Oregon Statutes - Chapter 279C - Public Contracting - Public Improvements and Related Contracts

279C.005 Definitions.
ORS 279A.010 (1) contains general definitions applicable throughout this chapter. [2003 c.794 §88]
279C.010 Applicability.
Except as provided in ORS 279C.320, public contracting under this chapter is subject to ORS chapter 279A, but not ORS chapter 279B. [2003 c.794 §88a;...
279C.100 Definitions for ORS 279C.100 to 279C.125.
As used in ORS 279C.100 to 279C.125: (1) �Architect� means a person who is registered and holds a valid certificate in the practice of architecture...
279C.105 Contracts for architectural, engineering, land surveying and related services; procedures.
(1) Except as provided in ORS 279A.140, contracting agencies may enter into contracts for architectural, engineering and land surveying services and related services. The Oregon...
279C.107 Public disclosure of contents of proposals for architectural, engineering or land surveying services; treatment of trade secrets and confidential information.
(1) Notwithstanding the public records law, ORS 192.410 to 192.505, if a contracting agency solicits a contract for architectural, engineering or land surveying services or...
279C.110 Selection procedure for architects, engineers and land surveyors; compensation; applicability.
(1) A state contracting agency shall select consultants to provide architectural, engineering or land surveying services on the basis of qualifications for the type of...
279C.115 Direct contracts for services of architects, engineers and land surveyors.
(1) As used in this section, �consultant� means an architect, engineer or land surveyor. (2) A local contracting agency may enter into an architectural, engineering...
279C.120 Selection procedure for related services.
(1) A contracting agency may select consultants to perform related services: (a) In accordance with screening and selection procedures adopted under ORS 279C.105; (b) On...
279C.125 Architectural, engineering and land surveying services selection process for local government public improvements procured through state agency; rules.
(1) The Department of Transportation, the Oregon Department of Administrative Services or any other state contracting agency shall adopt rules establishing a two-tiered selection process...
279C.300 Policy on competition.
It is the policy of the State of Oregon that public improvement contracts awarded under this chapter must be based on competitive bidding, except as...
279C.305 Least-cost policy for public improvements; costs estimates in budget process; use of agency forces; record of costs.
(1) It is the policy of the State of Oregon that contracting agencies shall make every effort to construct public improvements at the least cost...
279C.310 Limitation on contracting agency constructing public improvement.
If a contracting agency fails to adopt and apply a cost accounting system that substantially complies with the model cost accounting guidelines developed by the...
279C.315 Waiver of damages for unreasonable delay by contracting agency against public policy.
(1) Any clause in a public improvement contract that purports to waive, release or extinguish the rights of a contractor to damages or an equitable...
279C.320 Contracts for construction other than public improvements.
(1) Contracting agencies shall enter into contracts for emergency work, minor alteration, ordinary repair or maintenance of public improvements, as well as any other construction...
279C.325 Limitation on contracting agency awarding contract to nonresident education service district.
A contracting agency may not award a public improvement contract, a contract for a public works, as defined in ORS 279C.800, or a contract for...
279C.330 �Findings� defined.
As used in ORS 279C.335, 279C.345 and 279C.350, �findings� means the justification for a contracting agency conclusion that includes, but is not limited to, information...
279C.335 Competitive bidding; exceptions; exemptions.
(1) All public improvement contracts shall be based upon competitive bids except: (a) Contracts made with qualified nonprofit agencies providing employment opportunities for individuals with...
279C.340 Contract negotiations.
If a public improvement contract is competitively bid and all responsive bids from responsible bidders exceed the contracting agency�s cost estimate, the contracting agency, in...
279C.345 Specifications for contracts; exemptions.
(1) Specifications for public improvement contracts may not expressly or implicitly require any product by any brand name or mark, nor the product of any...
279C.350 Exemption procedure; appeal.
(1) Exemptions granted by the Director of the Oregon Department of Administrative Services under ORS 279C.335 (2) or 279C.345 (2) constitute rulemaking and not contested...
279C.355 Evaluation of public improvement projects not contracted by competitive bidding.
(1) Upon completion of and final payment for any public improvement contract, or class of public improvement contracts, in excess of $100,000 for which the...
279C.360 Requirement for public improvement advertisements.
(1) An advertisement for public improvement contracts must be published at least once in at least one newspaper of general circulation in the area where...
279C.365 Requirements for solicitation documents and bids and proposals.
(1) A contracting agency preparing solicitation documents for a public improvement contract shall, at a minimum, include: (a) The public improvement project; (b) The office...
279C.370 First-tier subcontractor disclosure.
(1)(a) Within two working hours after the date and time of the deadline when bids are due to a contracting agency for a public improvement...
279C.375 Award of contract or multiple contracts; bonds; impermissible exclusions.
(1) After bids are opened and a determination is made that a public improvement contract is to be awarded, the contracting agency shall award the...
279C.380 Performance bond; payment bond; waiver of bonds.
(1) Except as provided in ORS 279C.390, a successful bidder for a public improvement contract shall promptly execute and deliver to the contracting agency the...
279C.385 Return or retention of bid security.
(1) A contracting agency shall return the bid security of the successful bidder to the bidder after the bidder: (a) Executes the public improvement contract;...
279C.390 Exemption of contracts from bid security and bonds.
(1) Subject to the provisions of subsection (2) of this section, the Director of the Oregon Department of Administrative Services, a state contracting agency with...
279C.395 Rejection of bids.
A contracting agency may reject any bid not in compliance with all prescribed public bidding procedures and requirements, and may, for good cause, reject all...
279C.400 Competitive proposals; procedure.
(1) When authorized or required by an exemption granted under ORS 279C.335, a contracting agency may solicit and award a public improvement contract, or may...
279C.405 Requests for information, interest or qualifications; requirements for requests for proposals.
(1) A contracting agency may issue a request for information, a request for interest, a request for qualifications or other preliminary documents to obtain information...
279C.410 Receipt of proposals; evaluation and award.
(1) Notwithstanding the public records law, ORS 192.410 to 192.505: (a) Proposals may be opened so as to avoid disclosure of contents to competing proposers...
279C.412 Competitive quotes for intermediate procurements.
(1) A public improvement contract estimated by the contracting agency not to exceed $100,000 may be awarded in accordance with intermediate procurement procedures for competitive...
279C.414 Requirements for competitive quotes.
(1) Rules adopted under ORS 279A.065 to govern competitive quotes shall require the contracting agency to seek at least three informally solicited competitive price quotes...
279C.430 Prequalification of bidders.
(1) A contracting agency may adopt a rule, resolution, ordinance or other regulation requiring mandatory prequalification for all persons desiring to bid for public improvement...
279C.435 Effect of prequalification by Department of Transportation or Oregon Department of Administrative Services.
If a person is prequalified with the Department of Transportation or with the Oregon Department of Administrative Services, the person is rebuttably presumed qualified with...
279C.440 Disqualification from consideration for award of contracts.
(1)(a) A contracting agency may disqualify a person from consideration for award of the contracting agency�s contracts for the reasons listed in subsection (2) of...
279C.445 Appeal of disqualification.
Any person who wishes to appeal disqualification shall, within three business days after receipt of notice of disqualification, notify the contracting agency that the person...
279C.450 Appeal procedure for prequalification and disqualification decisions; hearing; costs; judicial review.
(1) The procedure for appeal from a disqualification or denial, revocation or revision of a prequalification by a contracting agency shall be in accordance with...
279C.460 Action by or on behalf of adversely affected bidder or proposer; exception for personal services contract.
(1) Any bidder or proposer adversely affected or any trade association of construction contractors acting on behalf of a member of the association to protect...
279C.465 Action against successful bidder; amount of damages; when action to be commenced; defenses.
(1) Any person that loses a competitive bid or proposal for a contract involving the construction, repair, remodeling, alteration, conversion, modernization, improvement, rehabilitation, replacement or...
279C.470 Compensation for contractor on contract declared void by court; exceptions; applicability.
(1) If a court determines that a public improvement contract is void because the contracting agency letting the contract failed to comply with any statutory...
279C.500 �Person� defined.
As used in ORS 279C.500 to 279C.530, unless the context otherwise requires, �person� includes the State Accident Insurance Fund Corporation and the Department of Revenue....
279C.505 Conditions concerning payment, contributions, liens, withholding, drug testing.
(1) Every public improvement contract shall contain a condition that the contractor shall: (a) Make payment promptly, as due, to all persons supplying to the...
279C.510 Demolition contracts to require material salvage; lawn and landscape maintenance contracts to require composting or mulching.
(1) Every public improvement contract for demolition shall contain a condition requiring the contractor to salvage or recycle construction and demolition debris, if feasible and...
279C.515 Conditions concerning payment of claims by public officers, payment to persons furnishing labor or materials and complaints.
(1) Every public improvement contract shall contain a clause or condition that, if the contractor fails, neglects or refuses to make prompt payment of any...
279C.520 Condition concerning hours of labor.
(1) Every public contract subject to this chapter must contain a condition that a person may not be employed for more than 10 hours in...
279C.525 Provisions concerning environmental and natural resources laws; remedies.
(1) Solicitation documents for a public improvement contract shall make specific reference to federal, state and local agencies that have enacted ordinances, rules or regulations...
279C.527 Inclusion of amount for solar energy technology in public improvement contract; written determination of appropriateness; exemptions and limitations.
(1) Except as otherwise provided in this section, a public improvement contract for the construction of a public building or for the reconstruction or major...
279C.528 State Department of Energy requirements and specifications; rules.
Public improvement contracts subject to ORS 279C.527 are also subject to rules adopted by the State Department of Energy that include, but are not limited...
279C.530 Condition concerning payment for medical care and providing workers� compensation.
(1) Every public improvement contract shall contain a condition that the contractor shall promptly, as due, make payment to any person, copartnership, association or corporation...
279C.535 Condition concerning steel material; rules.
The Department of Transportation shall adopt rules to require that public improvement contracts entered into by the department include a price escalation and de-escalation clause...
279C.540 Maximum hours of labor on public contracts; holidays; exceptions; liability to workers; rules.
(1) When labor is employed by the state or a county, school district, municipality, municipal corporation or subdivision thereof through a contractor, a person may...
279C.545 Time limitation on claim for overtime; posting of circular by contractor.
When labor is employed by the state or a county, school district, municipality, municipal corporation or subdivision thereof through another as a contractor, any worker...
279C.550 �Retainage� defined.
As used in ORS 279C.550 to 279C.570, �retainage� means the difference between the amount earned by a contractor on a public improvement contract and the...
279C.555 Withholding of retainage.
The withholding of retainage by a contractor or subcontractor on public improvement contracts shall be in accordance with ORS 701.420 and 701.430 except when the...
279C.560 Form of retainage.
(1) Moneys retained by a contracting agency under ORS 279C.570 (7) shall be: (a) Retained in a fund by the contracting agency and paid to...
279C.565 Limitation on retainage requirements.
Unless otherwise specifically included by statute, the provisions of ORS 279C.560 or 279C.625 apply only as between the contracting agency or public body and the...
279C.570 Prompt payment policy; progress payments; retainage; interest; exception; settlement of compensation disputes.
(1) It is the policy of the State of Oregon that all payments due on a public improvement contract and owed by a contracting agency...
279C.580 Contractor�s relations with subcontractors.
(1) A contractor may not request payment from the contracting agency of any amount withheld or retained in accordance with subsection (5) of this section...
279C.585 Authority to substitute undisclosed first-tier subcontractor; circumstances; rules.
A contractor whose bid is accepted may substitute a first-tier subcontractor that was not disclosed under ORS 279C.370 by submitting the name of the new...
279C.590 Complaint process for substitutions of subcontractors; civil penalties.
(1)(a) A subcontractor disclosed under ORS 279C.370 may file a complaint based on the subcontractor disclosure requirements under ORS 279C.370 with the Construction Contractors Board...
279C.600 Right of action on payment bond or public works bond of contractor or subcontractor; notice of claim.
(1) A person claiming to have supplied labor or materials for the performance of the work provided for in a public contract, including any person...
279C.605 Notice of claim.
(1) The notice of claim required by ORS 279C.600 must be sent by registered or certified mail or hand delivered no later than 120 days...
279C.610 Action on contractor�s public works bond or payment bond; time limitation.
(1) The Commissioner of the Bureau of Labor and Industries or a person who has a right of action on the public works bond or...
279C.615 Preference for labor and material liens.
All labor and material liens have preference and are superior to all other liens and claims of any kind or nature created by ORS 279C.500...
279C.620 Rights of person providing medical care to employees of contractor.
A person providing medical, surgical or hospital care services or other needed care and attention, incident to sickness or injury, to the employees of a...
279C.625 Joint liability when payment bond not executed.
If the public improvement contract is one for which a payment bond as provided for in ORS 279C.380 and 279C.400 is required and the contractor...
279C.650 �Labor dispute� defined.
As used in ORS 279C.650 to 279C.670, �labor dispute� has the meaning given that term in ORS 662.010. [2003 c.794 §160]
279C.655 Extension and compensation when work suspended.
If a public contract is not terminated but work under the contract is suspended by an order of a contracting agency for any reason considered...
279C.660 Compensation when contract terminated due to public interest.
When a public contract is terminated by mutual agreement, provision shall be made for the payment of compensation to the contractor. In addition to a...
279C.665 Contractual provisions for compensation when contract terminated due to public interest.
A contracting agency may provide in a public improvement contract detailed provisions under which the contractor shall be entitled, as a matter of right, to...
279C.670 Application of ORS 279C.650 to 279C.670.
ORS 279C.650 to 279C.670 do not apply to suspension of the work or termination of the contract that occurs as a result of the contractor�s...
279C.800 Definitions for ORS 279C.800 to 279C.870.
As used in ORS 279C.800 to 279C.870, unless the context requires otherwise: (1) �Fringe benefits� means the amount of: (a) The rate of contribution irrevocably...
279C.805 Policy.
The Legislative Assembly declares that the purposes of the prevailing rate of wage law are: (1) To ensure that contractors compete on the ability to...
279C.807 Workforce diversity for public works projects.
(1) The Bureau of Labor and Industries shall develop and adopt a plan to increase diversity statewide among workers employed on projects subject to ORS...
279C.808 Rules.
In accordance with applicable provisions of ORS chapter 183, the Commissioner of the Bureau of Labor and Industries shall adopt rules necessary to administer ORS...
279C.810 Exemptions; rules.
(1) As used in this section: (a) �Funds of a public agency� does not include: (A) Funds provided in the form of a government grant...
279C.815 Determination of prevailing wage; sources of information; comparison of state and federal prevailing wage; other powers of commissioner.
(1) As used in this section, �person� includes any employer, labor organization or any official representative of an employee or employer association. (2)(a) The Commissioner...
279C.817 Determination of applicability of prevailing wage rate; time limitation; hearing; rules.
(1) The Commissioner of the Bureau of Labor and Industries shall, upon the request of a public agency or other interested person, make a determination...
279C.820 Advisory committee to assist commissioner.
(1) The Commissioner of the Bureau of Labor and Industries shall appoint an advisory committee to assist the commissioner in the administration of ORS 279C.800...
279C.825 Fees; rules.
(1)(a) The Commissioner of the Bureau of Labor and Industries, by rule, shall establish a fee to be paid by the public agency that awards...
279C.827 Division of public works project; applicability of prevailing wage rate to divided projects.
(1)(a) A public agency may not divide a public works project into more than one contract for the purpose of avoiding compliance with ORS 279C.800...
279C.830 Provisions concerning prevailing rate of wage in specifications, contracts and subcontracts; applicability of prevailing wage; fee; bond.
(1)(a) Except as provided in paragraph (d) of this subsection, the specifications for every contract for public works shall contain a provision stating the existing...
279C.835 Notifying commissioner of public works contract.
Public agencies shall notify the Commissioner of the Bureau of Labor and Industries in writing, on a form prescribed by the commissioner, whenever a contract...
279C.836 Public works bond; rules.
(1) Except as provided in subsection (4), (7), (8) or (9) of this section, before starting work on a contract or subcontract for a public...
279C.838 Applicability of state and federal rates of wage; determination of site of project; determination of applicability of wage to transportation workers; waiver.
When a public works project is subject to the Davis-Bacon Act (40 U.S.C. 3141 et seq.): (1) If the state prevailing rate of wage is...
279C.840 Payment of prevailing rate of wage; posting of rates and fringe benefit plan provisions.
(1) The hourly rate of wage to be paid by any contractor or subcontractor to workers upon all public works shall be not less than...
279C.845 Certified statements regarding payment of prevailing rates of wage; retainage.
(1) The contractor or the contractor�s surety and every subcontractor or the subcontractor�s surety shall file certified statements with the public agency in writing, on...
279C.850 Inspection to determine whether prevailing rate of wage being paid; civil action for failure to pay prevailing rate of wage or overtime.
(1) At any reasonable time the Commissioner of the Bureau of Labor and Industries may enter the office or business establishment of any contractor or...
279C.855 Liability for violations.
(1) Any contractor or subcontractor or contractor�s or subcontractor�s surety that violates the provisions of ORS 279C.840 is liable to the workers affected in the...
279C.860 Ineligibility for public works contracts for failure to pay or post notice of prevailing rates of wage; certified payroll reports to commissioner.
(1) When the Commissioner of the Bureau of Labor and Industries, in accordance with the provisions of ORS chapter 183, determines that a contractor or...
279C.865 Civil penalties.
(1) In addition to any other penalty provided by law, the Commissioner of the Bureau of Labor and Industries may assess a civil penalty not...
279C.870 Civil action to enforce payment of prevailing rates of wage.
(1) The Commissioner of the Bureau of Labor and Industries or any other person may bring a civil action in any court of competent jurisdiction...

Last modified: August 7, 2008