Pen-Nor, Inc. v. Oregon Department of Higher Education

Plaintiff simultaneously sought a declaratory judgment under ORS 28.010 and review of an administrative order under ORS 183.484. Defendants Department of Higher Education and State Board of Higher Education (defendants) 1 moved to dismiss both claims for lack of standing. 2 The court granted the motion, and plaintiff appeals.

Plaintiff is a certified minority business enterprise (MBE) and, as such, enjoys a special position in public contracting. ORS 279.059 provides, inter alia:

“(1) Whenever a public contracting agency requires a bidder to subcontract some part of the contract or obtain…