Title 26, Public Facilities, Contracting and insurance

In addition to rules adopted under ORS 279A.065 (6), a contracting agency may, in exercising authority granted under ORS 279A.050, adopt rules necessary to carry out the provisions of the Public Contracting Code, including but not limited to rules for procuring, managing, disposi…

(1) Unless otherwise provided in the Public Contracting Code, a person or agency that has an authority under the code may delegate and subdelegate the exercise of the authority in whole or in part. Notwithstanding delegations of authority under this section, the code and rules ad…

(1) As used in this section: (a) “Affirmative action” means a program designed to ensure equal opportunity in employment and business for persons otherwise disadvantaged by reason of race, color, religion, sex, national origin, age or physical or mental disability or a policy to …

(1) A contracting agency may require a contractor to subcontract some part of a contract to, or to obtain materials for use in performing the contract from, a business that is certified under ORS 200.055 as an emerging small business or as a veteran-owned business. (2) A contract…

(1) A contracting agency that under ORS 279A.105 awards a public contract to a responsible bidder, as defined in ORS 200.005, that has made good faith efforts, as described in ORS 200.045 (3), or that awards a public contract in the course of carrying out an affirmative action go…

(1) A bidder or proposer that competes for or is awarded a public contract may not discriminate against a subcontractor in awarding a subcontract because the subcontractor is a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a veteran-owned b…

(1) As used in this section: (a) “Discrimination” means conduct that has the purpose or effect of creating employment conditions for an individual that are intimidating, hostile or offensive or that evince animosity, resentment, anger, prejudice or ill will in others primarily be…

(1) As used in this section: (a) “Nonresident bidder” means a bidder who is not a resident bidder. (b) “Resident bidder” means a bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid, has a …

(1) Notwithstanding provisions of law requiring a contracting agency to award a contract to the lowest responsible bidder or best proposer or provider of a quotation and subject to subsection (2) of this section, a contracting agency charged with the procurement of goods for any …

(1) As used in this section, “services” means services as defined in ORS 279A.010 (1)(kk) and personal services designated under ORS 279A.055. (2)(a) Notwithstanding provisions of law requiring a contracting agency to award a contract to the lowest responsible bidder or best prop…

(1) Notwithstanding provisions of law that require a contracting agency to award a contract to the lowest responsible bidder or best proposer or provider of a quotation, a contracting agency that receives and uses funds from the federal government or an agency of the federal gove…

(1) The Oregon Department of Administrative Services shall conduct all procurements and administer the contracting for goods, services and personal services, including architectural, engineering, photogrammetric mapping, transportation planning or land surveying services and rela…

A contracting agency may, by appropriate ordinance, resolution, rule or other appropriate legislative action, limit competition for a public contract to emerging small businesses certified under ORS 200.055 if the contract price is estimated at $250,000 or less and is funded by t…

The Oregon Department of Administrative Services shall include recycled product purchasing information within publications and training programs provided to local governments requesting state government purchasing assistance. [2003 c.794 §19]

(1) The Oregon Department of Administrative Services shall provide guidelines to state agencies and contractors on the availability of necessary goods that contain recycled PETE, as well as other recycled plastic resin supplies and materials. (2) The department shall identify sup…

(1) The Oregon Department of Administrative Services, in consultation with the Department of Environmental Quality, shall study and assess state procurement practices as they relate to recycled products, recycled PETE and recycled materials as those terms are defined in ORS 279A.…

No less than 35 percent of state agency procurements of paper products may be from recycled paper products. [2003 c.794 §21]

(1) As used in this section: (a)(A) “Contract form” means a document with terms and conditions that the Attorney General and the Oregon Department of Administrative Services develop, approve and make available for state contracting agencies to use without alteration, except as pr…

(1) A person that conducts a procurement or administers a public contract for a state contracting agency shall complete a course of education and training or have professional experience that, at a minimum and in accordance with standards established under subsection (2) of this …

(1) Before a state contracting agency executes a public contract with a contract price that exceeds $150,000, the director or other head of the state contracting agency shall review, and shall verify that the person that will administer the public contract for the state contracti…

(1) The Oregon Department of Administrative Services, before the beginning of each odd-numbered year regular legislative session, shall provide to an appropriate committee of the Legislative Assembly that considers questions related to public contracting a report that contains in…

(1) The Oregon Department of Administrative Services shall establish a program to certify that a person that intends to submit a bid or proposal for a public contract understands the prohibition set forth in ORS 652.220 and in other laws or rules that prohibit discrimination in c…

Notwithstanding any other provision of the Public Contracting Code, a procurement may be made without competitive sealed bidding, competitive sealed proposals or other competition required under ORS 279B.050 to 279B.085 provided that: (1) The procurement is made in accordance wit…

(1) Notwithstanding the competitive procurement requirements of ORS chapters 279B and 279C, a local contracting agency may sell, transfer or dispose of personal property in accordance with rules adopted under ORS 279A.070. (2) Notwithstanding the competitive procurement requireme…

(1) As used in this section: (a) “Fire protection equipment” has the meaning given that term in ORS 476.005. (b) “Public contract” includes a sale at no cost. (c) “Regularly organized fire department” has the meaning given that term in ORS 652.050. (2) Notwithstanding any other p…

(1) As used in ORS 279A.200 to 279A.225: (a) “Administering contracting agency” means a governmental body in this state or in another jurisdiction that solicits and establishes the original contract for the procurement of goods, services or public improvements in a cooperative pr…

(1) A contracting agency may participate in, sponsor, conduct or administer a joint cooperative procurement for the procurement of any goods, services or public improvements. (2) A contracting agency may participate in, sponsor, conduct or administer a permissive or interstate co…

(1) A joint cooperative procurement is valid only if: (a) The administering contracting agency’s solicitation and award process for the original contract is an open and impartial competitive process and uses source selection methods substantially equivalent to those specified in …

(1) A contracting agency may establish a contract or price agreement through a permissive cooperative procurement only if: (a) The administering contracting agency’s solicitation and award process for the original contract is an open and impartial competitive process and uses sou…

(1) A contracting agency may establish a contract or price agreement through an interstate cooperative procurement only if: (a) The administering contracting agency’s solicitation and award process for the original contract is an open and impartial competitive process and uses so…

(1) A protest regarding the procurement process, the contents of solicitation documents or the award or proposed award of an original contract may be directed only to the administering contracting agency. The protest must be in accordance with the provisions of ORS 279B.400 to 27…

As used in ORS 279A.250 to 279A.290, unless the context requires otherwise: (1) “Donee” means an entity eligible to acquire federal donation property based upon federal regulations or eligible to acquire surplus property in accordance with rules adopted by the Oregon Department o…

The Oregon Department of Administrative Services may: (1) Provide for the periodic inspection and appraisal of state property; (2) Provide for the maintenance of current and perpetual inventories of state property; and (3) Require any state agency to make reports of the property …

(1) Subject to the power of the Governor to terminate the functions listed in this section, the Oregon Department of Administrative Services may: (a) Accept surplus property; (b) Distribute surplus property to donees; (c) Provide suitable facilities for the storage and distributi…

(1) In addition to the other purposes for which the Oregon Department of Administrative Services Operating Fund established under ORS 283.076 may be used, the fund hereby is appropriated continuously for and may be used for the purposes of this section and ORS 279A.260. All claim…

The Oregon Department of Administrative Services may enter into contracts with any federal government unit for the purpose of accepting gifts and for the acquisition of surplus property upon such terms and conditions as may be agreed upon, without regard to the provisions of law …

The Oregon Department of Administrative Services may lease any state property not needed for public use, provided the law does not prohibit the leasing and the authority to lease is not vested in any other state agency. [2003 c.794 §41]

(1)(a) Without requiring competitive bidding: (A) The Oregon Department of Administrative Services may sell or transfer surplus property to or transfer surplus property between donees. Donees may be given preference to acquire surplus property. Property acquired shall be used for…

All moneys received from insurers and other sources as payment for the cost and expense of repair and replacement of property of state agencies that has been damaged, destroyed, lost or stolen, except the particular moneys as may not under federal law or regulations be deposited …

(1) The State Treasurer may establish a miscellaneous receipts account for any state agency and shall credit to the account any amounts paid into the State Treasury under ORS 190.240 (1), 279A.280, 279A.285, 283.110 or 357.885 for the state agency for which the account was establ…

In addition to making a determination concerning a bidder’s or proposer’s responsibility under ORS 279B.110 or 279C.375, a contracting agency as part of the contracting agency’s evaluation of a bid or proposal may consider at any time before executing a public contract with the b…

(1) A public body that is carrying out a qualified project shall require each contractor in a contract with an estimated cost of $200,000 or greater to: (a) Enter into a project labor agreement that, at a minimum, provides for payment of wages at or above the prevailing rate of w…

(1) The provisions of ORS 291.990 apply to ORS 279A.140, 279A.280 and 279B.270. Any violation of ORS 279A.140, 279A.280 or 279B.270 shall be punished as described in ORS 291.990. (2) Any contractor, subcontractor, agent or person in authority or in charge who violates any provisi…

(1) As used in this chapter, unless the context or a specifically applicable definition requires otherwise: (a) “Invitation to bid” means all documents, whether attached or incorporated by reference, used for soliciting bids. (b) “Procurement description” means the words used in …

In addition to the policy stated in ORS 279A.015, it is the policy of the State of Oregon that public contracting activities should: (1) Provide effective outcomes that represent optimal value to the contracting agency and, to the greatest extent feasible, be consistent with mark…

Except as provided in ORS 279C.320, public contracting under this chapter is subject to ORS chapter 279A, but not ORS chapter 279C. [2003 c.794 §48a; 2005 c.103 §8]

(1) When labor is employed by a contracting agency 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, …

All contracting agencies shall establish procurement practices that ensure, to the maximum extent economically feasible, the procurement of goods that may be recycled or reused when discarded. [2003 c.794 §49]

(1) Except as provided in ORS 279B.036, before conducting a procurement for services with an estimated contract price that exceeds $250,000, a contracting agency shall: (a) Demonstrate, by means of a written cost analysis in accordance with ORS 279B.033, that the contracting agen…

(1) In the cost analysis required under ORS 279B.030, a contracting agency shall: (a) Estimate the contracting agency’s cost of performing the services, including: (A) Salary or wage and benefit costs for contracting agency employees who are directly involved in performing the se…