279C.005 Definitions
ORS 279A.010 (1) contains general definitions applicable throughout this chapter.
Oregon Revised Statutes
Chapter 279C — Public Contracting - Public Improvements and Related Contracts
105 sections279C.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. ARCHITECTURAL, ENGINEERING, PHOTOGRAMMETRIC MAPPING, TRANSPORTATION PLANNING, LAND SURVEYING AND RELATED SERVICES
279C.100 Definitions for ORS 279C.100 to 279C.125
As used in ORS 279C.100 to 279C.125: “Architect” has the meaning given that term in ORS 671.010. “Architectural, engineering, photogrammetric mapping, transportation planning or land surveying services” means professional services that are required to be performed by an architect, engineer, photogrammetrist, transportation planner or land surveyor. “Engin…
279C.105 Contracts for architectural, engineering, photogrammetric mapping, transportation planning or land surveying and related services; procedures
Except as provided in ORS 279A.140, a contracting agency may enter into a contract for architectural, engineering, photogrammetric mapping, transportation planning or land surveying services and related services. The Oregon Department of Administrative Services shall enter into a contract for architectural, engineering, photogrammetric mapping, transportatio…
279C.107 Public disclosure of contents of proposals for architectural, engineering, photogrammetric mapping, transportation planning or land surveying services; treatment of trade secrets and confidential information
Notwithstanding the public records law, ORS 192.311 to 192.478, if a contracting agency solicits a contract for architectural, engineering, photogrammetric mapping, transportation planning or land surveying services or related services by a competitive proposal: The contracting agency may open proposals so as to avoid disclosing contents to competing propos…
279C.110 Selection procedures for consultants to provide services; use of pricing proposals; compensation; protests; applicability; rules
A contracting agency shall select a consultant to provide architectural, engineering, photogrammetric mapping, transportation planning or land surveying services on the basis of the consultant’s qualifications for the type of professional service required. A contracting agency may solicit or use pricing policies and proposals or other pricing information, in…
279C.115 Direct contracts for services of consultants
As used in this section, “consultant” means an architect, engineer, photogrammetrist, transportation planner or land surveyor. A contracting agency may enter into a contract for architectural, engineering, photogrammetric mapping, transportation planning or land surveying services or related services directly with a consultant if the project described in th…
279C.120 Selection procedure for related services
A contracting agency may select consultants to perform related services: In accordance with screening and selection procedures adopted under ORS 279C.105; On the basis of the qualifications of the consultants for the types of related services required, under the requirements of ORS 279C.110; or On the basis of price competition, price and performance eval…
279C.125 Architectural, engineering, photogrammetric mapping, transportation planning and land surveying services selection process for local public improvements procured through state agency; rules
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 for contracts with architects, engineers, photogrammetrists, transportation planners and land surveyors to perform personal services contracts. The selection process shall apply…
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 otherwise specifically provided in ORS 279C.335 for exceptions and formal exemptions from competitive bidding requirements.
279C.303 Production in United States of materials for public improvements and public works; waiver and review of waiver; technical assistance and grant program; rules
As used in this section: “Manufactured product” means a preassembled item that is made of iron or steel and that a contractor brings to a construction project for incorporation into a public improvement or public works or a preassembled item that is made of iron or steel and that the Oregon Department of Administrative Services or the Department of Transpor…
279C.305 Least-cost policy for public improvements; requirement to file list of planned projects and estimated costs and to identify projects contracting agency intends to complete with own personnel and resources; required analysis; exceptions
The policy of the State of Oregon is that contracting agencies shall make every effort to construct public improvements at the least cost to the contracting agency. Not less than 30 days before adopting a budget for the subsequent budget period or before starting to construct a public improvement, each contracting agency shall prepare and file with the Comm…
279C.306 Administrative enforcement of least-cost policy for public improvements; procedure; civil action
A contractor, or a trade association of contractors acting on behalf of a member of the trade association, may allege in a complaint to the Commissioner of the Bureau of Labor and Industries that a contracting agency has violated ORS 279C.305 with respect to a public improvement that a contractor was eligible to construct. A complaint under paragraph (a) of…
279C.307 Limitations in procurement of personal services; exceptions; procedure for obtaining exception from appropriate authority; basis for approving exception
Except as provided in subsections (2) and (3) of this section, a contracting agency that procures personal services for the purpose of administering, managing, monitoring, inspecting, evaluating compliance with or otherwise overseeing a public contract that is subject to this chapter may not: Procure the personal services from a contractor or an affiliate o…
279C.308 Community benefit contract; permitted provisions; required contents of solicitation; powers and duties of contracting agency and local contract review board; rules
As used in this section: “Apprentice” has the meaning given that term in ORS 660.010. “Apprenticeable occupation” has the meaning given that term in ORS 660.010. “Community benefit project” means a public improvement project that is subject to the terms and conditions of a community benefit contract. As used in this section and in ORS 279C.375 and 279C.4…
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 Oregon Department of Administrative Services pursuant to section 3, chapter 869, Oregon Laws 1979, as determined by an accountant qualified to perform audits required by ORS 297.210 and 297.405 to 29…
279C.315 Waiver of damages for unreasonable delay by contracting agency against public policy
Any clause in a public improvement contract that purports to waive, release or extinguish the rights of a contractor to damages or an equitable adjustment arising out of unreasonable delay in performing the contract, if the delay is caused by acts or omissions of the contracting agency or persons acting therefor, is against public policy and is void and unen…
279C.320 Contracts for construction other than public improvements
Contracting agencies shall enter into contracts for emergency work, minor alteration, ordinary repair or maintenance of public improvements, as well as any other construction contract that is not defined as a public improvement under ORS 279A.010, in accordance with the provisions of ORS chapter 279B. Contracts for emergency work are regulated under ORS 279B…
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 personal services, as defined in ORS 279C.100, to a nonresident bidder, as defined in ORS 279A.120, that is an education service district. (Competitive Bidding; Contract Specifications; Exceptions; Exemptions)
279C.330 “Findings” defined
As used in ORS 279C.345 and 279C.350, “findings” means the justification for a contracting agency conclusion that includes, but is not limited to, information regarding: Operational, budget and financial data; Public benefits; Value engineering; Specialized expertise required; Public safety; Market conditions; Technical complexity; and Funding source…
279C.332 Definitions for ORS 279A.065, 279C.307, 279C.335, 279C.337 and 279C.380
As used in this section and ORS 279A.065, 279C.307, 279C.335, 279C.337 and 279C.380: “Affiliate” means a person that, directly or indirectly through one or more intermediaries, controls, is controlled by or is under common control with another person. “Construction manager/general contractor” means a person that provides construction manager/general contra…
279C.335 Competitive bidding requirement; exceptions; exemptions
A contracting agency may award a public improvement contract only in response to competitive bids, except for: A public improvement contract with a qualified nonprofit agency that provides employment opportunities for individuals with disabilities under ORS 279.835 to 279.855. A public improvement contract that is exempt under subsection (2) of this sectio…
279C.337 Procurement of construction manager/general contractor services
A contracting agency that intends to procure construction manager/general contractor services shall procure the construction manager/general contractor services in accordance with model rules the Attorney General adopts under ORS 279A.065 (3). A contracting agency shall, in documents the contracting agency uses to procure construction manager/general contra…
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 accordance with rules adopted by the contracting agency, may negotiate with the lowest responsive, responsible bidder, prior to awarding the contract, in order to solicit value engine…
279C.345 Specifications for contracts; exemptions
Specifications for public improvement contracts may not expressly or implicitly require any product by any brand name or mark, nor the product of any particular manufacturer or seller unless the product is exempt under subsection (2) of this section. The Director of the Oregon Department of Administrative Services, a local contract review board or, for cont…
279C.350 Exemption procedure; appeal
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 cases under ORS chapter 183. However, an exemption granted with regard to a specific public improvement contract by the Director of the Oregon Department of Administrative Services, or an exempt…
279C.355 Evaluation of public improvement projects not contracted by competitive bidding
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 contracting agency did not use the competitive bidding process, the contracting agency shall prepare and deliver to the Director of the Oregon Department of Administrative Services, the local contract review …
279C.360 Requirement for public improvement advertisements
An advertisement for public improvement contracts must be published at least once in at least one newspaper of general circulation in the area where the contract is to be performed and in as many additional issues and publications as the contracting agency may determine. The Director of the Oregon Department of Administrative Services, a local contract revie…
279C.365 Requirements for solicitation documents and bids and proposals
A contracting agency that prepares solicitation documents for a public improvement contract shall, at a minimum, include in the solicitation documents: A designation for or description of the public improvement project; The office where the specifications for the project may be reviewed; The date that prequalification applications must be filed under ORS …
279C.370 First-tier subcontractor disclosure
Within two working hours after the date and time of the deadline when bids are due to a contracting agency for a public improvement contract, a bidder shall submit to the contracting agency a disclosure of the first-tier subcontractors that: Will be furnishing labor or will be furnishing labor and materials in connection with the public improvement contract…
279C.375 Award and execution of contract; determination of responsibility of bidder; bonds; impermissible exclusions
After a contracting agency has opened bids and determined that the contracting agency will award a public improvement contract, the contracting agency shall award the contract to the lowest responsible bidder. At least seven days before awarding a public improvement contract, unless the contracting agency determines that seven days is impractical under rule…
279C.380 Performance bond; payment bond; waiver of bonds
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 following bonds: A performance bond in an amount equal to the full contract price conditioned on the faithful performance of the contract in accordance with the plans, specifications and conditions of the…
279C.385 Return or retention of bid security
A contracting agency shall return the bid security of the successful bidder to the bidder after the bidder: Executes the public improvement contract; and Delivers a good and sufficient performance bond, a good and sufficient payment bond and any required proof of insurance. A bidder who is awarded a contract and who fails promptly and properly to execute …
279C.390 Exemption of contracts from bid security and bonds
Subject to the provisions of subsection (2) of this section, the Director of the Oregon Department of Administrative Services, a state contracting agency with procurement authority under ORS 279A.050, a local contract review board or, for contracts described in ORS 279A.050 (3)(b), the Director of Transportation may exempt certain contracts or classes of con…
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 bids upon a finding of the contracting agency it is in the public interest to do so. In any case where competitive bids are required and all bids are rejected, and the proposed project is not abandoned,…
279C.400 Competitive proposals; procedure
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 award multiple public improvement contracts when specified in the request for proposals, by requesting and evaluating competitive proposals. A contract awarded under this section may be amended only in accor…
279C.405 Requests for information, interest or qualifications; requirements for requests for proposals
A contracting agency may issue a request for information, a request for interest, a request for qualifications or other preliminary documents to obtain information useful in the preparation or distribution of a request for proposals. In addition to the general requirements of ORS 279C.365, a contracting agency preparing a request for proposals shall include…
279C.410 Receipt of proposals; evaluation and award
Notwithstanding the public records law, ORS 192.311 to 192.478: Proposals may be opened so as to avoid disclosure of contents to competing proposers during, when applicable, the process of negotiation. Proposals are not required to be open for public inspection until after the notice of intent to award a contract is issued. For each request for proposals,…
279C.412 Competitive quotes for intermediate procurements
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 quotes established by rules adopted under ORS 279A.065. A contract awarded under this section may be amended to exceed $100,000 only in accordance with rules adopted under ORS 279A.065.…
279C.414 Requirements for competitive quotes
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 from prospective contractors. The contracting agency shall keep a written record of the sources and amounts of the quotes received. If three quotes are not reasonably available, fewer will suf…
279C.430 Prequalification of bidders; rules
A contracting agency or, if appropriate, a local contract review board, may adopt a rule, resolution, ordinance or other regulation that permits or requires a prospective bidder or proposer to prequalify for public improvement contracts, including community benefit contracts, for which the contracting agency intends to conduct a procurement. The rule, resolu…
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 any other contracting agency for the same kind of work. When qualifying for the same kind of work with another contracting agency, the person may submit proof of the prequalification in l…
279C.440 Disqualification from consideration for award of contracts
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 this section after providing the person with notice and a reasonable opportunity to be heard. In lieu of the disqualification process described in paragraph (a) of this subsection, a contracting agency c…
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 appeals the disqualification. Immediately upon receipt of the notice of appeal: A state contracting agency shall notify the Director of the Oregon Department of Administrative Services.…
279C.450 Appeal procedure for decision to deny, revoke or revise prequalification; hearing; costs; judicial review
An appeal from a contracting agency’s disqualification or denial, revocation or revision of a prequalification is subject to the procedures set forth in this section and is not subject to ORS chapter 183 except when specifically provided in this section. Promptly upon receiving notice of appeal from a contracting agency as provided in ORS 279C.445, the Dire…
279C.460 Action by or on behalf of adversely affected bidder or proposer; exception for personal services contract
Any bidder or proposer adversely affected or any trade association of construction contractors acting on behalf of a member of the association to protect interests common to construction contractor members may commence an action in the circuit court for the county where the principal offices of a contracting agency are located, for the purpose of requiring c…
279C.465 Action against successful bidder; amount of damages; when action to be commenced; defenses
Any person that loses a competitive bid or proposal for a contract involving the construction, repair, remodeling, alteration, conversion, modernization, improvement, rehabilitation, replacement or renovation of a building or structure may bring an action for damages against another person who is awarded the contract for which the bid or proposal was made if…
279C.470 Compensation for contractor on contract declared void by court; exceptions; applicability
If a court determines that a public improvement contract is void because the contracting agency letting the contract failed to comply with any statutory or regulatory competitive bidding or other procurement requirements, and the contractor entered into the contract without intentionally violating the laws regulating public improvement contracts, then, unles…
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
Every public improvement contract shall contain a condition that the contractor shall: Make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the work provided for in the contract. Pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in th…
279C.510 Demolition contracts to require material salvage; lawn and landscape maintenance contracts to require composting or mulching
Every public improvement contract for demolition shall contain a condition requiring the contractor to salvage or recycle construction and demolition debris, if feasible and cost-effective. Every public improvement contract for lawn and landscape maintenance shall contain a condition requiring the contractor to compost or mulch yard waste material at an app…
279C.515 Conditions concerning payment of claims by public officers, payment to persons furnishing labor or materials and complaints
Every public improvement contract must contain a clause or condition that, if the contractor fails, neglects or refuses to pay promptly a person’s claim for labor or services that the person provides to the contractor or a subcontractor in connection with the public improvement contract as the claim becomes due, the proper officer that represents the state o…
279C.520 Condition concerning hours of labor; compliance with pay equity provisions; employee discussions of rate of pay or benefits
Every public contract subject to this chapter must provide that: A contractor may not employ an employee for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires otherwise, and in such cases, except in cases of contracts for personal services as defined in ORS 2…
279C.525 Provisions concerning environmental and natural resources laws; remedies
Solicitation documents for a public improvement contract shall make specific reference to federal, state and local agencies that have enacted ordinances, rules or regulations dealing with the prevention of environmental pollution and the preservation of natural resources that affect the performance of the contract. If the successful bidder awarded the projec…
279C.527 Inclusion of amount for green energy technology or woody biomass energy technology in public improvement contract; written determination of appropriateness; conditions, exemptions and limitations; rules
As used in this section and ORS 279C.528: “Green energy technology” means a system that employs: Solar or geothermal energy directly for space or water heating or to generate electricity; Building design that uses solar energy passively to reduce energy use from other sources by at least 10 percent from a level required under ORS 276.900 to 276.915 or ach…
279C.528 State Department of Energy requirements and specifications; record keeping requirements; rules
Each contracting agency, in soliciting, awarding and administering public improvement contracts that are subject to ORS 279C.527, is subject to rules the State Department of Energy adopts that include, but are not limited to, requirements, methods and specifications for: Using particular green energy technologies in public improvements; Determining the cos…
279C.530 Condition concerning payment for medical care and providing workers’ compensation
Every public improvement contract shall contain a condition that the contractor shall promptly, as due, make payment to any person, copartnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the contr…
279C.533 Minimum hours and pay for apprentices employed on public improvements; contractor’s plan for outreach to and recruitment and retention of COBID-certified businesses; reporting; enforcement; rules
As used in this section: “Apprentice” has the meaning given that term in ORS 660.010. “Apprenticeable occupation” has the meaning given that term in ORS 660.010. “Apprenticeship agreement” has the meaning given that term in ORS 660.010. “Apprenticeship training program” means the total system of apprenticeship that a particular local joint committee, as …
279C.534 Advisory committee for monitoring implementation of apprenticeship condition in public improvement contracts
The Bureau of Labor and Industries shall establish and provide staffing for an advisory committee to monitor the implementation of, to advise state contracting agencies on compliance with, and to advise the Legislative Assembly on changes needed for better implementation of the requirements set forth in ORS 279C.533. The advisory committee consists of six m…
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 relating to steel material. As used in this section, “steel material” includes structural and reinforcing steel, steel studs, sheet piling, guardrail, ductile iron pipe and other st…
279C.537 Condition concerning use of diesel engines in motor vehicles used in performing certain public improvement contracts; rules
As used in this section, “diesel engine,” “nonroad diesel engine” and “motor vehicle” have the meanings given those terms in ORS 468A.795. Except as provided in subsection (4) of this section, a public improvement contract must require at least 80 percent of the total fleet of motor vehicles that are motor vehicles powered by diesel engines and equipment po…
279C.540 Maximum hours of labor on public contracts; holidays; exceptions; liability to workers; rules
When labor is employed by the state or a county, school district, municipality, municipal corporation or subdivision thereof through a contractor, a person may not be required or permitted to labor more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity or emergency or when the public policy absolutely requires it, in whi…
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 employed by the contractor shall be foreclosed from the right to collect for any overtime provided in ORS 279C.540 unless a claim for payment is filed with the contractor within 90 days from …
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 amount paid on the contract by the contracting agency.
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.
279C.560 Form of retainage; requirements for surety bonds; conditions for rejecting bonds, securities or other instruments; allocation of costs; procedures for holding and payment; requirement for contractor to accept bonds, securities or other instruments from subcontractors
A contractor may submit and a contracting agency shall accept from a contractor in lieu of withholding moneys for all or a portion of the retainage required under a public contract: Bonds, securities or other instruments of a character described in subsection (6) of this section that are deposited as provided in subsection (4) of this section; or A surety …
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 party with whom it contracts.
279C.570 Prompt payment policy; progress payments; retainage; interest; exception; settlement of compensation disputes
The policy of the State of Oregon is that all payments due on a public improvement contract and owed by a contracting agency must be paid promptly. No contracting agency is exempt from the provisions of this section. Contracting agencies shall make progress payments on the contract monthly as work progresses on a public improvement contract. Payments shall …
279C.580 Contractor’s relations with subcontractors
A contractor may not request payment from the contracting agency of any amount withheld or retained in accordance with subsection (5) of this section until the contractor has determined and certified to the contracting agency that the subcontractor has determined and certified to the contracting agency that the subcontractor is entitled to the payment. A di…
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 subcontractor and the reason for the substitution in writing to the contracting agency. A contractor may substitute a first-tier subcontractor under this section in the following circumstances: When the sub…
279C.590 Complaint process for substitutions of subcontractors; civil penalties
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 about a contractor if the contractor has substituted another subcontractor for the complaining subcontractor. If more than one subcontractor files a complaint with the board under par…
279C.600 Right of action on payment bond or public works bond of contractor or subcontractor; notice of claim
A person claiming to have supplied labor or materials for the performance of the work provided for in a public contract, including any person having a direct contractual relationship with the contractor furnishing the payment bond or a direct contractual relationship with any subcontractor, or an assignee of such person, or a person claiming moneys due the S…
279C.605 Notice of claim
The notice of claim required by ORS 279C.600 must be sent by registered or certified mail or hand delivered no later than 180 days after the day the person last provided labor or furnished materials or 180 days after the worker listed in the notice of claim by the Commissioner of the Bureau of Labor and Industries last provided labor. The notice may be sent …
279C.610 Action on contractor’s public works bond or payment bond; time limitation
The Commissioner of the Bureau of Labor and Industries or a person who has a right of action on the public works bond or the payment bond under ORS 279C.600 and, where required, who has filed and served the notice or notices of claim, as required under ORS 279C.600 and 279C.605, or that person’s assignee, may institute an action on the contractor’s public wo…
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 to 279C.530 and 279C.600 to 279C.625.
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 contractor or subcontractor on a public contract is deemed to have performed labor on the public contract for the purposes of ORS 279C.600 to 279C.625.
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 fails to pay for labor or materials or to pay claims due the Industrial Accident Fund, the Unemployment Compensation Trust Fund or the Department of Revenue and the officers of the public body that authorized the cont…
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.
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 to be in the public interest other than a labor dispute or any third-party judicial proceeding relating to the work other than a suit or action filed in regards to a labor dispute, the contractor is entitled to a reaso…
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 reasonable amount of compensation for preparatory work and for all costs and expenses arising out of termination, the amount to be paid to the contractor: Shall be determined on the basis of the contract price…
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 compensation upon termination of the contract on account of any reason considered to be in the public interest.
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 violation of federal, state or local statutes, ordinances, rules or regulations in existence at the time the contract was executed or as a result of violations of the terms of the contract. PREVAILING WAGE RATE
279C.800 Definitions for ORS 279C.800 to 279C.870
As used in ORS 279C.800 to 279C.870: “Fringe benefits” means: Contributions that a contractor or subcontractor makes irrevocably to a trustee or to a third person under a plan, fund or program; and Costs that a contractor or subcontractor may reasonably be anticipated to incur in providing the following items, except for items that federal, state or local…
279C.805 Policy
The Legislative Assembly declares that the purposes of the prevailing rate of wage law are: To ensure that contractors compete on the ability to perform work competently and efficiently while maintaining community-established compensation standards. To recognize that local participation in publicly financed construction and family wage income and benefits …
279C.807 Workforce diversity for public works projects
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.800 to 279C.870. The bureau shall develop the plan after conducting a statewide public process to solicit proposals to increase diversity and shall adopt the plan after considering proposals submitted to the…
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.800 to 279C.870.
279C.810 Exemptions; rules
As used in this section: “Funds of a public agency” does not include: Funds provided in the form of a government grant to a nonprofit organization, unless the government grant is issued for the purpose of construction, reconstruction, major renovation or painting; Building and development permit fees paid or waived by the public agency; Tax credits or ta…
279C.815 Determination of prevailing wage; sources of information; comparison of state and federal prevailing wage; other powers of commissioner
As used in this section: “Electrical worker” means an electrician, inside wireman, cable splicer, electrical welder, electrical material handler, lighting maintenance worker or limited energy electrician. “Person” means an employer, a labor organization or an official representative of an employee or employer association. The Commissioner of the Bureau of…
279C.817 Determination of applicability of prevailing wage rate; time limitation; hearing; rules
The Commissioner of the Bureau of Labor and Industries shall, upon the request of a public agency or other interested person, make a determination about whether a project or proposed project is or would be a public works on which payment of the prevailing rate of wage is or would be required under ORS 279C.840. The requester shall provide the commissioner w…
279C.820 Advisory committee to assist commissioner
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 to 279C.870. The advisory committee must include equal representation of members from management and labor in the building and construction industry who perform work on public works contracts and such ot…
279C.825 Fees; rules
The Commissioner of the Bureau of Labor and Industries, by order, shall establish a fee to be paid by the public agency that awards a public works contract subject to ORS 279C.800 to 279C.870. The commissioner shall use the fee to pay the costs of: Surveys to determine the prevailing rates of wage; Administering and providing investigations under and enfor…
279C.827 Division of public works project; applicability of prevailing wage rate to divided projects
A person or public agency may not divide a public works project into more than one contract for the purpose of avoiding compliance with ORS 279C.800 to 279C.870. If the Commissioner of the Bureau of Labor and Industries determines that a person or public agency has divided a public works project into more than one contract for the purpose of avoiding compli…
279C.829 Agreement with other state to pay less than prevailing rate of wage
Notwithstanding any other provision of law, a contracting agency may not enter into an agreement with another state or a political subdivision or agency of another state in which the contracting agency agrees that a contractor or subcontractor may pay less than the prevailing rate of wage determined in accordance with ORS 279C.815 under the terms of a contra…
279C.830 Provisions concerning prevailing rate of wage in specifications, contracts and subcontracts; applicability of prevailing wage; bond
Except as provided in paragraph (e) of this subsection, the specifications for every contract for public works must state the existing state prevailing rate of wage and, if applicable, the federal prevailing rate of wage required under the Davis-Bacon Act (40 U.S.C. 3141 et seq.) that must be paid to workers in each trade or occupation that the contractor or…
279C.835 Notifying commissioner of public works contract subject to prevailing wage; payment of fee
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 subject to the provisions of ORS 279C.800 to 279C.870 has been awarded. The notification shall be made within 30 days of the date that the contract is awarded. The notification shall include payment of …
279C.836 Public works bond; rules
Except as provided in subsection (4), (7), (8) or (9) of this section, before starting work on a contract or subcontract for a public works project, a contractor or subcontractor shall file with the Construction Contractors Board a public works bond with a corporate surety authorized to do business in this state in the amount of $30,000. The bond must provid…
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.): If the state prevailing rate of wage is higher than the federal prevailing rate of wage, the contractor and every subcontractor on the project shall pay at least the state prevailing rate of wage as determined under ORS 279C.815; The Commissioner of the Bureau of Labor …
279C.840 Payment of prevailing rate of wage; posting of rates and fringe benefit plan provisions
The hourly rate of wage that a contractor or subcontractor must pay to workers upon all public works may not be less than the prevailing rate of wage for an hour’s work in the same trade or occupation in the locality where the labor is performed. A contractor or subcontractor may discharge the obligation to pay the prevailing rate of wage by making the payme…
279C.845 Certified statements regarding payment of prevailing rates of wage; retainage
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 a form prescribed by the Commissioner of the Bureau of Labor and Industries, certifying: The hourly rate of wage paid each worker whom the contractor or the subcontractor has employed upon the …
279C.850 Inspection to determine whether prevailing rate of wage being paid; civil action for failure to pay prevailing rate of wage or overtime
At any reasonable time the Commissioner of the Bureau of Labor and Industries may enter the office or business establishment of any contractor or subcontractor performing public works and gather facts and information necessary to determine whether the prevailing rate of wage is actually being paid by such contractor or subcontractor to workers upon public wo…
279C.855 Liability for violations
A 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 amount of the workers’ unpaid minimum wages, including all fringe benefits, and in an additional amount equal to the unpaid wages as liquidated damages. Actions to enforce liability to workers under su…
279C.860 Ineligibility for public works contracts for failure to pay or post notice of prevailing rates of wage; certified payroll reports to commissioner
A contractor or a subcontractor or a firm, corporation, partnership, limited liability company or association in which the contractor or subcontractor has a financial interest may not receive a contract or subcontract for public works for a period of three years after the date on which the Commissioner of the Bureau of Labor and Industries publishes the cont…
279C.865 Civil penalties
In addition to any other penalty provided by law, the Commissioner of the Bureau of Labor and Industries may assess a civil penalty not to exceed $5,000 for each violation of any provision of ORS 279C.800 to 279C.870 or any rule the commissioner adopted under ORS 279C.800 to 279C.870. For purposes of this section, a failure to pay the required prevailing ra…
279C.870 Civil action to enforce payment of prevailing rates of wage
The Commissioner of the Bureau of Labor and Industries or any other person may bring a civil action in any court of competent jurisdiction to require a public agency under a public contract with a contractor to withhold twice the wages in dispute if it is shown that the contractor or subcontractor on the contract has intentionally failed or refused to pay th…
279C.875 Criminal liability for intentional failure to pay prevailing wage; rules
A contractor or subcontractor, or an agent of a contractor or subcontractor, may not intentionally: Fail to pay an employee of the contractor or subcontractor the prevailing rate of wage as provided in ORS 279C.840; Reduce the rate of wage that an employee would ordinarily receive for work that is not subject to ORS 279C.800 to 279C.870 in order to recoup …