Title 26, Public Facilities, Contracting and insurance

ORS 279A.010 (1) contains general definitions applicable throughout this chapter. [2003 c.794 §88]

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; 2005 c.103 §9] ARCHITECTURAL, ENGINEERING, PHOTOGRAMMETRIC MAPPING, TRANSPORTATION PLANNING, LAND SURVEYING AND RELATED SERVICES

As used in ORS 279C.100 to 279C.125: (1) “Architect” has the meaning given that term in ORS 671.010. (2) “Architectural, engineering, photogrammetric mapping, transportation planning or land surveying services” means professional services that are required to be performed by an a…

(1) 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 in…

(1) 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: (a) The contr…

(1) 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 agenc…

(1) As used in this section, “consultant” means an architect, engineer, photogrammetrist, transportation planner or land surveyor. (2) A contracting agency may enter into a contract for architectural, engineering, photogrammetric mapping, transportation planning or land surveying…

(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 the basis of the qualifications of the consultants for the types of related services required, under the requi…

(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 for contracts with architects, engineers, photogrammetrists, transportation planners and land…

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. [2003 c…

(1) As used in this section: (a) “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 …

(1) 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. (2)(a) Not less than 30 days before adopting a budget for the subsequent budget period or before starting to co…

(1)(a) 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 impro…

(1) 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…

(1) As used in this section: (a) “Apprentice” has the meaning given that term in ORS 660.010. (b) “Apprenticeable occupation” has the meaning given that term in ORS 660.010. (c) “Community benefit project” means a public improvement project that is subject to the terms and condit…

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 …

(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 adjustment arising out of unreasonable delay in performing the contract, if the delay is caused by acts or omissions of the contract…

(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 contract that is not defined as a public improvement under ORS 279A.010, in accordance with the provi…

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…

(1) 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: (a) Operational, budget and financial data; (b) Public benefits; (c) Value engineering; (d) Specialized ex…

As used in this section and ORS 279A.065, 279C.307, 279C.335, 279C.337 and 279C.380: (1) “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. (2) “Construction manage…

(1) A contracting agency may award a public improvement contract only in response to competitive bids, except for: (a) A public improvement contract with a qualified nonprofit agency that provides employment opportunities for individuals with disabilities under ORS 279.835 to 279…

(1) 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). (2) A contracting agency shall, …

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, resp…

(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 particular manufacturer or seller unless the product is exempt under subsection (2) of this section. (2) The Director of the O…

(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 cases under ORS chapter 183. However, an exemption granted with regard to a specific public improvement contra…

(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 contracting agency did not use the competitive bidding process, the contracting agency shall prepare and deliver to the Dire…

(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 the contract is to be performed and in as many additional issues and publications as the contracting agency may determine. The …

(1) A contracting agency that prepares solicitation documents for a public improvement contract shall, at a minimum, include in the solicitation documents: (a) A designation for or description of the public improvement project; (b) The office where the specifications for the proj…

(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 contract, a bidder shall submit to the contracting agency a disclosure of the first-tier subcontractors that: (A) Will be furnishing labor or…

(1) 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. (2) At least seven days before awarding a public improvement contr…

(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 following bonds: (a) A performance bond in an amount equal to the full contract price conditioned on the faithful perform…

(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; and (b) Delivers a good and sufficient performance bond, a good and sufficient payment bond and any required proof of insu…

(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 procurement authority under ORS 279A.050, a local contract review board or, for contracts described in ORS 279A.050 (…

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 ar…

(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 award multiple public improvement contracts when specified in the request for proposals, by requesting and evaluating compe…

(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 useful in the preparation or distribution of a request for proposals. (2) In addition to the general requirement…

(1) Notwithstanding the public records law, ORS 192.311 to 192.478: (a) Proposals may be opened so as to avoid disclosure of contents to competing proposers during, when applicable, the process of negotiation. (b) Proposals are not required to be open for public inspection until …

(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 quotes established by rules adopted under ORS 279A.065. A contract awarded under this section may be …

(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 from prospective contractors. The contracting agency shall keep a written record of the sources and amounts …

(1) 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,…

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 anot…

(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 this section after providing the person with notice and a reasonable opportunity to be heard. (b) In lieu of the disq…

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: (1) A state contracting ag…

(1) 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. (2) Promptly upon rec…

(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 interests common to construction contractor members may commence an action in the circuit court for the county where the p…

(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 renovation of a building or structure may bring an action for damages against …

(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 or regulatory competitive bidding or other procurement requirements, and the contractor entered into the contract without i…

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. [2003 c.794 §137]

(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 contractor labor or material for the performance of the work provided for in the contract. (b) Pay all contributions or am…