Oregon Law
Law as of Jan 1, 2024
Chapter contents
279C.005Definitions 279C.010Applicability 279C.100Definitions for ORS 279C.100 to 279C.125 279C.105Contracts for architectural, engineering, photogrammetric mapping, transportation planning or land surveying and related services; procedures 279C.107Public disclosure of contents of proposals for architectural, engineering, photogrammetric mapping, transportation planning or land surveying services; treatment of trade secrets and confidential information 279C.110Selection procedures for consultants to provide services; use of pricing proposals; compensation; protests; applicability; rules 279C.115Direct contracts for services of consultants 279C.120Selection procedure for related services 279C.125Architectural, engineering, photogrammetric mapping, transportation planning and land surveying services selection process for local public improvements procured through state agency; rules 279C.300Policy on competition 279C.303Production in United States of materials for public improvements and public works; waiver and review of waiver; technical assistance and grant program; rules 279C.305Least-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 279C.306Administrative enforcement of least-cost policy for public improvements; procedure; civil action 279C.307Limitations in procurement of personal services; exceptions; procedure for obtaining exception from appropriate authority; basis for approving exception 279C.308Community benefit contract; permitted provisions; required contents of solicitation; powers and duties of contracting agency and local contract review board; rules 279C.310Limitation on contracting agency constructing public improvement 279C.315Waiver of damages for unreasonable delay by contracting agency against public policy 279C.320Contracts for construction other than public improvements 279C.325Limitation on contracting agency awarding contract to nonresident education service district 279C.330“Findings” defined 279C.332Definitions for ORS 279A.065, 279C.307, 279C.335, 279C.337 and 279C.380 279C.335Competitive bidding requirement; exceptions; exemptions 279C.337Procurement of constructions manager/general contractor services 279C.340Contract negotiations 279C.345Specifications for contracts; exemptions 279C.350Exemption procedure; appeal 279C.355Evaluation of public improvement projects not contracted by competitive bidding 279C.360Requirement for public improvement advertisements 279C.365Requirements for solicitation documents and bids and proposals 279C.370First-tier subcontractor disclosure 279C.375Award and execution of contract; determination of responsibility of bidder; bonds; impermissible exclusions 279C.380Performance bond; payment bond; waiver of bonds 279C.385Return or retention of bid security 279C.390Exemption of contracts from bid security and bonds 279C.395Rejection of bids 279C.400Competitive proposals; procedure 279C.405Requests for information, interest or qualifications; requirements for requests for proposals 279C.410Receipt of proposals; evaluation and award 279C.412Competitive quotes for intermediate procurements 279C.414Requirements for competitive quotes 279C.430Prequalification of bidders; rules 279C.435Effect of prequalification by Department of Transportation or Oregon Department of Administrative Services 279C.440Disqualification from consideration for award of contracts 279C.445Appeal of disqualification 279C.450Appeal procedure for decision to deny, revoke or revise prequalification; hearing; costs; judicial review 279C.460Action by or on behalf of adversely affected bidder or proposer; exception for personal services contract 279C.465Action against successful bidder; amount of damages; when action to be commenced; defenses 279C.470Compensation for contractor on contract declared void by court; exceptions; applicability 279C.500“Person” defined 279C.505Conditions concerning payment, contributions, liens, withholding, drug testing 279C.510Demolition contracts to require material salvage; lawn and landscape maintenance contracts to require composting or mulching 279C.515Conditions concerning payment of claims by public officers, payment to persons furnishing labor or materials and complaints 279C.520Condition concerning hours of labor; compliance with pay equity provisions; employee discussions of rate of pay or benefits 279C.525Provisions concerning environmental and natural resources laws; remedies 279C.527Inclusion of amount for green energy technology or woody biomass energy technology in public improvement contract; written determination of appropriateness; conditions, exemptions and limitations; rules 279C.528State Department of Energy requirements and specifications; record keeping requirements; rules 279C.530Condition concerning payment for medical care and providing workers’ compensation 279C.533Minimum 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 279C.534Advisory committee for monitoring implementation of apprenticeship condition in public improvement contracts 279C.535Condition concerning steel material; rules 279C.537Condition concerning use of diesel engines in motor vehicles used in performing certain public improvement contracts; rules 279C.540Maximum hours of labor on public contracts; holidays; exceptions; liability to workers; rules 279C.545Time limitation on claim for overtime; posting of circular by contractor 279C.550“Retainage” defined 279C.555Withholding of retainage 279C.560Form of retainage; procedures for holding and payment 279C.565Limitation on retainage requirements 279C.570Prompt payment policy; progress payments; retainage; interest; exception; settlement of compensation disputes 279C.580Contractor’s relations with subcontractors 279C.585Authority to substitute undisclosed first-tier subcontractor; circumstances; rules 279C.590Complaint process for substitutions of subcontractors; civil penalties 279C.600Right of action on payment bond or public works bond of contractor or subcontractor; notice of claim 279C.605Notice of claim 279C.610Action on contractor’s public works bond or payment bond; time limitation 279C.615Preference for labor and material liens 279C.620Rights of person providing medical care to employees of contractor 279C.625Joint liability when payment bond not executed 279C.650“Labor dispute” defined 279C.655Extension and compensation when work suspended 279C.660Compensation when contract terminated due to public interest 279C.665Contractual provisions for compensation when contract terminated due to public interest 279C.670Application of ORS 279C.650 to 279C.670 279C.800Definitions for ORS 279C.800 to 279C.870 279C.805Policy 279C.807Workforce diversity for public works projects 279C.808Rules 279C.810Exemptions; rules 279C.815Determination of prevailing wage; sources of information; comparison of state and federal prevailing wage; other powers of commissioner 279C.817Determination of applicability of prevailing wage rate; time limitation; hearing; rules 279C.820Advisory committee to assist commissioner 279C.825Fees; rules 279C.827Division of public works project; applicability of prevailing wage rate to divided projects 279C.829Agreement with other state to pay less than prevailing rate of wage 279C.830Provisions concerning prevailing rate of wage in specifications, contracts and subcontracts; applicability of prevailing wage; bond 279C.835Notifying commissioner of public works contract subject to prevailing wage; payment of fee 279C.836Public works bond; rules 279C.838Applicability of state and federal rates of wage; determination of site of project; determination of applicability of wage to transportation workers; waiver 279C.840Payment of prevailing rate of wage; posting of rates and fringe benefit plan provisions 279C.845Certified statements regarding payment of prevailing rates of wage; retainage 279C.850Inspection to determine whether prevailing rate of wage being paid; civil action for failure to pay prevailing rate of wage or overtime 279C.855Liability for violations 279C.860Ineligibility for public works contracts for failure to pay or post notice of prevailing rates of wage; certified payroll reports to commissioner 279C.865Civil penalties 279C.870Civil action to enforce payment of prevailing rates of wage 279C.875Criminal liability for intentional failure to pay prevailing wage; rules

Chapter 279C — Public Contracting - Public Improvements and Related Contracts

ORS 279C.855 Liability for violations

(1)

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.

(2)

Actions to enforce liability to workers under subsection (1) of this section may be brought as actions on contractors’ bonds as provided for in ORS 279C.610.

(3)

If a public agency fails to provide in the advertisement for bids, the request for bids, the contract specifications, the accepted bid or elsewhere in the contract documents that the contractor and any subcontractor must comply with ORS 279C.840, the liability of the public agency for unpaid minimum wages, as described in subsection (1) of this

section, is joint and several with a contractor or subcontractor that had notice of the requirement to comply with ORS 279C.840.

(4)

If a public works project is subject to the Davis-Bacon Act, 40 U.S.C. 3141 et seq., and a public agency fails to include the state and federal prevailing rates of wage in the specifications for the contract for public works as required under ORS 279C.830 (1)(a), or fails to provide in the contract that workers on the public works must be paid not less than the higher of the applicable state or federal prevailing rate of wage as required under ORS 279C.830 (1)(d), the public agency is liable to each affected worker for:

(a)

The worker’s unpaid minimum wages, including fringe benefits, in an amount that equals, for each hour worked, the difference between the applicable higher rate of wage and the lower rate of wage; and

(b)

An additional amount, equal to the amount of unpaid minimum wages due under paragraph (a) of this subsection, as liquidated damages.

(5)

The Commissioner of the Bureau of Labor and Industries may enforce the provisions of subsections (3) and (4) of this section by a civil action under ORS 279C.850 (4), by a civil action on an assigned wage claim under ORS 652.330, or by an administrative proceeding on an assigned wage claim under

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.