Keeton-King Construction Inc. v. State

Department of General Services (DGS) appeals the circuit court’s decision reversing its order in other than a contested case. ORS 183.484; ORS 183.500. We remand for reinstatement of the DGS order.

In 1988, DGS sought bids for construction of a building in Bend. On the first page of the bid invitation, DGS informed potential bidders that

“MINORITY BUSINESS ENTERPRISE (MBE) AND WOMEN BUSINESS ENTERPRISE (WBE) SUBCONTRACTING GOALS are a requirement of this contract. All information on goals established for this project, or, if a good faith effort was made and bidder failed to meet the goals,…