Or. Rev. Stat. § 279A.005
Short title
ORS chapters 279A, 279B and 279C may be cited as the Public Contracting Code.
Oregon Revised Statutes Chapter 279A — Public Contracting - General Provisions
Oregon · statute · Or. Rev. Stat. ch. 279A · 53 active provisions
Provisions
Or. Rev. Stat. § 279A.010
Definitions for Public Contracting Code
(1) As used in the Public Contracting Code, unless the context or a specifically applicable definition requires otherwise: (a) “Bidder” means a person that submits a bid in response to an invitation to bid. (b) “Contracting agency” means a public body authorized by law to conduct a procurement. “Contracting agency” inc…
Or. Rev. Stat. § 279A.015
Policy
It is the policy of the State of Oregon, in enacting the Public Contracting Code, that a sound and responsive public contracting system should: (1) Simplify, clarify and modernize procurement practices so that they reflect the marketplace and industry standards. (2) Instill public confidence through ethical and fair de…
Or. Rev. Stat. § 279A.020
Organization of Public Contracting Code
(1) Except as otherwise provided in the Public Contracting Code, all public contracting by a contracting agency is subject to this chapter. (2) Except as provided in ORS 279C.320, public contracting involving public improvements and other construction services is subject to this chapter and ORS chapter 279C, but not OR…
Or. Rev. Stat. § 279A.025
Application of Public Contracting Code
(1) Except as provided in subsections (2) to (4) of this section, the Public Contracting Code applies to all public contracting. (2) The Public Contracting Code does not apply to: (a) Contracts between a contracting agency and: (A) Another contracting agency; (B) The Oregon Health and Science University; (C) A public u…
Or. Rev. Stat. § 279A.030
Federal law prevails in case of conflict
Except as otherwise expressly provided in ORS 279C.800 to 279C.870, and notwithstanding ORS 279C.005 to 279C.670 and this chapter and ORS chapter 279B, applicable federal statutes and regulations govern when federal funds are involved and the federal statutes or regulations conflict with any provision of ORS 279C.005 t…
Or. Rev. Stat. § 279A.050
Procurement authority
(1)(a) Except as otherwise provided in the Public Contracting Code, a contracting agency shall exercise all of the contracting agency’s procurement authority in accordance with the provisions of the Public Contracting Code. (b) If a contracting agency has authority under this section to carry out functions described in…
Or. Rev. Stat. § 279A.055
Personal services contracts
(1) Except as provided in ORS 279A.140, a contracting agency may enter into personal services contracts. The provisions of this section do not relieve a contracting agency of the duty to comply with ORS 279A.140, any other law applicable to state agencies or applicable city or county charter provisions. (2) A state con…
Or. Rev. Stat. § 279A.060
Local contract review boards
If the governing body of a local contracting agency takes no action to provide otherwise, the governing body is the local contract review board of that local contracting agency. However, the governing body of a local contracting agency may, by charter, ordinance or other local legislation, authorize a body, board or co…
Or. Rev. Stat. § 279A.065
Model rules generally; applicability to contracting agencies
(1) The Attorney General shall prepare and maintain model rules that specify procedures for public contracting under the Public Contracting Code and that are appropriate for all contracting agencies to use. The Attorney General may devise and publish forms for use with the model rules. The Attorney General shall adopt…
Or. Rev. Stat. § 279A.070
Rules
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, disposing of and controlling goods, services, p…
Or. Rev. Stat. § 279A.075
Delegation
(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 adopted under the code govern a person’s o…
Or. Rev. Stat. § 279A.100
Affirmative action; limited competition permitted
(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 give a preference in awarding public con…
Or. Rev. Stat. § 279A.105
Subcontracting to emerging small businesses or veteran-owned businesses
(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 contracting agency may require a contractor to s…
Or. Rev. Stat. § 279A.107
Certification as disadvantaged business enterprise, minority-owned business, woman-owned business, veteran-owned business or emerging small business during term of public contract; exceptions
(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 goal, policy or program under ORS 279A.100…
Or. Rev. Stat. § 279A.110
Discrimination in subcontracting prohibited; remedies
(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 business or an emerging small business th…
Or. Rev. Stat. § 279A.112
Requirement to certify that contractor has policy and practice of preventing sexual harassment, sexual assault and discrimination against employees who are members of protected class; required elements of certification; exceptions
(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 because of the individual’s identification…
Or. Rev. Stat. § 279A.120
Preference for Oregon goods and services; nonresident bidders
(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 business address in this state and has s…
Or. Rev. Stat. § 279A.125
Preference for recycled materials
(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 public use shall give preference to the…
Or. Rev. Stat. § 279A.128
Preferences for goods and services supplied within this state; preferences for certain entities
(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 proposer or provider of a quotation, a contr…
Or. Rev. Stat. § 279A.130
Preference for exceeding Buy America requirements for transit projects; rules
(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 government for a transit project may give pr…
Or. Rev. Stat. § 279A.140
State procurement of goods and services; rules
(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 related services, for state agencies unless…
Or. Rev. Stat. § 279A.142
Limitation of competition
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 the Emerging Small Business Account estab…
Or. Rev. Stat. § 279A.145
Recycled product purchasing information
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.
Or. Rev. Stat. § 279A.150
Procurement of goods containing recycled polyethylene material
(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 suppliers able to provide necessary goods c…
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