-phase/multi-site public construction project required the letting of construction management and construction contracts to entities based on more than just low bid (i.e., positive experience on similar projects and sufficient resources to complete the projects on budget and on time for the start of the school year).

Within the guidelines of Oregon's public contracting laws, we were able to exempt all of the contracts from the low bid requirements of ORS Chapter 279. In addition, we drafted the required bid and contract documents consistent with all provisions of Oregon's public contracting statutes. While the school district did receive a bid protest contesting the exemption procedures employed, we were able to successfully defend the project-wide exemption for all related contracts.