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RESPONSIBLE PUBLIC CONTR. COUNCIL v. STATE

96C-11032; A94267.

956 P.2d 993 (1998)

153 Or. App. 96

RESPONSIBLE PUBLIC CONTRACTING COUNCIL, INC., Dale Ramsay Construction Company, Slayden Construction, Inc., and Marion Construction Company, Appellants, v. STATE of Oregon, By and Through the DEPARTMENT OF ADMINISTRATIVE SERVICES and Oregon Youth Authority, Respondents, and Emerick Construction Company, an Oregon corporation and Shea Construction Company, Inc., a Washington corporation, a joint venture dba Emerick/Shea Construction, Intervenors.

Court of Appeals of Oregon.

Decided March 18, 1998.

Attorney(s) appearing for the Case

Joseph A. Yazbeck, Jr. argued the cause for appellants. With him on the briefs was Allen, Yazbeck & O'Halloran, P.C., Portland.

Richard D. Wasserman, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General and Virginia L. Linder, Solicitor General.

Elizabeth Yeats argued the cause for intervenor. With her on the brief was Seifer, Yeats & Mills, LLP, Portland.

Gregory J. Miner, Todd M. Peck, David Douthwaite and Bogle & Gates P.L.L.C., Portland, filed a brief amicus curiae for The Oregon-Columbia Chapter of The Associated General Contractors of America, Inc.

Before RIGGS, P.J., and DEITS, C.J., and LANDAU, J.

LANDAU, Judge.

At issue in this case is the validity of a final order of the State of Oregon Department of Administrative Services (DAS), which approved an exemption to the Oregon Youth Authority (OYA) from certain competitive bidding public contracting requirements for its selection of a general contractor to construct five regional correctional facilities. In essence, plaintiffs—a public contracting trade association...

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