Oregon Statutes - Chapter 279A - Public Contracting - General Provisions

  • 279A.005   Short title.
    ORS chapters 279A, 279B and 279C may be cited as the Public Contracting Code. [2003 c.794 §1]
  • 279A.010   Definitions for Public Contracting Code.
    (1) As used in the Public Contracting Code, unless the context or a specifically applicable definition requires otherwise: (a) “Bidder” means a person that submits...
  • 279A.015   Policy.
    It is the policy of the State of Oregon, in enacting the Public Contracting Code, that a sound and responsive public contracting system should: (1)...
  • 279A.020   Organization of Public Contracting Code.
    (1) Except as otherwise provided in the Public Contracting Code, all public contracting by a contracting agency is subject to this chapter. (2) Except as...
  • 279A.025   Application of Public Contracting Code.
    (1) Except as provided in subsections (2) to (4) of this section, the Public Contracting Code applies to all public contracting. (2) The Public Contracting...
  • 279A.030   Federal law prevails in case of conflict.
    Except as otherwise expressly provided in ORS 279C.800 to 279C.870, and notwithstanding ORS 279C.005 to 279C.670 and this chapter and ORS chapter 279B, applicable federal...
  • 279A.050   Procurement authority.
    (1)(a) Except as otherwise provided in the Public Contracting Code, a contracting agency shall exercise all procurement authority in accordance with the provisions of the...
  • 279A.055   Personal services contracts.
    (1) Except as provided in ORS 279A.140, a contracting agency may enter into personal services contracts. The provisions of this section do not relieve a...
  • 279A.060   Local contract review boards.
    If the governing body of a local contracting agency takes no action to provide otherwise, the governing body is the local contract review board of...
  • 279A.065   Model rules generally; applicability to contracting agencies.
    (1) The Attorney General shall prepare and maintain model rules of procedure appropriate for use by all contracting agencies governing public contracting under the Public...
  • 279A.070   Rules.
    In addition to rules adopted under ORS 279A.065 (5), a contracting agency may, in the exercise of authority granted under ORS 279A.050, adopt rules necessary...
  • 279A.075   Delegation.
    (1) Unless otherwise provided in the Public Contracting Code, the exercise of all authorities in the code may be delegated and subdelegated in whole or...
  • 279A.100   Affirmative action; limited competition permitted.
    (1) As used in this section, “affirmative action” means a program designed to ensure equal opportunity in employment and business for persons otherwise disadvantaged by...
  • 279A.105   Subcontracting to emerging small businesses.
    (1) A contracting agency may require a contractor to subcontract some part of a contract to, or to obtain materials to be used in performing...
  • 279A.110   Discrimination in subcontracting prohibited; remedies.
    (1) A bidder or proposer who competes for or is awarded a public contract may not discriminate against a subcontractor in the awarding of a...
  • 279A.120   Preference for Oregon goods and services; nonresident bidders.
    (1) As used in this section: (a) “Nonresident bidder” means a bidder who is not a resident bidder. (b) “Resident bidder” means a bidder that...
  • 279A.125   Preference for recycled materials.
    (1) Notwithstanding provisions of law requiring a contracting agency to award a contract to the lowest responsible bidder or best proposer or provider of a...
  • 279A.142   Limitation of competition.
    A contracting agency may, by appropriate ordinance, resolution or rule, limit competition for a public contract to emerging small business enterprises certified under ORS 200.055...
  • 279A.145   Recycled product purchasing information.
    The Oregon Department of Administrative Services shall include recycled product purchasing information within publications and training programs provided to local governments requesting state government purchasing...
  • 279A.150   Procurement of goods containing recycled polyethylene material.
    (1) The Oregon Department of Administrative Services shall provide guidelines to state agencies and contractors on the availability of necessary goods that contain recycled PETE,...
  • 279A.180   Purchases through federal programs.
    Notwithstanding any other provision of the Public Contracting Code, a procurement may be made without competitive sealed bidding, competitive sealed proposals or other competition required...
  • 279A.185   Local contracting agency arrangements for use or disposition of personal property authorized.
    (1) Notwithstanding the competitive procurement requirements of ORS chapters 279B and 279C, a local contracting agency may sell, transfer or dispose of personal property in...
  • 279A.190   Transfers of fire protection equipment between fire departments.
    (1) As used in this section: (a) “Fire protection equipment” has the meaning given that term in ORS 476.005. (b) “Public contract” includes a sale...
  • 279A.200   Definitions for ORS 279A.200 to 279A.225.
    (1) As used in ORS 279A.200 to 279A.225: (a) “Administering contracting agency” means a governmental body in this state or in another jurisdiction that solicits...
  • 279A.205   Cooperative procurements authorized.
    (1) A contracting agency may participate in, sponsor, conduct or administer a joint cooperative procurement for the procurement of any goods, services or public improvements....
  • 279A.210   Joint cooperative procurements.
    (1) A joint cooperative procurement is valid only if: (a) The administering contracting agency’s solicitation and award process for the original contract is an open...
  • 279A.215   Permissive cooperative procurements.
    (1) A contracting agency may establish a contract or price agreement through a permissive cooperative procurement only if: (a) The administering contracting agency’s solicitation and...
  • 279A.220   Interstate cooperative procurements.
    (1) A contracting agency may establish a contract or price agreement through an interstate cooperative procurement only if: (a) The administering contracting agency’s solicitation and...
  • 279A.225   Protests and disputes.
    (1) A protest regarding the procurement process, the contents of solicitation documents or the award or proposed award of an original contract may be directed...
  • 279A.250   Definitions for ORS 279A.250 to 279A.290.
    As used in ORS 279A.250 to 279A.290, unless the context requires otherwise: (1) “Donee” means an entity eligible to acquire federal donation property based upon...
  • 279A.255   Inspection, appraisal and inventory of state property; reports by state agencies.
    The Oregon Department of Administrative Services may: (1) Provide for the periodic inspection and appraisal of state property; (2) Provide for the maintenance of current...
  • 279A.260   Powers and duties of department; acquisitions by qualified donees; rules.
    (1) Subject to the power of the Governor to terminate the functions listed in this section, the Oregon Department of Administrative Services may: (a) Accept...
  • 279A.265   Use of Oregon Department of Administrative Services Operating Fund; cash dividends.
    (1) In addition to the other purposes for which the Oregon Department of Administrative Services Operating Fund established under ORS 283.076 may be used, the...
  • 279A.270   Contracts with federal government for accepting gifts and acquiring surplus property; bids not required.
    The Oregon Department of Administrative Services may enter into contracts with any federal government unit for the purpose of accepting gifts and for the acquisition...
  • 279A.275   Leasing of state property.
    The Oregon Department of Administrative Services may lease any state property not needed for public use, provided the law does not prohibit the leasing and...
  • 279A.280   Disposal of surplus property; costs of disposal.
    (1)(a) Without requiring competitive bidding: (A) The Oregon Department of Administrative Services may sell or transfer surplus property to or transfer surplus property between donees....
  • 279A.285   Disposition of moneys received as payment for repair or replacement of damaged, destroyed, lost or stolen property.
    All moneys received from insurers and other sources as payment for the cost and expense of repair and replacement of property of state agencies that...
  • 279A.290   Miscellaneous receipts accounts.
    (1) The State Treasurer may establish a miscellaneous receipts account for any state agency and shall credit to the account any amounts paid into the...
  • 279A.990   Penalties.
    (1) The provisions of ORS 291.990 apply to ORS 279A.140, 279A.280 and 279B.270. Any violation of ORS 279A.140, 279A.280 or 279B.270 shall be punished as...
  • Last modified: August 7, 2008