ORS § 276a.203 — OR Code / Title 26 / Chapter 276a / Section 276a.203
276A.203 State Chief Information Officer
Status: in_force

(1) The office of Enterprise Information Services is established in the Oregon Department of Administrative Services. The office shall be managed by the State Chief Information Officer. The office shall direct, coordinate and oversee state information technology and telecommunications in accordance with ORS 276A.206 (Oversight of state information and telecommunications technology by State Chief Information Officer) and other statutes, rules and policies that govern the state’s or state agencies’ budgeting, planning, acquiring, managing, overseeing and using telecommunications and information technology.

(2) The Governor shall appoint the State Chief Information Officer, who serves at the pleasure of the Governor. The State Chief Information Officer may adopt rules in accordance with ORS chapter 183 to exercise and carry out the duties, functions and powers committed to the State Chief Information Officer under ORS 276A.206 (Oversight of state information and telecommunications technology by State Chief Information Officer) and other statutes, rules or policies that commit functions to the State Chief Information Officer.

(3) The State Chief Information Officer must be a person who, by training and experience, is well qualified to:

(a) Perform the duties that the Governor specifies; and

(b) Carry out the functions specified in ORS 276A.206 (Oversight of state information and telecommunications technology by State Chief Information Officer) and in other statutes, rules or policies that commit functions to the State Chief Information Officer.

(4) Intentionally left blank —Ed.

(a) The State Chief Information Officer shall:

(A) Serve as the Governor’s chief advisor concerning information resources, information technology, information systems, geographic information systems, information systems security and telecommunications.

(B) Implement and maintain an information technology governance program for the executive department.

(C) Adopt rules, policies and standards for budgeting, planning, acquiring, installing, operating and overseeing telecommunications and information technology for the executive department.

(D) Review and make recommendations to the Governor and the Legislative Assembly concerning state agency information technology budget requests.

(E) Adopt plans, rules, policies and standards for the executive department concerning geographic information systems and geographic data.

(F) Adopt state information systems security plans, rules, policies and standards for the executive department.

(G) Assess state agencies each biennium to evaluate compliance with the State Chief Information Officer’s rules, policies and standards and provide results of the assessments to the Governor and to the Joint Legislative Committee on Information Management and Technology.

(H) Develop and promote training programs in information technology, information systems security, geographic information systems, enterprise architecture and project and portfolio management.

(I) Enhance sharing and coordination among federal, tribal, regional, state government and local government entities in this state with respect to geographic information systems and geographic data.

(J) Oversee information technology and telecommunications procurements as provided in ORS 279A.050 (Procurement authority) (7).

(K) Conduct a market analysis each biennium to determine whether the state data center is the most effective and efficient method for providing information technology and information resources to state agencies and other users. In conducting the market analysis, the State Chief Information Officer shall consider best practices and trends among federal, state and local government entities and the extent to which new or emerging technologies affect how the state provides information technology and information resources. The State Chief Information Officer shall provide the results of the analysis to the Governor and to the Joint Legislative Committee on Information Management and Technology and may recommend changes in the information technology and information resources that the state data center provides or in methods that the state data center uses to provide information technology and information resources.

(L) Identify information technology services that the State Chief Information Officer recommends for design, delivery and management as enterprise or shared information technology services and, each biennium, report to the Governor and the Joint Legislative Committee on Information Management and Technology concerning the status of new enterprise or shared information technology services.

(M) Adopt or update each biennium an Enterprise Information Resources Management Strategy for the state. In addition to the functions described in ORS 276A.236 (Enterprise information resources management) , the Enterprise Information Resources Management Strategy must provide for integrating statewide technology initiatives, ensuring compliance with information technology rules, policies and standards, promoting coordination, consolidation and alignment of information resources and technologies and effectively managing the state’s and state agencies’ information technology portfolios. In developing the Enterprise Information Resources Management Strategy, the State Chief Information Officer shall consult with and consider advice and suggestions from the department, state agencies and local governments, from private sector information technology experts, from the Legislative Fiscal Officer, from the Joint Legislative Committee on Information Management and Technology or from individual members of the Legislative Assembly that the President of the Senate and the Speaker of the House of Representatives appoint for the purpose of consulting with the State Chief Information Officer under this subsection.

(N) Identify and recommend to the Governor, within the State Chief Information Officer’s biennial budget request, resources that are necessary to implement the Enterprise Information Resources Management Strategy.

(O) Develop standards, protocols and procedures for executive department agencies to use in searching for and identifying requested public records that are retained in electronic form and to use in fulfilling public records requests that seek records in electronic form.

(b) As used in this subsection:

(A) “Executive department” has the meaning given that term in ORS 174.112 (“Executive department” defined) , except that “executive department” does not include the Secretary of State in performing the duties of the constitutional office of Secretary of State or the State Treasurer in performing the duties of the constitutional office of State Treasurer.

(B) “Geographic data” means digital data that consist of geographic or projected map coordinate values, identification codes and associated descriptive data to locate and describe boundaries or features on, above or below the surface of the earth, demographic data or related data.

(C) “Geographic information system” means hardware, software, and data for capturing, managing, analyzing and displaying geographic data.

(D) “Information system” means computers, hardware, software, storage media, networks, operational procedures and processes used in collecting, processing, storing, sharing or distributing information within, or with any access beyond ordinary public access to, the state’s shared computing and network infrastructure.

(E) “State government” has the meaning given that term in ORS 174.111 (“State government” defined) .

(5) The State Chief Information Officer may:

(a) Organize and reorganize the office of Enterprise Information Services in the manner the State Chief Information Officer considers necessary to conduct the work of the office of Enterprise Information Services properly.

(b) Divide the office of Enterprise Information Services into administrative programs, units or sections and appoint an individual to administer each program, unit or section that the State Chief Information Officer establishes under this subsection. The individual the State Chief Information Officer appoints serves at the pleasure of the State Chief Information Officer and must be well qualified by technical training and experience in the functions the individual will perform. The State Chief Information Officer’s actions under this paragraph are subject to ORS chapter 240.

(c) Appoint subordinate officers and employees of the office of Enterprise Information Services, prescribe the officers’ and employees’ duties and fix compensation for the officers and employees. The State Chief Information Officer’s actions under this paragraph are subject to ORS chapter 240.

(d) Delegate to an employee of the office of Enterprise Information Services or to another individual any duty, function or power that the State Chief Information Officer may exercise or perform under ORS 276A.206 (Oversight of state information and telecommunications technology by State Chief Information Officer) or under other statutes, rules or policies that commit functions to the State Chief Information Officer. For the purpose of performing an official act in the State Chief Information Officer’s name, the State Chief Information Officer may delegate a duty, function or power by means of an interagency agreement, an intergovernmental agreement in accordance with ORS chapter 190 or a contract. An official act that an individual performs in the name of the State Chief Information Officer under a delegation from the State Chief Information Officer under this paragraph is an official act of the State Chief Information Officer. [Formerly 291.039; 2021 c.17 §1]

Source: Section 276A.203 — State Chief Information Officer; qualifications; duties; Enterprise Information Resources Management Strategy; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276A.­html (accessed May 26, 2025).
ORS § 276.592 — OR Code / Title 26 / Chapter 276 / Section 276.592
276.592 Taxation of facilities used by private individuals
Status: in_force

Any portion of the facilities used during the tax year for parking on a rental or fee basis to private individuals shall be subject to ad valorem taxation computed by determining that percentage that private use bears to the total use of the facilities. [Formerly 276.564; 1981 c.591 §5]

Source: Section 276.592 — Taxation of facilities used by private individuals , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 280.090 — OR Code / Title 26 / Chapter 280 / Section 280.090
280.090 Submission of several proposals to impose local option taxes
Status: in_force

If more than one proposal to impose local option taxes is submitted to the electors at the same election, the several ballot measures shall be voted upon separately. However, not more than four separate ballot measures proposing local option taxes may be submitted to the electors under the provisions of ORS 280.040 (Definitions for ORS 280.040 to 280.145) to 280.145 (Serial levy under former law) within a single calendar year. [Amended by 1979 c.241 §25; 1981 c.804 §80; 1999 c.21 §7]

Source: Section 280.090 — Submission of several proposals to impose local option taxes , https://www.­oregonlegislature.­gov/bills_laws/ors/ors280.­html (accessed May 26, 2025).
ORS § 279a.190 — OR Code / Title 26 / Chapter 279a / Section 279a.190
279A.190 Transfers of fire protection equipment between fire departments
Status: in_force

(1) As used in this section:

(a) “Fire protection equipment” has the meaning given that term in ORS 476.005 (Definitions) .

(b) “Public contract” includes a sale at no cost.

(c) “Regularly organized fire department” has the meaning given that term in ORS 652.050 (Definitions for ORS 652.050 to 652.080) .

(2) Notwithstanding any other provision of the Public Contracting Code, transfers of fire protection equipment under public contracts between regularly organized fire departments may be made without competitive sealed bidding, competitive sealed proposals or other competition required in ORS 279B.050 (Methods of source selection) to 279B.085 (Special procurements) , provided:

(a) The recipient regularly organized fire department makes a written request for the fire protection equipment to the transferor regularly organized fire department;

(b) The fire protection equipment is surplus to or unusable by the transferor;

(c) The total fair market value of fire protection equipment received by the recipient does not exceed $50,000 per calendar year; and

(d) The transferor holds a public hearing, with hearing notice published in at least one trade newspaper of general statewide circulation a minimum of 14 days before the hearing, and finds that the public contract is in the public’s interest. [2003 c.794 §24]

Source: Section 279A.190 — Transfers of fire protection equipment between fire departments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279A.­html (accessed May 26, 2025).
ORS § 276a.560 — OR Code / Title 26 / Chapter 276a / Section 276a.560
276A.560 Oregon Cybersecurity Advisory Council
Status: in_force

(1) The Oregon Cybersecurity Advisory Council is established within the Oregon Cybersecurity Center of Excellence. The council consists of 21 members appointed as follows:

(a) The Governor, after consultation with the State Chief Information Officer and the director of the Oregon Cybersecurity Center of Excellence or the director’s designee, shall appoint 15 voting members.

(b) The Speaker of the House of Representatives shall appoint one nonvoting member who is a member of the House of Representatives.

(c) The President of the Senate shall appoint one nonvoting member who is a member of the Senate.

(d) The Secretary of State shall appoint one ex officio, nonvoting member to represent the Secretary of State.

(e) The State Treasurer shall appoint one ex officio, nonvoting member to represent the State Treasurer.

(f) The Attorney General shall appoint one ex officio, nonvoting member to represent the Attorney General.

(g) The Director of the Oregon Department of Emergency Management shall appoint one ex officio, nonvoting member to represent the Oregon Department of Emergency Management.

(2) Intentionally left blank —Ed.

(a) The voting members of the council shall consist of:

(A) One member who represents Indian tribes, as defined in ORS 97.740 (Definitions for ORS 97.740 to 97.760) ;

(B) One member who represents the Association of Oregon Counties;

(C) One member who represents the League of Oregon Cities;

(D) One member who represents the Special Districts Association of Oregon;

(E) One member who represents regional governments;

(F) One member who represents the Oregon Association of Education Service Districts;

(G) One member who represents the Oregon School Boards Association;

(H) One member who represents the Coalition of Oregon School Administrators;

(I) One member who represents public universities listed in ORS 352.002 (Public universities) ;

(J) One member who represents community colleges;

(K) One member who represents the office of Enterprise Information Services;

(L) One member who represents a critical infrastructure sector in Oregon as defined by the Cybersecurity and Infrastructure Security Agency of the United States Department of Homeland Security;

(M) One member who represents cyber-related industries in Oregon;

(N) One member who represents a public sector information technology association in Oregon; and

(O) One member who represents a private sector information technology or telecommunications association in Oregon.

(b) A majority of the council’s voting members must be geographically diverse representatives of public universities listed in ORS 352.002 (Public universities) , local governments, regional governments, special districts, education service districts, school districts or libraries.

(3) The council shall elect one voting member of the council to serve as chairperson and one voting member of the council to serve as vice chairperson.

(4) Intentionally left blank —Ed.

(a) A majority of the voting members of the council constitutes a quorum for the transaction of business.

(b) Official action by the council requires the approval of a majority of the voting members of the council.

(5) Intentionally left blank —Ed.

(a) The term of office of each voting member of the council is four years, but a member serves at the pleasure of the Governor.

(b) Before the expiration of the term of a voting member, the Governor, after consultation with the State Chief Information Officer and the director of Oregon Cybersecurity Center of Excellence or the director’s designee, shall appoint a successor whose term begins on July 1 following the appointment. A voting member is eligible for reappointment.

(c) If there is a vacancy for any cause, the Governor, after consultation with the State Chief Information Officer and the director of Oregon Cybersecurity Center of Excellence or the director’s designee, shall make an appointment to become immediately effective for the unexpired term.

(6) The nonvoting legislative members of the council shall serve two-year terms and are eligible for reappointment.

(7) The council shall meet at times and places specified by the call of the chairperson or a majority of the voting members of the council.

(8) Members of the council who are not members of the Legislative Assembly are not entitled to compensation, but the Oregon Cybersecurity Center of Excellence may reimburse a member of the council who is not a member of the Legislative Assembly for actual and necessary travel and other expenses incurred in performing the member’s official duties, in the manner and amounts provided for in ORS 292.495 (Compensation and expenses of members of state boards and commissions) , from funds appropriated to the Higher Education Coordinating Commission for purposes of the council.

(9) Members of the council who are members of the Legislative Assembly are entitled to compensation and expense reimbursement as provided in ORS 171.072 (Salary of members and presiding officers) .

(10) The council may:

(a) Adopt rules, policies and procedures necessary for the operation of the council.

(b) Establish subcommittees, advisory committees or other work groups necessary to assist the council in performing its duties.

(c) Appoint additional nonvoting members to the council.

(11) All agencies of state government, as defined in ORS 174.111 (“State government” defined) , are directed to assist the council in the performance of the council’s duties and, to the extent permitted by laws relating to confidentiality, shall furnish information and advice the council considers necessary to perform the council’s duties. [2023 c.489 §3 (enacted in lieu of 276A.326)]

Note: Section 4, chapter 489, Oregon Laws 2023, provides:

Sec. 4. Notwithstanding the term of office specified in section 3 of this 2023 Act [ 276A.560 (Oregon Cybersecurity Advisory Council) ], of the voting members appointed to the Oregon Cybersecurity Advisory Council under section 3 of this 2023 Act:

(1) One-third shall serve for a term ending July 1, 2025.

(2) One-third shall serve for a term ending July 1, 2026.

(3) The remaining voting members shall serve for a term ending July 1, 2027. [2023 c.489 §4]

Source: Section 276A.560 — Oregon Cybersecurity Advisory Council , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276A.­html (accessed May 26, 2025).
ORS § 276a.400 — OR Code / Title 26 / Chapter 276a / Section 276a.400
276A.400 Policy
Status: in_force

The Legislative Assembly declares it to be the policy of the State of Oregon:

(1) To use information technology in education, health care, economic development and government services to improve economic opportunities and quality of life for all Oregonians regardless of location or income.

(2) To stimulate demand to encourage and enable long-term infrastructure innovation and improvement.

(3) That telecommunications planning process shall:

(a) Organize users in new ways to aggregate demand, reduce costs and create support networks;

(b) Encourage collaboration between communities of interest by geographic area and economic sector; and

(c) Encourage competition among technology and service providers. [Formerly 283.500]

Source: Section 276A.400 — Policy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276A.­html (accessed May 26, 2025).
ORS § 280.055 — OR Code / Title 26 / Chapter 280 / Section 280.055
280.055 Obtaining and advancing of funds to county service districts
Status: in_force

Funds may be obtained by a county as prescribed by ORS 280.040 (Definitions for ORS 280.040 to 280.145) to 280.145 (Serial levy under former law) for the purpose of advancing funds to a district established under ORS 451.410 (Definitions for ORS 451.410 to 451.610) to 451.610 (Advisory committee for emergency communications system) to finance the cost of any service facility which the district is authorized to construct, maintain and operate. [1969 c.646 §17]

Source: Section 280.055 — Obtaining and advancing of funds to county service districts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors280.­html (accessed May 26, 2025).
ORS § 280.060 — OR Code / Title 26 / Chapter 280 / Section 280.060
280.060 Levy of local option taxes outside constitutional limitation
Status: in_force

(1) Upon approval of a majority of the electors of a subdivision in a manner that qualifies under section 11 (8), Article XI of the Oregon Constitution, a subdivision may levy local option taxes outside the limitation imposed by section 11 (3), Article XI, Oregon Constitution, over the period of time that is authorized by the electors. The amount levied each year shall be:

(a) Uniform, or substantially so, throughout the period during which the taxes are levied; or

(b) Computed annually at the same dollar rate per thousand dollars assessed value in the subdivision, such rate to be declared in and made a part of the ballot measure to be submitted to the electorate.

(2) Notwithstanding subsection (1) of this section, a subdivision may certify for extension on the assessment and tax roll under ORS 310.060 (Notice certifying taxes) a lesser amount of local option tax or a lesser rate of local option tax if the subdivision decides to collect less than the entire local option tax authorized by electors. The subdivision shall certify the lesser amount or rate in the written notice required to be made under ORS 310.060 (Notice certifying taxes) .

(3) Intentionally left blank —Ed.

(a) The period of time authorized by the electors shall not exceed five years or, if the local option tax is for capital projects, the lesser of:

(A) The expected useful life of the capital projects to be financed by the tax; or

(B) Ten years.

(b) A local option tax for capital projects does not exceed the expected useful life of the capital projects financed by the tax if the estimated weighted average life of the tax does not exceed the estimated dollar weighted average of the capital assets comprising the capital projects that are to be financed by the tax. The estimated dollar weighted average life of capital projects shall be calculated under rules of the Department of Revenue that ensure that a local option tax for capital projects is levied for no more than 10 years and no more than the useful life of the component of the capital projects financed by the tax that has the longest useful life.

(4) Intentionally left blank —Ed.

(a) All local option taxes authorized by ORS 280.040 (Definitions for ORS 280.040 to 280.145) to 280.145 (Serial levy under former law) that are for capital projects and that have a term of more than five years shall be submitted to electors separately from local option taxes with a term of five years or less.

(b) For purposes of this subsection, “capital project” means the acquisition of land upon which to construct an improvement, the acquisition of a building, the acquisition or construction of improvements, the acquisition of an addition to a building which increases the square footage of the building, the construction of a building, the construction of an addition to an existing building which increases the square footage of the building or the acquisition of and installation of machinery and equipment which will become an integral part of a building or an addition to a building, the purchase of furnishings, equipment or other tangible property with an expected useful life of more than one year or a combination of those items.

(5) If a ballot measure authorizing a local option tax states that the taxing district may issue bonds that are payable from that tax, voter approval of the tax shall constitute voter approval of the bonds, except that the approval shall not entitle the taxing district to collect a greater amount of tax than the taxing district would have been entitled to collect if the ballot measure only authorized local option taxes and did not authorize bonds. If the local option tax is approved by voters in a manner that qualifies under section 11 (8), Article XI of the Oregon Constitution, then the taxing body may issue the bonds in a principal amount that, together with the estimated interest to be paid on the bonds while the bonds are outstanding, does not exceed the revenues estimated to be received from the local option tax levy. A taxing district may pledge the revenues received from the local option tax and the taxing district’s full faith and credit to pay bonds authorized under this subsection. [Amended by 1953 c.134 §2; 1977 c.730 §1; 1979 c.241 §24; 1981 c.804 §79; 1989 c.658 §1; 1997 c.541 §303; 1999 c.21 §6; 1999 c.559 §4; 1999 c.1094 §2]

Source: Section 280.060 — Levy of local option taxes outside constitutional limitation; duration of levy; approval of levy as approval of bonds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors280.­html (accessed May 26, 2025).
ORS § 279b.080 — OR Code / Title 26 / Chapter 279b / Section 279b.080
279B.080 Emergency procurements
Status: in_force

(1) The head of a contracting agency, or a person designated under ORS 279A.075 (Delegation) , may make or authorize others to make emergency procurements of goods or services in an emergency. The contracting agency shall document the nature of the emergency and describe the method used for the selection of the particular contractor.

(2) For an emergency procurement of construction services that are not public improvements, the contracting agency shall ensure competition for a contract for the emergency work that is reasonable and appropriate under the emergency circumstances. In conducting the procurement, the contracting agency shall set a solicitation time period that the contracting agency determines to be reasonable under the emergency circumstances and may issue written or oral requests for offers or make direct appointments without competition in cases of extreme necessity. [2003 c.794 §56; 2007 c.764 §6a]

Note: Section 70, chapter 13, Oregon Laws 2023, provides:

Sec. 70. Expenditures of any appropriation made for the biennium beginning July 1, 2023, to the Housing and Community Services Department, constitute an emergency as defined in ORS 279A.010 (Definitions for Public Contracting Code) and may be made under procurement authority described in ORS 279B.080 (Emergency procurements) without documenting the nature of the emergency, if the appropriation is made to:

(1) Address homelessness in communities within the OR-505 Oregon Balance of State Continuum of Care; or

(2) Increase shelter capacity and connections to shelter, support rapid rehousing initiatives, provide capacity support for culturally responsive organizations and provide sanitation services for communities within the OR-505 Oregon Balance of State Continuum of Care. [2023 c.13 §70]

Source: Section 279B.080 — Emergency procurements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279B.­html (accessed May 26, 2025).
ORS § 279c.845 — OR Code / Title 26 / Chapter 279c / Section 279c.845
279C.845 Certified statements regarding payment of prevailing rates of wage
Status: in_force

(1) 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:

(a) The hourly rate of wage paid each worker whom the contractor or the subcontractor has employed upon the public works; and

(b) That no worker employed upon the public works has been paid less than the prevailing rate of wage or less than the minimum hourly rate of wage specified in the contract.

(2) The certified statement shall be verified by the oath of the contractor or the contractor’s surety or subcontractor or the subcontractor’s surety that the contractor or subcontractor has read the certified statement, that the contractor or subcontractor knows the contents of the certified statement and that to the contractor or subcontractor’s knowledge the certified statement is true.

(3) The certified statements shall set out accurately and completely the contractor’s or subcontractor’s payroll records, including the name and address of each worker, the worker’s correct classification, rate of pay, daily and weekly number of hours worked and the gross wages the worker earned upon the public works during each week identified in the certified statement.

(4) The contractor or subcontractor shall deliver or mail each certified statement required by subsection (1) of this section to the public agency. Certified statements for each week during which the contractor or subcontractor employs a worker upon the public works shall be submitted once a month, by the fifth business day of the following month. Information submitted on certified statements may be used only to ensure compliance with the provisions of ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage) .

(5) Each contractor or subcontractor shall preserve the certified statements for a period of three years from the date of completion of the contract.

(6) Certified statements received by a public agency are public records subject to the provisions of ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) .

(7) Notwithstanding ORS 279C.555 (Withholding of retainage) or 279C.570 (Prompt payment policy) (7), if a contractor is required to file certified statements under this section, the public agency shall retain 25 percent of any amount earned by the contractor on the public works until the contractor has filed with the public agency certified statements as required by this section. The public agency shall pay the contractor the amount retained under this subsection within 14 days after the contractor files the certified statements as required by this section, regardless of whether a subcontractor has failed to file certified statements as required by this section. The public agency is not required to verify the truth of the contents of certified statements filed by the contractor under this section.

(8) Notwithstanding ORS 279C.555 (Withholding of retainage) , the contractor shall retain 25 percent of any amount earned by a first-tier subcontractor on a public works until the subcontractor has filed with the public agency certified statements as required by this section. The contractor shall verify that the first-tier subcontractor has filed the certified statements before the contractor may pay the subcontractor any amount retained under this subsection. The contractor shall pay the first-tier subcontractor the amount retained under this subsection within 14 days after the subcontractor files the certified statements as required by this section. Neither the public agency nor the contractor is required to verify the truth of the contents of certified statements filed by a first-tier subcontractor under this section. [2003 c.794 §169; 2005 c.360 §11; 2009 c.7 §1]

Source: Section 279C.845 — Certified statements regarding payment of prevailing rates of wage; retainage , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 279c.825 — OR Code / Title 26 / Chapter 279c / Section 279c.825
279C.825 Fees
Status: in_force

(1) Intentionally left blank —Ed.

(a) 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 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage) . The commissioner shall use the fee to pay the costs of:

(A) Surveys to determine the prevailing rates of wage;

(B) Administering and providing investigations under and enforcement of ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage) ; and

(C) Providing educational programs on public contracting law under the Public Contracting Code.

(b) The commissioner shall establish the fee at 0.1 percent of the contract price. However, in no event may a fee be charged and collected that is less than $250 or more than $7,500.

(2) The commissioner shall pay moneys received under this section into the State Treasury. The moneys shall be credited to the Prevailing Wage Education and Enforcement Account created by ORS 651.185 (Prevailing Wage Education and Enforcement Account) .

(3) The public agency shall pay the fee at the time the public agency notifies the commissioner under ORS 279C.835 (Notifying commissioner of public works contract subject to prevailing wage) a contract subject to the provisions of ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage) has been awarded. [2003 c.794 §178; 2007 c.844 §7; 2009 c.161 §1; 2009 c.788 §1]

Source: Section 279C.825 — Fees; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 276a.223 — OR Code / Title 26 / Chapter 276a / Section 276a.223
276A.223 Requirement that state agency or public corporation obtain quality management services when implementing information technology initiative
Status: in_force

(1) As used in this section:

(a) Intentionally left blank —Ed.

(A) “Information technology initiative” means a project to develop or provide, with a state contracting agency’s or public corporation’s own personnel and resources, or to obtain by means of a procurement or set of related procurements:

(i) New hardware, software or services for data processing, office automation or telecommunications;

(ii) An overhaul, upgrade or replacement of a substantial portion of the hardware or software in an existing data processing, office automation or telecommunications system; or

(iii) A substantial expansion of existing data processing, office automation or telecommunications services.

(B) “Information technology initiative” does not include:

(i) A procurement for preliminary quality assurance services or quality management services;

(ii) A routine update to or purchase of hardware or software within an existing data processing, office automation or telecommunications system;

(iii) A renewal of an existing contract for data processing, office automation or telecommunications services under terms and conditions that are substantially the same as in the existing contract; or

(iv) A replacement of a component of an existing data processing, office automation or telecommunications system that is not essential for the system to function as designed or that occurs at the end of the component’s anticipated life cycle.

(b) “Preliminary quality assurance services” means a set of services in which a contractor provides an independent and objective review of a state contracting agency’s or a public corporation’s plans, specifications, estimates, documentation, available resources and overall purpose for an information technology initiative, including services in which the contractor evaluates a proposed information technology initiative against applicable quality standards and best practices from private industry and other sources.

(c) “Procurement” has the meaning given that term in ORS 279A.010 (Definitions for Public Contracting Code) .

(d) Intentionally left blank —Ed.

(A) “Public corporation” means a corporation:

(i) The operations of which are subject to control by this state or by an agency or instrumentality of this state, or by officers of this state or of an agency or instrumentality of this state;

(ii) That is organized, at least in part, to serve a public purpose; and

(iii) That receives public funds or other support from an entity described in sub-subparagraph (i) of this subparagraph.

(B) “Public corporation” does not include:

(i) A person or entity described in ORS 174.108 (Effect of definitions) (3);

(ii) A city, county, local service district, school district, education service district, community college district or community college service district or a public university listed in ORS 352.002 (Public universities) ; or

(iii) An administrative subdivision of an entity described in sub-subparagraph (ii) of this subparagraph.

(e) “Quality management services” means a set of services in which a contractor provides an independent and objective review and evaluation of a state contracting agency’s, a public corporation’s or another contractor’s performance with respect to an information technology initiative, such as services in which the contractor:

(A) Identifies quality standards that apply or should apply to the information technology initiative;

(B) Suggests methods and means by which the state contracting agency, the public corporation or the other contractor may meet quality standards identified in subparagraph (A) of this paragraph;

(C) Reviews and evaluates the state contracting agency’s, the public corporation’s or the other contractor’s performance regularly as the information technology initiative progresses from start to finish;

(D) Identifies omissions or gaps in the state contracting agency’s, the public corporation’s or the other contractor’s planning, execution, control, methodology, communication or reporting as the information technology initiative progresses from start to finish;

(E) Identifies risks in the state contracting agency’s, the public corporation’s or the other contractor’s plans or approach to designing, developing or implementing the information technology initiative and suggests methods to reduce, mitigate or eliminate the risks;

(F) Assists the state contracting agency or the public corporation in testing or otherwise evaluating the hardware, software or services that are developed, provided or obtained as part of an information technology initiative to determine whether the hardware, software or services conform with the quality standards identified in subparagraph (A) of this paragraph;

(G) Advises the State Chief Information Officer, the state contracting agency or the public corporation as to whether the hardware, software or services that are developed, provided or obtained as part of an information technology initiative meet the contracting agency’s or the public corporation’s needs, specifications or expectations and otherwise enable the state contracting agency or the public corporation to achieve the objectives for the information technology initiative; or

(H) Identifies unsatisfactory performance and suggests methods the State Chief Information Officer, the state contracting agency, the public corporation or the other contractor might use to eliminate the causes of unsatisfactory performance.

(f) “State contracting agency” has the meaning given that term in ORS 279A.010 (Definitions for Public Contracting Code) .

(2) Intentionally left blank —Ed.

(a) A state contracting agency or a public corporation that implements an information technology initiative shall obtain quality management services from a qualified contractor if the value of the information technology initiative exceeds $5 million, unless the State Chief Information Officer determines that the quality management services are not necessary. The State Chief Information Officer may require quality management services for an information technology initiative the value of which does not exceed $5 million if the information technology initiative meets criteria or standards that the State Chief Information Officer specifies in rule or policy. The State Chief Information Officer not later than December 31 of each year shall submit to the Legislative Fiscal Officer a report that identifies information technology initiatives for which:

(A) The value exceeds $5 million; and

(B) The State Chief Information Officer determines that quality management services are not necessary.

(b) A state contracting agency or public corporation may, subject to ORS 279B.040 (Prohibition on accepting bid or proposal from contractor that advised or assisted contracting agency to develop specifications or solicitation documents) , procure preliminary quality assurance services from a contractor if the information technology initiative meets the criteria set forth in paragraph (a) of this subsection or if the state contracting agency or public corporation otherwise believes that the preliminary quality assurance services will enable the contracting agency or public corporation to implement an information technology initiative successfully.

(3) A state contracting agency or public corporation may not artificially divide or fragment an information technology initiative so as to avoid the application of this section.

(4) Notwithstanding any procurement authority that a state contracting agency or a public corporation has that is not subject to the authority of the Director of the Oregon Department of Administrative Services or the State Chief Information Officer under ORS 279A.050 (Procurement authority) (2) or (7), the state contracting agency or public corporation is subject to the provisions of subsection (2) of this section and shall consult with and follow the rules, policies and procedures of the State Chief Information Officer in determining the extent of preliminary quality assurance services or quality management services that the state contracting agency or public corporation will require for an information technology initiative.

(5) Intentionally left blank —Ed.

(a) If a state contracting agency or a public corporation awards a contract for preliminary quality assurance services or quality management services, the contract must provide that at the same time a contractor provides a preliminary or final report to the contract administrator, the contractor shall also provide a copy of the report to:

(A) The State Chief Information Officer;

(B) The Director of the Oregon Department of Administrative Services;

(C) The Legislative Fiscal Officer; and

(D) As appropriate for the specific information technology initiative, to:

(i) The director of the state contracting agency or, if a board or commission sets policy for the state contracting agency, to the board or commission; or

(ii) The governing body of the public corporation.

(b) The state contracting agency or public corporation shall provide the contractor with names, addresses and other contact information the contractor needs to comply with paragraph (a) of this subsection.

(6) This section does not apply to the Secretary of State or the State Treasurer. [Formerly 291.035]

Source: Section 276A.223 — Requirement that state agency or public corporation obtain quality management services when implementing information technology initiative; reports; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276A.­html (accessed May 26, 2025).
ORS § 279c.310 — OR Code / Title 26 / Chapter 279c / Section 279c.310
279C.310 Limitation on contracting agency constructing public improvement
Status: in_force

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 (Audits of accounts of state agencies and state-aided institutions and agencies) and 297.405 (Definitions for ORS 297.020, 297.230, 297.405 to 297.740 and 297.990) to 297.555 (Short title) (Municipal Audit Law), the contracting agency may not construct a public improvement with the contracting agency’s own equipment or personnel if the cost exceeds $5,000. [2003 c.794 §99]

Source: Section 279C.310 — Limitation on contracting agency constructing public improvement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 279c.110 — OR Code / Title 26 / Chapter 279c / Section 279c.110
279C.110 Selection procedures for consultants to provide services
Status: in_force

(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 agency may solicit or use pricing policies and proposals or other pricing information, including the number of hours proposed for the service required, expenses, hourly rates and overhead, to determine consultant compensation only after the contracting agency has selected a consultant.

(2) Subject to the requirements of subsection (1) of this section, the procedures that a contracting agency creates to screen prospective consultants and make a selection are at the contracting agency’s sole discretion. The contracting agency may adjust the procedures to accommodate the contracting agency’s scope, schedule or objectives for a particular project if the estimated cost of the architectural, engineering, photogrammetric mapping, transportation planning or land surveying services for the project does not exceed $250,000.

(3) A contracting agency’s screening and selection procedures under this section, regardless of the estimated cost of the architectural, engineering, photogrammetric mapping, transportation planning or land surveying services for a project, may include considering each prospective consultant’s:

(a) Specialized experience, capabilities and technical competence, which the prospective consultant may demonstrate with the prospective consultant’s proposed approach and methodology to meet the project requirements;

(b) Resources committed to perform the services and the proportion of the time that the prospective consultant’s staff would spend to perform services for the contracting agency, including time for specialized services, within the applicable time limits;

(c) Record of past performance, including but not limited to price and cost data from previous projects, quality of work, ability to meet schedules, cost control and contract administration;

(d) Ownership status and employment practices regarding disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, veteran-owned businesses, emerging small businesses or historically underutilized businesses;

(e) Availability to the project locale;

(f) Familiarity with the project locale; and

(g) Proposed project management techniques.

(4) If the screening and selection procedures a contracting agency follows under this section or creates under subsection (2) of this section result in the contracting agency’s determination that two or more prospective consultants are equally qualified, the contracting agency may use any process to select a consultant that is not based on the prospective consultant’s pricing policies, proposals or other pricing information.

(5) Notwithstanding the requirement in subsection (1) of this section that a contracting agency may not solicit or use pricing policies, proposals or other pricing information until after the contracting agency has selected a consultant, a local contracting agency may use pricing policies, proposals or other pricing information as part of the local contracting agency’s screening and selection of prospective consultants if the local contracting agency:

(a) States in solicitation documents for the procurement:

(A) That the local contracting agency will screen and select prospective consultants as provided in this subsection;

(B) How the local contracting agency will rank proposals from prospective consultants, with a specific focus on:

(i) Which factors the local contracting agency will consider in evaluating proposals, including pricing policies, proposals or other pricing information, if the local contracting agency will use pricing policies, proposals or other pricing information in the evaluation; and

(ii) The relative weight the local contracting agency will give each factor, disclosing at a minimum the number of available points for each factor, the percentage each factor comprises in the total evaluation score and any other weighting criteria the local contracting agency intends to use;

(C) An estimate of the cost of professional services the local contracting agency requires for the procurement; and

(D) A scope of work that is sufficiently detailed to enable a prospective consultant to prepare a responsive proposal.

(b) Evaluates each prospective consultant on the basis of the prospective consultant’s qualifications to perform the professional services the local contracting agency requires for the procurement. The local contracting agency may use the criteria set forth in subsection (3) of this section to conduct the evaluation.

(c) Announces the evaluation scores and rank for each prospective consultant after completing the evaluation described in paragraph (b) of this subsection. The local contracting agency may determine that as many as three of the top-ranked prospective consultants are qualified to perform the professional services the local contracting agency requires for the procurement and may request a pricing proposal for the scope of work stated in paragraph (a)(D) of this subsection from each of the top-ranked consultants. The pricing proposal:

(A) Must consist of:

(i) A schedule of hourly rates that the prospective consultant will charge for the work of each individual or each labor classification that will perform the professional services the local contracting agency requires for the procurement, in the form of an offer that is irrevocable for not less than 90 days after the date of the proposal; and

(ii) A reasonable estimate of hours that the prospective consultant will require to perform the professional services the local contracting agency requires for the procurement; and

(B) May include, at the local contracting agency’s request, additional pricing information that is limited to:

(i) A description of each task that the prospective consultant understands as comprising the professional services;

(ii) A list of each individual or labor classification that will perform each task, together with the hourly rate that applies to the individual or labor classification; and

(iii) A list of expenses, including travel expenses, that the prospective consultant expects to incur in connection with providing the professional services.

(d) Permits a prospective consultant identified as qualified under paragraph (c) of this subsection to withdraw from consideration for the procurement if the prospective consultant does not wish to provide a price proposal.

(e) Completes the evaluation and selects a consultant from among the top-ranked prospective consultants that have not withdrawn as provided under paragraph (d) of this subsection, giving not more than 15 percent of the weight in the evaluation to each prospective consultant’s price proposal.

(6) The contracting agency and the consultant that the contracting agency selects shall mutually discuss, refine and finalize the scope of, the rates and number of hours applicable to, and the maximum compensation level for the professional services and shall negotiate conditions including, but not limited to, a performance schedule for the project. The contracting agency may not pay a compensation level that exceeds a level that the contracting agency alone determines is fair and reasonable to the contracting agency. Authority to negotiate a contract under this section does not supersede any provision of ORS 279A.140 (State procurement of goods and services) or 279C.520 (Condition concerning hours of labor) .

(7) If the contracting agency and a consultant that the contracting agency selected are unable for any reason to negotiate a contract at a compensation level that is reasonable and fair to the contracting agency, the contracting agency shall, either orally or in writing, formally terminate negotiations with the selected consultant. The contracting agency may then negotiate with the next most qualified prospective consultant. The contracting agency may continue in this manner through successive prospective consultants until an agreement is reached or the contracting agency terminates the selection process.

(8) A prospective consultant has a right to protest the contents of a contracting agency’s solicitation documents and the contracting agency’s selection of a consultant in accordance with:

(a) Protest procedures in model rules the Attorney General adopts under ORS 279A.065 (Model rules generally) ; or

(b) Protest procedures the contracting agency must set forth in rules that the contracting agency adopts, if the contracting agency adopts rules under ORS 279A.065 (Model rules generally) (6).

(9) A goal of this state is to promote a sustainable economy in the rural areas of this state. In order to monitor progress toward this goal, a state contracting agency shall keep a record of the locations in which architectural, engineering, photogrammetric mapping, transportation planning or land surveying services contracts and related services contracts are performed throughout this state, the locations of the selected consultants and the direct expenses of each contract. This record must include the total number of contracts awarded to each consultant over a 10-year period. The record of direct expenses must include all personnel travel expenses as a separate and identifiable expense of the contract. Upon request, the state contracting agency shall make these records available to the public.

(10) Notwithstanding the provisions of subsection (1) of this section, a contracting agency may directly appoint a consultant if the estimated cost of the architectural, engineering, photogrammetric mapping, transportation planning or land surveying services for the project does not exceed $100,000.

(11) Notwithstanding the provisions of subsections (1) and (10) of this section, a contracting agency may directly appoint a consultant for architectural, engineering, photogrammetric mapping, transportation planning or land surveying services in an emergency. [2003 c.794 §91; 2003 c.794 §92; 2005 c.509 §§1,3; 2011 c.458 §4; 2015 c.565 §15; 2019 c.55 §1; 2023 c.497 §14]

Source: Section 279C.110 — Selection procedures for consultants to provide services; use of pricing proposals; compensation; protests; applicability; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 283.120 — OR Code / Title 26 / Chapter 283 / Section 283.120
283.120 State agency service unit
Status: in_force

Subject to rules that the Oregon Department of Administrative Services prescribes, or that the State Chief Information Officer prescribes for information technology and telecommunications, any state agency may establish a service unit within the agency to furnish to other units of the agency the services, facilities and materials that the agency establishes the service unit to provide. The state agency shall charge the service unit’s expenses to the units served and, except as provided in ORS 283.076 (Oregon Department of Administrative Services Operating Fund) (3), the amounts the state agency charges must be credited to the miscellaneous receipts account established pursuant to ORS 279A.290 (Miscellaneous receipts accounts) . The moneys in the account are appropriated continuously for expenditure by the state agency subject to the allotment system provided by ORS 291.234 (Department to make allotments to state officers and agencies of appropriations and funds) to 291.260 (Approving, modifying or disapproving requests and budgets to be submitted to the federal government) . [Formerly 291.670; 1981 c.106 §19; 1993 c.500 §40b; 2003 c.794 §231; 2015 c.807 §25]

Source: Section 283.120 — State agency service unit; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors283.­html (accessed May 26, 2025).
ORS § 276.118 — OR Code / Title 26 / Chapter 276 / Section 276.118
276.118 Policy concerning location and manner of construction of buildings
Status: in_force

It is declared to be public policy that any building acquired or erected pursuant to ORS 276.005 (Capital Projects Fund) shall be located and constructed in such a manner that it shall constitute a maximum value investment with emphasis on:

(1) Structural function and utility of the building.

(2) Access by the public.

(3) Resale value of the building.

(4) Compliance with the public policy of the state as declared in ORS 276.426 (Location of leased office quarters of state agencies to be centralized) . [1957 c.727 §13; 1977 c.598 §8]

Source: Section 276.118 — Policy concerning location and manner of construction of buildings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 279c.650 — OR Code / Title 26 / Chapter 279c / Section 279c.650
279C.650 “Labor dispute” defined
Status: in_force

As used in ORS 279C.650 (“Labor dispute” defined) to 279C.670 (Application of ORS 279C.650 to 279C.670) , “labor dispute” has the meaning given that term in ORS 662.010 (Labor disputes) . [2003 c.794 §160]

Source: Section 279C.650 — “Labor dispute” defined , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 279c.520 — OR Code / Title 26 / Chapter 279c / Section 279c.520
279C.520 Condition concerning hours of labor
Status: in_force

(1) Every public contract subject to this chapter must provide that:

(a) 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 279C.100 (Definitions for ORS 279C.100 to 279C.125) , the contractor shall pay the employee at least time and a half pay for:

(A) Intentionally left blank —Ed.

(i) All overtime in excess of eight hours in any one day or 40 hours in any one week if the work week is five consecutive days, Monday through Friday; or

(ii) All overtime in excess of 10 hours in any one day or 40 hours in any one week if the work week is four consecutive days, Monday through Friday; and

(B) All work the employee performs on Saturday and on any legal holiday specified in ORS 279C.540 (Maximum hours of labor on public contracts) .

(b) The contractor shall comply with the prohibition set forth in ORS 652.220 (Prohibition of discriminatory wage rates based on protected class) , that compliance is a material element of the contract and that a failure to comply is a breach that entitles the contracting agency to terminate the contract for cause.

(c) The contractor may not prohibit any of the contractor’s employees from discussing the employee’s rate of wage, salary, benefits or other compensation with another employee or another person and may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits or other compensation with another employee or another person.

(2) A contractor shall give notice in writing to employees who work on a public contract, either at the time of hire or before work begins on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the contractor may require the employees to work.

(3) A public contract for personal services, as defined in ORS 279C.100 (Definitions for ORS 279C.100 to 279C.125) , must provide that the contractor shall pay the contractor’s employees who work under the public contract at least time and a half for all overtime the employees work in excess of 40 hours in any one week, except for employees under a personal services public contract who are excluded under ORS 653.010 (Definitions for ORS 653.010 to 653.261) to 653.261 (Minimum employment conditions) or under 29 U.S.C. 201 to 209 from receiving overtime.

(4) A public contract for services at a county fair, or for another event that a county fair board authorizes, must provide that the contractor shall pay employees who work under the public contract at least time and a half for work in excess of 10 hours in any one day or 40 hours in any one week. A contractor shall notify employees who work under the public contract, either at the time of hire or before work begins on the public contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the contractor may require the employees to work.

(5) Intentionally left blank —Ed.

(a) Except as provided in subsection (4) of this section, a public contract for services must provide that the contractor shall pay employees at least time and a half pay for work the employees perform under the public contract on the legal holidays specified in a collective bargaining agreement or in ORS 279C.540 (Maximum hours of labor on public contracts) (1)(b)(B) to (G) and for all time the employees work in excess of 10 hours in any one day or in excess of 40 hours in any one week, whichever is greater.

(b) A contractor shall notify in writing employees who work on a public contract for services, either at the time of hire or before work begins on the public contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the contractor may require the employees to work. [2003 c.794 §141; 2005 c.103 §29; 2015 c.454 §6]

Source: Section 279C.520 — Condition concerning hours of labor; compliance with pay equity provisions; employee discussions of rate of pay or benefits , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 276a.259 — OR Code / Title 26 / Chapter 276a / Section 276a.259
276A.259 Transparency Oregon Advisory Commission
Status: in_force

(1) There is created the Transparency Oregon Advisory Commission consisting of nine members appointed as follows:

(a) The President of the Senate shall appoint two members from among members of the Senate, one from the majority party and one from the minority party.

(b) The Speaker of the House of Representatives shall appoint two members from among members of the House of Representatives, one from the majority party and one from the minority party.

(c) The Governor shall appoint one member from an executive branch agency.

(d) The State Chief Information Officer shall appoint one member.

(e) The Legislative Fiscal Officer shall appoint one member.

(f) The President of the Senate and the Speaker of the House of Representatives shall each appoint one member of the public with experience or interest in public finance, public relations, measurement of performance outcomes or technology.

(2) The commission shall advise and make recommendations to the State Chief Information Officer regarding the creation, contents and operation of, and enhancements to, the Oregon transparency website.

(3) A majority of the members of the commission constitutes a quorum for transacting business.

(4) A majority of the members of the commission must approve official action by the commission.

(5) The commission shall elect one of the commission’s members to serve as chairperson not later than October 1 of each odd-numbered year.

(6) If there is a vacancy for any cause, the appointing authority shall make an appointment that becomes immediately effective.

(7) The commission shall meet at times and places that the chairperson or a majority of the members of the commission specifies.

(8) The commission may adopt rules necessary to operate the commission.

(9) The commission shall use the services of permanent staff of the Legislative Fiscal Office to the greatest extent practicable to staff the commission. The State Chief Information Officer may provide additional assistance.

(10) Notwithstanding ORS 171.072 (Salary of members and presiding officers) , members of the commission who are members of the Legislative Assembly are not entitled to mileage expenses or a per diem and serve as volunteers on the commission.

(11) Members of the commission who are not members of the Legislative Assembly are not entitled to compensation or reimbursement for expenses and serve as volunteers on the commission.

(12) All agencies of state government, as defined in ORS 174.111 (“State government” defined) , shall assist the commission in performing the commission’s duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the commission consider necessary to perform the members’ duties.

(13) The commission shall report to the Legislative Assembly not later than February 15 of each odd-numbered year. The report must describe:

(a) Enhancements made to the Oregon transparency website during the previous two calendar years;

(b) Possible future enhancements to the website, including but not limited to including information that relates to:

(A) Performance outcomes that measure the success of state agency programs in achieving goals;

(B) State agency bond debt;

(C) State agency expenses for capital improvements;

(D) Numbers and descriptions of jobs created through state agency contracts and subcontracts;

(E) Lists of businesses and individuals that receive tax credits, deductions, refunds, rebates and other subsidies from a state agency;

(F) Lists of the names of contractors that received a contract from a state agency, including the number of contracts and compensation the contractors received; and

(G) Lists of the number of contracts that each state agency entered into during a biennium and the amount of moneys each state agency spent on the contracts; and

(c) The feasibility of including an interactive application where citizens can simulate balancing a biennial budget for the state.

(14) The term of office of each member is four years, but a member serves at the pleasure of the appointing authority. Before a member’s term expires, the appointing authority shall appoint a successor whose term begins on January 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the appointing authority shall make an appointment that becomes immediately effective for the unexpired term. [Formerly 184.486]

Source: Section 276A.259 — Transparency Oregon Advisory Commission; members; duties; terms; reports , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276A.­html (accessed May 26, 2025).
ORS § 279b.405 — OR Code / Title 26 / Chapter 279b / Section 279b.405
279B.405 Protests and judicial review of solicitations
Status: in_force

(1) As used in this section:

(a) “Brand name” means a brand name specification as defined in ORS 279B.200 (Definitions for ORS 279B.200 to 279B.240) .

(b) “Legally flawed” means that a solicitation document contains terms or conditions that are contrary to law.

(c) “Unnecessarily restrictive” means that specifications limit competition arbitrarily, without reasonably promoting the fulfillment of the procurement needs of a contracting agency.

(2) A prospective bidder, proposer or offeror for a public contract solicited under ORS 279B.055 (Competitive sealed bidding) , 279B.060 (Competitive sealed proposals) or 279B.085 (Special procurements) may file a protest with the contracting agency if the prospective bidder, proposer or offeror believes that the procurement process is contrary to law or that a solicitation document is unnecessarily restrictive, is legally flawed or improperly specifies a brand name. If a prospective bidder, proposer or offeror fails to timely file such a protest, the prospective bidder, proposer or offeror may not challenge the contract on grounds under this subsection in any future legal or administrative proceeding.

(3) The contracting agency, pursuant to rules adopted under ORS 279A.065 (Model rules generally) , shall notify prospective bidders, proposers or offerors of the time and manner in which a protest under this section may be filed and considered. Before seeking judicial review, a prospective bidder, proposer or offeror must file a protest with the contracting agency and exhaust all available administrative remedies.

(4) The contracting agency shall consider the protest if the protest is timely filed and contains the following:

(a) Sufficient information to identify the solicitation that is the subject of the protest;

(b) The grounds that demonstrate how the procurement process is contrary to law or how the solicitation document is unnecessarily restrictive, is legally flawed or improperly specifies a brand name;

(c) Evidence or supporting documentation that supports the grounds on which the protest is based; and

(d) The relief sought.

(5) If the protest meets the requirements of subsection (4) of this section, the contracting agency shall consider the protest and issue a decision in writing. Otherwise, the contracting agency shall promptly notify the prospective bidder, proposer or offeror that the protest is untimely or that the protest failed to meet the requirements of subsection (4) of this section and give the reasons for the failure.

(6) The contracting agency shall issue a decision on the protest in accordance with rules adopted under ORS 279A.065 (Model rules generally) no fewer than three business days before bids, proposals or offers are due, unless a written determination is made by the agency that circumstances exist that justify a shorter time limit.

(7) A decision of a contracting agency on a protest under this section, including a protest of a special procurement, is subject to judicial review only if the action or writ of review is filed before the opening of bids, proposals or offers.

(8) Intentionally left blank —Ed.

(a) A decision of a state contracting agency on a protest under this section is reviewable by the Circuit Court for Marion County or the circuit court for the county in which the principal offices of the state contracting agency are located.

(b) A decision of a local contracting agency on a protest under this section is reviewable by the circuit court for the county in which the principal offices of the local contracting agency are located.

(9) If judicial review of a contracting agency’s decision on a protest under this section is sought, the contracting agency may not proceed with contract execution unless the contracting agency determines that there is a compelling governmental interest in proceeding or that the goods and services are urgently needed. If the contracting agency makes such a determination, the contracting agency shall set forth the reasons for the determination in writing and immediately provide them to the prospective bidder, proposer or offeror that filed the protest. Thereafter, after joining the contractor as a party to the litigation and upon motion from the person filing the protest, the court may nonetheless stay the performance of the contract if the court finds that the contracting agency’s determination of the existence of a compelling governmental interest in proceeding with contract execution, or the contracting agency’s determination that the goods or services were urgently needed, was not supported by substantial evidence or constituted a manifest abuse of discretion. In granting a stay, the court may require the person seeking the stay to post a bond in an amount sufficient to protect the contracting agency and the public from costs associated with delay in contract performance.

(10) In its review, the court shall give due deference to any factual decision made by the contracting agency and may not substitute its judgment for that of the contracting agency, but shall review all questions of law de novo. Thereafter:

(a) If a contract has not been executed and the court rules in favor of the party that sought judicial review, the court shall remand the procurement process to the contracting agency for a determination of whether and how to continue with the procurement process in light of the court’s decision.

(b) In addition to the relief provided for in paragraph (a) of this subsection, if a contract has been executed, the court shall include in its order a determination whether the party that signed the contract with the contracting agency is entitled to reimbursement under the conditions of, and calculated in the same manner as provided in, ORS 279C.470 (Compensation for contractor on contract declared void by court) . Notwithstanding that ORS 279C.470 (Compensation for contractor on contract declared void by court) otherwise applies only to public improvement contracts, under this paragraph the court shall apply ORS 279C.470 (Compensation for contractor on contract declared void by court) to both public improvement contracts and other public contracts of contracting agencies.

(c) The court may award costs and attorney fees to the prevailing party. [2003 c.794 §84; 2007 c.764 §11]

Source: Section 279B.405 — Protests and judicial review of solicitations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279B.­html (accessed May 26, 2025).
ORS § 279a.140 — OR Code / Title 26 / Chapter 279a / Section 279a.140
279A.140 State procurement of goods and services
Status: in_force

(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 a state agency is specifically authorized by ORS 279A.050 (Procurement authority) or provisions of law other than the Public Contracting Code to enter into a contract. The authority described in this subsection may be delegated in whole or in part in accordance with ORS 279A.075 (Delegation) .

(2) The following requirements and procedures apply to all contracts of state agencies:

(a) A personal services contract is not valid or effective without the written approval of the department unless:

(A) The contract is authorized under ORS 279A.050 (Procurement authority) ; or

(B) The department has delegated authority to the contracting agency under ORS 279A.075 (Delegation) to make the personal services contract.

(b) Neither the department nor a state agency may approve a contract before the contract has been reviewed for legal sufficiency and approved by the Attorney General, if the review and approval are required under ORS 291.047 (Public contract approval by Attorney General) or 291.049 (Ratification of public contract when performance begun prior to contract approval) .

(c) Unless otherwise provided by law, the department or a state agency may enter into a public contract for any period of time, provided that the term of the contract and conditions of renewal or extension are included in the solicitation. Contracting agencies may stipulate in contracts for goods or services that any payment and performance obligations for succeeding fiscal periods are subject to the availability and appropriation of funds for the obligations. A contract for goods or services subject to this section may not be construed as violating any applicable debt limitation or limitation on a contracting agency’s expenditure authority.

(d) When funds are not appropriated or otherwise made available to support continuation of the department’s or a state agency’s performance of a contract in a subsequent fiscal period, the department or state agency may cancel the contract and reimburse the contractor for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the goods or services delivered under the contract. The department or state agency may pay the reimbursement only from any appropriations or funds then lawfully available for such purposes.

(e) Except as otherwise provided in this chapter, a contract of a state agency will be deemed by the department to have been executed only when all requisite approvals have been obtained.

(f) Any procurement or contract by the department for a state agency must, when required by rules adopted by the department under ORS 279A.070 (Rules) , be made on the basis of a requisition by the state agency.

(g) The department may use moneys from the Oregon Department of Administrative Services Operating Fund to procure goods, services and personal services for the purpose of supplying requirements of state agencies, the cost of which shall be reimbursed to the fund from charges paid by state agencies on the basis of actual usage. Administrative costs incurred in the operation of the fund may be paid from the fund and the amount of such costs shall be added to the cost of the goods, services and personal services as charged to the state agencies.

(h) The department shall adopt rules necessary to implement the provisions of this subsection, including but not limited to rules establishing:

(A) A reporting system for personal service contracts, including architectural, engineering, photogrammetric mapping, transportation planning or land surveying services contracts and related services contracts, that includes the following:

(i) A state agency shall submit to the department personal services contract information as directed by the department. A state agency shall file with the department a copy of each personal services contract entered into by the state agency, including appropriate documentation as required by the department. Whenever a state agency pays more in a calendar year under a personal services contract for services historically performed by state employees than the agency would have paid to the agency’s employees performing the same work, the agency shall so report to the department and include in the report a statement of justification for the greater costs.

(ii) The department shall keep the copy of the contract and the department’s documentation on file for three years, after which the department may destroy the file. The department shall maintain a system for filing copies of personal services contracts and documentation submitted to the department under this paragraph. The department shall submit a biennial report to the Legislative Assembly concerning the use of personal services contracts by state agencies. The report must specify the name of each state agency, the amount paid under each personal services contract entered into by the agency, the name of the contractor, the duration of the contract and the contract’s basic purpose. The report must also include the total dollar figure of all personal services contracts for each year of the preceding biennium.

(B) Procedures for the evaluation and award of personal services contracts when the department authorizes a state agency to contract directly for personal services, including architectural, engineering, photogrammetric mapping, transportation planning or land surveying services and related services, in accordance with ORS 279B.050 (Methods of source selection) or 279C.100 (Definitions for ORS 279C.100 to 279C.125) to 279C.125 (Architectural, engineering, photogrammetric mapping, transportation planning and land surveying services selection process for local public improvements procured through state agency) .

(3) The department shall notify all state agencies of the requirements of this section. [2003 c.794 §18; 2011 c.458 §11]

Source: Section 279A.140 — State procurement of goods and services; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279A.­html (accessed May 26, 2025).
ORS § 276a.512 — OR Code / Title 26 / Chapter 276a / Section 276a.512
276A.512 Oregon Geographic Information Council Fund
Status: in_force

(1) The Oregon Geographic Information Council Fund is established in the State Treasury, separate and distinct from the General Fund. All moneys that the State Chief Information Officer collects or receives for the purposes set forth in ORS 276A.500 (Definitions) to 276A.515 (State geographic information officer) must be paid into the State Treasury and credited to the Oregon Geographic Information Council Fund. Moneys in the fund may be invested in the same manner as other state moneys and the earnings of any investments must be credited to the fund.

(2) The State Chief Information Officer shall keep a record of all moneys deposited into the fund that indicates, by separate account, the source from which the moneys are derived, the interest earned and the activity or program against which any withdrawal is charged.

(3) Moneys in the fund are continuously appropriated to the State Chief Information Officer for:

(a) Developing, acquiring and maintaining geospatial framework data and activities related to sharing geospatial framework data among public bodies; and

(b) Paying the costs associated with the Oregon Geographic Information Council.

(4) The State Chief Information Officer may accept gifts, grants, donations and contributions from the federal government or agencies of the federal government or from any other public or private source and may agree to any conditions placed on the gift, grant, donation or contribution that is in accordance with applicable law and ORS 276A.500 (Definitions) to 276A.515 (State geographic information officer) .

(5) The State Chief Information Officer and the Oregon Geographic Information Council shall submit to the Legislative Assembly and the Governor by December 31 of each even-numbered year a report that summarizes the balance in the fund, lists the deposits into and expenditures from the fund and provides such other details as are necessary to enable the Legislative Assembly and the Governor to understand the operations of the fund. [2017 c.166 §5]

Source: Section 276A.512 — Oregon Geographic Information Council Fund; records and reports , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276A.­html (accessed May 26, 2025).
ORS § 283.425 — OR Code / Title 26 / Chapter 283 / Section 283.425
283.425 Costs of litigation
Status: in_force

The costs of asbestos property damage recovery litigation incurred by the Department of Justice shall be charged to the Oregon Department of Administrative Services pursuant to ORS 180.160 (Charges for services to public agencies) and 180.170 (Billing for services to public agencies) . [1989 c.1037 §6]

Note: See note under 283.415 (Legislative findings) .

Source: Section 283.425 — Costs of litigation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors283.­html (accessed May 26, 2025).
ORS § 279b.130 — OR Code / Title 26 / Chapter 279b / Section 279b.130
279B.130 Debarment of prospective bidders and proposers
Status: in_force

(1) Intentionally left blank —Ed.

(a) A contracting agency may debar a prospective bidder or proposer from consideration for award of the contracting agency’s contracts for the reasons listed in subsection (2) of this section after providing the prospective bidder or proposer with notice and a reasonable opportunity to be heard.

(b) A contracting agency may not debar a prospective bidder or proposer under this section for more than three years.

(2) A prospective bidder or proposer may be debarred from consideration for award of a contracting agency’s contracts if:

(a) The prospective bidder or proposer has been convicted of a criminal offense as an incident in obtaining or attempting to obtain a public or private contract or subcontract or in the performance of a public or private contract or subcontract.

(b) The prospective bidder or proposer has been convicted under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty that currently, seriously and directly affects the prospective bidder’s or proposer’s responsibility as a contractor.

(c) The prospective bidder or proposer has been convicted under state or federal antitrust statutes.

(d) The prospective bidder or proposer has committed a violation of a contract provision that is regarded by the contracting agency or the Construction Contractors Board to be so serious as to justify disqualification. A violation may include but is not limited to a failure to perform the terms of a contract or an unsatisfactory performance in accordance with the terms of the contract. However, a failure to perform or an unsatisfactory performance caused by acts beyond the control of the contractor may not be considered to be a basis for debarment.

(e) The prospective bidder or proposer does not carry workers’ compensation or unemployment insurance as required by statute.

(3) A contracting agency shall issue a written decision to debar a prospective bidder or proposer under this section. The decision must:

(a) State the reasons for the action taken; and

(b) Inform the debarred prospective bidder or proposer of the appeal rights of the prospective bidder or proposer under ORS 279B.425 (Review of prequalification and debarment decisions) .

(4) A copy of the decision issued under subsection (3) of this section must be mailed or otherwise furnished immediately to the debarred prospective bidder or proposer.

(5) A prospective bidder or proposer that wishes to appeal debarment shall, within three business days after receipt of notice of debarment, notify the contracting agency that the prospective bidder or proposer appeals the debarment as provided in ORS 279B.425 (Review of prequalification and debarment decisions) . [2003 c.794 §63; 2007 c.764 §8]

Source: Section 279B.130 — Debarment of prospective bidders and proposers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279B.­html (accessed May 26, 2025).
ORS § 280.518 — OR Code / Title 26 / Chapter 280 / Section 280.518
280.518 Display of information that program is financed by State Lottery
Status: in_force

Any economic development program financed with proceeds from the state lottery authorized by section 4, Article XV of the Oregon Constitution, and ORS chapter 461 shall have displayed conspicuously on the site or as part of the program information specifying that the program is being financed by the state lottery. [Formerly 284.430 and then 461.710 in 1991]

Source: Section 280.518 — Display of information that program is financed by State Lottery , https://www.­oregonlegislature.­gov/bills_laws/ors/ors280.­html (accessed May 26, 2025).
ORS § 276a.406 — OR Code / Title 26 / Chapter 276a / Section 276a.406
276A.406 Acquisition of broadband and communications services
Status: in_force

(1) As used in this section and ORS 276A.412 (Contracts for telecommunications equipment and services not to exceed 10 years) and 276A.421 (Provision of broadband services that compete with services of private telecommunications provider) :

(a) “Broadband” means wide bandwidth communications transmissions over coaxial cable, optical fiber, radio or twisted pair with an ability to simultaneously transport multiple signals and traffic types at a minimum transmission speed established by the State Chief Information Officer by rule, but in no event less than 25 megabits per second for downloads and three megabits per second for uploads.

(b) “Communications” means media that communicate voice, data, text or video over a distance using electrical, electronic or light wave transmissions.

(c) “State agency” has the meaning given that term in ORS 279A.010 (Definitions for Public Contracting Code) .

(d) “Telecommunications provider” means any person that is capable of providing broadband and communications services including, but not limited to, a telecommunications utility as defined in ORS 759.005 (Definitions) , a competitive telecommunications provider as defined in ORS 759.005 (Definitions) , a cable television provider or an interstate telecommunications provider.

(2) Notwithstanding ORS chapters 279A, 279B and 279C, the State Chief Information Officer:

(a) Shall provide broadband and communications services and operations for the state and state agencies; and

(b) Subject to ORS 276A.421 (Provision of broadband services that compete with services of private telecommunications provider) and notwithstanding ORS 276A.206 (Oversight of state information and telecommunications technology by State Chief Information Officer) (6)(c), may provide broadband services and operations in unserved or underserved areas to any other public body, as defined in ORS 174.109 (“Public body” defined) , any federally recognized Indian tribe in Oregon or any nonprofit organization that the State Chief Information Officer designates as a community of interest under ORS 276A.206 (Oversight of state information and telecommunications technology by State Chief Information Officer) .

(3) The State Chief Information Officer provides the services and operations under subsection (2) of this section if the State Chief Information Officer:

(a) Provides the services directly;

(b) Enters into an interagency or intergovernmental agreement under ORS chapter 190 to have another state agency or governmental agency provide the services; or

(c) Acquires the services by entering into contracts with telecommunications providers or a consortium of telecommunications providers in a manner that is consistent with the State Chief Information Officer’s rules, policies and standards.

(4) The State Chief Information Officer may not enter into any contract or agreement under subsection (3) of this section or approve the procurement of any broadband or communications system or equipment that is incompatible with the network or that is inconsistent with the State Chief Information Officer’s rules, policies and standards. [Formerly 283.510; 2018 c.51 §4]

Source: Section 276A.406 — Acquisition of broadband and communications services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276A.­html (accessed May 26, 2025).
ORS § 279c.565 — OR Code / Title 26 / Chapter 279c / Section 279c.565
279C.565 Limitation on retainage requirements
Status: in_force

Unless otherwise specifically included by statute, the provisions of ORS 279C.560 (Form of retainage) or 279C.625 (Joint liability when payment bond not executed) apply only as between the contracting agency or public body and the party with whom it contracts. [2003 c.794 §149]

Source: Section 279C.565 — Limitation on retainage requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 276.214 — OR Code / Title 26 / Chapter 276 / Section 276.214
276.214 Acquiring land, buildings and structures
Status: in_force

(1) The Oregon Department of Administrative Services may acquire by purchase, condemnation or otherwise:

(a) The land, buildings and structures deemed necessary, suitable or expedient for carrying out the provisions of ORS 276.212 (Heat, light, communication and power systems) .

(b) The easements or rights of way, within or outside of any city or town, necessary for the construction, operation, maintenance or repair of underground conduits, pipes, transmission poles and wires.

(2) The Oregon Department of Administrative Services shall have the power of eminent domain for the purpose of acquiring any property necessary for carrying out the provisions of ORS 276.212 (Heat, light, communication and power systems) . The action or proceeding shall be brought in the name of the State of Oregon in the circuit court of the proper county in this state. The procedure shall be that provided by law for the condemnation of real property or other property for the use of the public by the state or a subdivision of the state. The Oregon Department of Administrative Services may take immediate possession of the property, or the use of the property, required by the state for the purposes of ORS 276.212 (Heat, light, communication and power systems) by depositing with the clerk of the court the sum of money that the court, on five days’ notice to the adverse party, deems adequate to secure the owner of the property sought to be taken.

Source: Section 276.214 — Acquiring land, buildings and structures; eminent domain procedure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 276a.374 — OR Code / Title 26 / Chapter 276a / Section 276a.374
276A.374 Application to Secretary of State and State Treasurer
Status: in_force

The Secretary of State and the State Treasurer shall by rule adopt for each respective office requirements related to data that are the same as, or are similar to, the requirements established by ORS 276A.350 (Definitions) to 276A.371 (Obligations of state agency under public records law) and by rules adopted by the State Chief Information Officer or the Chief Data Officer under ORS 276A.350 (Definitions) to 276A.371 (Obligations of state agency under public records law) . [2017 c.720 §9]

Source: Section 276A.374 — Application to Secretary of State and State Treasurer; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276A.­html (accessed May 26, 2025).
ORS § 279c.805 — OR Code / Title 26 / Chapter 279c / Section 279c.805
279C.805 Policy
Status: in_force

The Legislative Assembly declares that the purposes of the prevailing rate of wage law are:

(1) To ensure that contractors compete on the ability to perform work competently and efficiently while maintaining community-established compensation standards.

(2) To recognize that local participation in publicly financed construction and family wage income and benefits are essential to the protection of community standards.

(3) To encourage training and education of workers to industry skills standards.

(4) To encourage employers to use funds allocated for employee fringe benefits for the actual purchase of those benefits. [2003 c.794 §166]

Source: Section 279C.805 — Policy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 279b.065 — OR Code / Title 26 / Chapter 279b / Section 279b.065
279B.065 Small procurements
Status: in_force

(1) A contracting agency may award a public contract for goods or services that does not exceed a contract price of $25,000 in any manner the contracting agency deems practical or convenient, including by direct selection or award. A contract awarded under this section may be amended to exceed $25,000 only in accordance with rules adopted under ORS 279A.065 (Model rules generally) .

(2) A state contracting agency that awards a public contract with a contract price of $10,000 or more using a method permitted under this section shall document in the state contracting agency’s procurement file the actions the state contracting agency takes to:

(a) Comply with ORS 200.035 (Notice to Governor’s Policy Advisor for Economic and Business Equity) ; and

(b) Consider for the procurement businesses or enterprises that the Certification Office for Business Inclusion and Diversity certifies under ORS 200.055 (Certification as disadvantaged business enterprise, minority-owned business, woman-owned business, veteran-owned business or emerging small business) .

(3) A contracting agency may not artificially divide or fragment a procurement so as to constitute a small procurement under this section. [2003 c.794 §53; 2005 c.64 §1; 2005 c.103 §8b; 2013 c.66 §1; 2023 c.127 §1]

Source: Section 279B.065 — Small procurements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279B.­html (accessed May 26, 2025).
ORS § 276a.353 — OR Code / Title 26 / Chapter 276a / Section 276a.353
276A.353 Chief Data Officer
Status: in_force

(1) The State Chief Information Officer shall appoint a Chief Data Officer.

(2) The Chief Data Officer shall:

(a) Maintain a central web portal for the publication of publishable data under ORS 276A.362 (Release of publishable data on web portal) .

(b) Establish the open data standard as provided in ORS 276A.356 (Open data standard) .

(c) Prepare and publish the technical standards manual as provided in ORS 276A.359 (Technical standards manual) .

(d) Create an enterprise data inventory that accounts for all datasets used within agency information systems and that indicates whether each dataset may be made publicly available and if the dataset is currently available to the public. The enterprise data inventory is a public record.

(e) Provide information protection and privacy guidance for state agencies.

(f) Establish an enterprise data and information strategy.

(g) Identify ways to use and share existing data for business intelligence and predictive analytic opportunities.

(h) Identify strategies to combine internal and external data sources.

(i) Establish statewide data governance and policy area data governance and provide guidance for agencies about data governance efforts.

(j) Oversee the delivery of education and standards to state agencies regarding data quality, master data management and data life cycle management.

(k) Form an advisory group to assist the Chief Data Officer in carrying out the duties described in this section and in establishing an enterprise memorandum of understanding for interagency data sharing.

(L) Submit a biennial report to a committee or interim committee of the Legislative Assembly related to information management and technology on:

(A) The status of agency posting of publishable data; and

(B) The status of data sharing within and between agencies, enabling cross-agency analysis to provide information for public purposes, including but not limited to program design and budgeting decisions.

(3) The Chief Data Officer may establish and maintain an online forum to solicit feedback from the public and to encourage discussion on the open data standard and publishable data available on the web portal.

(4) The State Chief Information Officer may adopt rules necessary to implement ORS 276A.350 (Definitions) to 276A.371 (Obligations of state agency under public records law) . [2017 c.720 §2]

Source: Section 276A.353 — Chief Data Officer; duties; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276A.­html (accessed May 26, 2025).
ORS § 276a.206 — OR Code / Title 26 / Chapter 276a / Section 276a.206
276A.206 Oversight of state information and telecommunications technology by State Chief Information Officer
Status: in_force

(1) Intentionally left blank —Ed.

(a) The State Chief Information Officer shall oversee and coordinate the planning, budgeting, architecture and standardization, consolidation, acquisition and oversight of all information and telecommunications technology by state government and agencies of state government so that statewide and individual state agencies’ plans and activities are addressed in the most integrated, economic and efficient manner, in a manner that minimizes duplication, fragmentation, redundancy and cost in state government operations and in a manner that most effectively meets state government and state agency program needs.

(b) Intentionally left blank —Ed.

(A) Except as otherwise provided by law, the office of the Secretary of State and the office of the State Treasurer, in collaboration with the State Chief Information Officer, shall develop and adopt plans, policies, standards and procedures for budgeting, planning, procuring, managing, overseeing and using information technology and telecommunications for the Secretary of State or the State Treasurer, as appropriate. Each office shall ensure that the office’s plans, policies, standards and procedures are, to the extent possible, compatible with the plans, policies, standards and procedures that the State Chief Information Officer develops and adopts for other state agencies within the executive department.

(B) The Secretary of State and the State Treasurer shall submit to the Legislative Fiscal Office:

(i) Copies of plans, policies, standards and procedures that the Secretary of State and the State Treasurer develop and adopt under subparagraph (A) of this paragraph. The Secretary of State and the State Treasurer shall submit copies of the plans, policies, standards and procedures within 30 calendar days after adopting or amending the plans, policies, standards or procedures.

(ii) Copies of any independent information technology audits or quality assurance reports that are public records and are not exempt from disclosure under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) . The Secretary of State and the State Treasurer shall submit copies of the audits or reports within 30 calendar days after receiving the audits or reports.

(iii) An annual report on all information technology initiatives, as defined in ORS 276A.223 (Requirement that state agency or public corporation obtain quality management services when implementing information technology initiative) , and all procurements with an estimated contract price that exceeds $1 million. The Secretary of State and the State Treasurer shall submit the report not later than December 31 of each calendar year.

(2) To facilitate accomplishment of the purpose set forth in subsection (1)(a) of this section, the State Chief Information Officer shall:

(a) Adopt rules, policies and standards to plan for, develop architecture for and standardize the state’s information resources and technologies. In developing rules, policies and standards, the State Chief Information Officer shall consult with state agencies that have needs that information resources may satisfy. State agencies shall cooperate with the State Chief Information Officer in preparing and complying with rules, policies and standards that the State Chief Information Officer adopts.

(b) Formulate rules, policies and standards to promote electronic communication and information sharing among state agencies and programs, between state and local governments and with the public where appropriate.

(c) Formulate rules, policies, plans, standards and specifications to ensure that information resources and technologies fit together in a statewide system capable of providing ready access to information, information technology or telecommunication resources. Plans and specifications that the State Chief Information Officer adopts must be based on industry standards for open systems to the greatest extent possible.

(3) Before adopting rules described in subsection (2) of this section, the State Chief Information Officer shall present the proposed rules to the Joint Legislative Committee on Information Management and Technology.

(4) The State Chief Information Officer has the responsibility to review, oversee and ensure that state agencies’ rules and planning, acquisition and implementation activities related to information technology and telecommunications align with and support the Enterprise Information Resources Management Strategy. State agencies shall cooperate with the State Chief Information Officer to ensure that the state agencies’ rules and planning, acquisition and implementation activities align with and support the Enterprise Information Resources Management Strategy. If the Oregon Department of Administrative Services procures information technology or the Director of the Oregon Department of Administrative Services delegates authority under ORS 279A.075 (Delegation) to procure information technology, the department and a state contracting agency, as defined in ORS 279A.010 (Definitions for Public Contracting Code) , shall procure information technology fairly, competitively and in a manner that is consistent with the State Chief Information Officer’s rules, policies and standards.

(5) Intentionally left blank —Ed.

(a) The policy of the State of Oregon is that state government telecommunications networks should be designed to provide state-of-the-art services where economically and technically feasible, using shared, rather than dedicated, lines and facilities.

(b) The State Chief Information Officer shall, when procuring telecommunications network services, consider the goals and objectives outlined within the Enterprise Information Resources Management Strategy and the policy, acquisition, coordination and consolidation objectives for information technology that are specified in ORS 276A.400 (Policy) to 276A.412 (Contracts for telecommunications equipment and services not to exceed 10 years) and 276A.415 (Agreements to fund or acquire telecommunications equipment and services) .

(6) Intentionally left blank —Ed.

(a) The State Chief Information Officer, upon request, may furnish and deliver statewide integrated videoconferencing and statewide online access service to a public or private entity that primarily conducts activities for the direct good or benefit of the public or community at large in providing educational, economic development, health care, human services, public safety, library or other public services. The State Chief Information Officer shall adopt rules with respect to the State Chief Information Officer’s furnishing of the service.

(b) The State Chief Information Officer shall establish statewide integrated videoconferencing and statewide online access user fees, services, delivery, rates and long range plans. The rates must reflect the State Chief Information Officer’s cost in providing the service.

(c) The State Chief Information Officer by rule shall restrict the Internet access service that the State Chief Information Officer furnishes or delivers to private entities if the service would directly compete with two or more local established providers of Internet access services within the local exchange telecommunications service area.

(d) The rates and services established and provided under this section are not subject to the Public Utility Commission’s regulation or authority.

(7) An organization or organizations recognized as tax exempt under section 501(c)(3) of the Internal Revenue Code that primarily conduct activities for the direct good or benefit of the public or community at large in providing educational, economic development, health care, human services, public safety, library or other public services and that have formed an affiliation with one or more federal, state or local governmental units within this state may apply to the State Chief Information Officer for designation as a community of interest. The application must be in the form that the State Chief Information Officer prescribes and contain information about the governmental affiliation relationship, the tax exempt status of each organization and the public benefit services the organization provides or intends to provide. The State Chief Information Officer shall establish an application review and appeal process to ensure that designating the organizations as a community of interest for the purposes of including the organization in telecommunications contracts under ORS 276A.412 (Contracts for telecommunications equipment and services not to exceed 10 years) will result in providing educational, medical, library or other services for public benefit.

(8) This section does not apply to any public university listed in ORS 352.002 (Public universities) .

(9) As used in this section and ORS 276A.203 (State Chief Information Officer) :

(a) “Information resources” means media, instruments, plans and methods for collecting, processing, transmitting and storing data and information, including telecommunications.

(b) “Information technology” means present and future forms of hardware, software and services for data processing, office automation and telecommunications.

(c) “Internet access service” means electronic connectivity to the Internet and the services of the Internet.

(d) “Open systems” means systems that allow state agencies freedom of choice by providing a vendor-neutral operating environment where different computers, applications, system software and networks operate together easily and reliably.

(e) “State-of-the-art services” means the highest level at which equipment, facilities and the capability to distribute digital communication signals that transmit voice, data, video and images over a distance have developed at the time during which the equipment, facility or capability was installed or operating.

(f) “Statewide integrated videoconferencing” means a statewide electronic system capable of transmitting video, voice and data communications.

(g) “Statewide online access” means electronic connectivity to information resources such as computer conferencing, electronic mail, databases and Internet access.

(h) “Telecommunications” means hardware, software and services for transmitting voice, data, video and images over a distance. [Formerly 291.038]

Source: Section 276A.206 — Oversight of state information and telecommunications technology by State Chief Information Officer; policy; rules; application for designation as community of interest , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276A.­html (accessed May 26, 2025).
ORS § 280.508 — OR Code / Title 26 / Chapter 280 / Section 280.508
280.508 County public purpose revolving loan fund
Status: in_force

When moneys are received by a county upon condition or with the intent of the receiving county that the moneys be used for a public purpose revolving loan fund, the county may dedicate the moneys for the purposes of the revolving loan fund and payment of the expenses of administering the fund by enacting an ordinance that:

(1) Establishes a separate fund into which all moneys to be used for economic development revolving loans or grants may be deposited together with proceeds, including loan fees and interest, received from processing and repayment of such loans;

(2) Specifies the public purpose and the scope and limitation of uses of moneys in the fund; and

(3) Provides for distribution of fund assets if the governing body of the county determines, after a public hearing, that dissolution of the fund is in the best interests of the public. [1991 c.332 §1]

Source: Section 280.508 — County public purpose revolving loan fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors280.­html (accessed May 26, 2025).
ORS § 279c.555 — OR Code / Title 26 / Chapter 279c / Section 279c.555
279C.555 Withholding of retainage
Status: in_force

The withholding of retainage by a contractor or subcontractor on public improvement contracts shall be in accordance with ORS 701.420 (Partial payment) . [2003 c.794 §147; 2013 c.410 §1]

Source: Section 279C.555 — Withholding of retainage , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 279a.275 — OR Code / Title 26 / Chapter 279a / Section 279a.275
279A.275 Leasing of state property
Status: in_force

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]

Source: Section 279A.275 — Leasing of state property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279A.­html (accessed May 26, 2025).
ORS § 279.853 — OR Code / Title 26 / Chapter 279 / Section 279.853
279.853 Conditions required in contract for services with successor qualified nonprofit agency for individuals with disabilities
Status: in_force

(1) Intentionally left blank —Ed.

(a) If a public agency or a qualified nonprofit agency for individuals with disabilities terminates or declines to renew a contract procured under ORS 279.850 (Procurement of product or service) for janitorial services, grounds maintenance services or security services and the public agency enters into a new contract for the same services, the public agency shall provide in the new contract that the successor service provider, during a period that ends 90 days after the date on which the public agency enters into the new contract, offer employment to the individuals with disabilities who worked 28 hours or more per week under the terminated or nonrenewed contract at the time the contract ended, at wages and with health benefits as favorable as, or more favorable than, the wages and health benefits the individuals with disabilities received under the terminated or nonrenewed contract.

(b) If the successor service provider under paragraph (a) of this subsection is not a qualified nonprofit agency for individuals with disabilities, the public agency shall provide in the new contract that the successor service provider, during a period that ends 90 days after the date on which the public agency enters into the new contract, offer employment to all individuals who worked 28 hours or more per week under the terminated or nonrenewed contract at the time the contract ended, except managers and supervisors, at wages and with health benefits as favorable as, or more favorable than, the wages and health benefits the individuals received under the terminated or nonrenewed contract.

(2) A successor service provider that provides the same services under a new contract as provided under the terminated or nonrenewed contract may require an individual whom the successor service provider hires under subsection (1) of this section to undergo the hiring procedures and demonstrate during a probationary period the qualifications that the successor service provider establishes for new hires. [2015 c.526 §2; 2019 c.371 §7]

Source: Section 279.853 — Conditions required in contract for services with successor qualified nonprofit agency for individuals with disabilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279.­html (accessed May 26, 2025).
ORS § 276.238 — OR Code / Title 26 / Chapter 276 / Section 276.238
276.238 Purchase of land, water and water rights, watercourses, franchises and privileges
Status: in_force

When the owner fixes a price for land, water, watercourses and water rights, franchises and privileges that is, in the opinion of the Oregon Department of Administrative Services, reasonable, the department may purchase the property at the price fixed without further delay.

Source: Section 276.238 — Purchase of land, water and water rights, watercourses, franchises and privileges , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 278.405 — OR Code / Title 26 / Chapter 278 / Section 278.405
278.405 Department to manage risk management and insurance programs
Status: in_force

The Oregon Department of Administrative Services shall direct and manage all risk management and insurance programs of state government except for employee benefit insurance programs as otherwise provided in ORS chapter 243. Authority granted the department in this section includes but is not limited to the following authority:

(1) To provide all insurance coverages including coverage of related legal expenses required by law, requisitioned by individual agencies, or which the department determines necessary or desirable for the efficient operation of state government, including but not limited to casualty insurance, property insurance, workers’ compensation insurance and surety insurance.

(2) To purchase insurance policies, develop and administer self-insurance programs, or any combinations thereof, as may be in the best interest of the state in carrying out the authorities granted in subsection (1) of this section.

(3) To consolidate and combine state insurance coverages.

(4) To purchase such risk management, actuarial and other professional services as may be required.

(5) To provide technical services in risk management and insurance to state agencies.

(6) To adopt rules and policies governing the administration of the state’s insurance and risk management activities and to carry into full force and effect the provisions of this chapter, ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.290 (Settlement of claims by local public body) , 278.322 (Child care facility liability insurance coverage) and 655.505 (Definitions for ORS 655.505 to 655.555) to 655.555 (Rules for administration of fund for injuries of adults in custody) . The department, by rule or policy, may determine the Insurance Fund’s contribution to the cost of defense, settlements and judgments in actions or proceedings. The department may condition payment of all or part of any loss covered by the Insurance Fund on compliance with the rules and policies adopted under this chapter. [1985 c.731 §2; 1991 c.566 §6]

Source: Section 278.405 — Department to manage risk management and insurance programs; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors278.­html (accessed May 26, 2025).
ORS § 276.002 — OR Code / Title 26 / Chapter 276 / Section 276.002
276.002 Control of State Capitol
Status: in_force

(1) The Legislative Assembly, through the Legislative Administration Committee, shall exercise control over the use of the State Capitol.

(2) The committee has exclusive power to assign and reassign quarters in the State Capitol for such periods and under such terms, including rental rates, as the committee considers appropriate.

(3) All rentals for quarters and for parking shall be credited to the State Capitol Operating Account.

(4) The committee has exclusive power to assign and reassign parking spaces in the garage of the State Capitol, in the area immediately north of the State Capitol but south of and separated from Court Street by a traffic island, painted markings or other traffic control devices and in the area immediately south of the State Capitol but north of and separated from State Street by a traffic island, painted markings or other traffic control devices. The committee has exclusive power to prescribe parking regulations in the garage and the other areas described in this subsection and may prescribe fines or other penalties for violating those regulations. The committee shall give notice of any parking prohibitions or restrictions by posting appropriate signs in plain view. The Department of State Police shall enforce the regulations described in this subsection. All citations issued for violating the parking regulations described in this subsection shall conform to the requirements of ORS 810.425 (Procedure in certain parking cases) . Notwithstanding other provisions of this subsection, the Oregon Department of Administrative Services is responsible for collecting parking fees under ORS 292.065 (Deduction of payment for parking fees) .

(5) The committee may enter into contracts or agreements the committee considers necessary to:

(a) Renovate and repair the State Capitol;

(b) Renovate, repair or replace State Capitol fixtures and facilities;

(c) Make artistic or aesthetic improvements to the State Capitol and adjacent areas;

(d) Conduct or sponsor special events; and

(e) Conduct or sponsor projects intended to preserve or promote the historical integrity of the State Capitol and adjacent areas. [1967 c.419 §55; 1969 c.620 §15; 1977 c.116 §1; 1981 c.132 §2; 1993 c.500 §59; 1997 c.817 §2; 1999 c.285 §1; 2001 c.118 §2; 2007 c.175 §1]

Source: Section 276.002 — Control of State Capitol; disposition of rentals , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 276.128 — OR Code / Title 26 / Chapter 276 / Section 276.128
276.128 Fire and other insurance
Status: in_force

The Director of the Oregon Department of Administrative Services, as an operating cost, shall insure the office buildings against fire and other hazards in such sums as required to protect the value of buildings. Such insurance shall be provided under the provisions of ORS chapter 278. [1957 c.727 §11; 1977 c.720 §1; 1985 c.731 §26]

Source: Section 276.128 — Fire and other insurance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 279c.840 — OR Code / Title 26 / Chapter 279c / Section 279c.840
279C.840 Payment of prevailing rate of wage
Status: in_force

(1) 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 payments in cash, by making contributions of a type described in ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) (1)(a), or by assuming an enforceable commitment to bear the costs of fringe benefits of a type described in ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) (1)(b), or any combination of payments, contributions and assumption of costs, where the aggregate of any such payments, contributions and assumption of costs is not less than the prevailing rate of wage. The contractor or subcontractor shall pay all wages due and owing to the contractor’s or subcontractor’s workers upon public works on the regular payday established and maintained under ORS 652.120 (Establishing regular payday) .

(2) After a contract for public works is executed with any contractor or work is commenced upon any public works, a contractor or subcontractor may not subject the amount of the prevailing rate of wage to attack in any legal proceeding in connection with that contract.

(3) It is not a defense in any legal proceeding that the prevailing rate of wage is less than the amount required to be in the specifications of a contract for public works, or that the employee agreed with the employer to work at less than the wage rates required to be paid under this section.

(4) Every contractor or subcontractor engaged on a project for which there is a contract for a public works shall keep the prevailing rates of wage for that project posted in a conspicuous and accessible place in or about the project. The Commissioner of the Bureau of Labor and Industries shall furnish without charge copies of the prevailing rates of wage to contractors and subcontractors.

(5) Every contractor or subcontractor engaged on a project for which there is a contract for a public works to which the prevailing wage requirements apply that also provides or contributes to a health and welfare plan or a pension plan, or both, for the contractor or subcontractor’s employees on the project shall post a notice describing the plan in a conspicuous and accessible place in or about the project. The notice preferably shall be posted in the same place as the notice required under subsection (4) of this section. In addition to the description of the plan, the notice shall contain information on how and where to make claims and where to obtain further information.

(6) Intentionally left blank —Ed.

(a) Except as provided in paragraph (d) of this subsection, a person other than the contractor or subcontractor may not pay or contribute any portion of the prevailing rate of wage paid by the contractor or subcontractor to workers employed in the performance of a public works contract.

(b) A contractor or subcontractor violates paragraph (a) of this subsection if a person other than the contractor or subcontractor pays or contributes any portion of the prevailing rate of wage that the contractor or subcontractor owes or pays to workers who perform labor on a public works project or the person assumes an enforceable commitment to bear the costs of fringe benefits of a type described in ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) (1)(b) that the contractor or subcontractor provides.

(c) For the purpose of this subsection, the prevailing rate of wage is the prevailing rate of wage specified in the contract.

(d) This subsection does not prohibit:

(A) Payments to a worker who is enrolled in any government-subsidized training or retraining program; or

(B) A surety or public agency from paying the prevailing rate of wage.

(7) A person may not take any action that circumvents the payment of the prevailing rate of wage to workers employed on a public works contract, including, but not limited to, reducing an employee’s regular rate of pay on any project that is not subject to ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage) in a manner that has the effect of offsetting the prevailing rate of wage on a public works project. [2003 c.794 §167; 2009 c.161 §4; 2017 c.334 §4]

Source: Section 279C.840 — Payment of prevailing rate of wage; posting of rates and fringe benefit plan provisions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 276a.323 — OR Code / Title 26 / Chapter 276a / Section 276a.323
276A.323 State agency coordination
Status: in_force

(1) As used in this section:

(a) “Executive department” has the meaning given that term in ORS 174.112 (“Executive department” defined) , except that “executive department” does not include:

(A) The Secretary of State.

(B) The State Treasurer.

(C) The Attorney General.

(D) The Oregon State Lottery.

(E) Public universities listed in ORS 352.002 (Public universities) .

(b) “State agency” means an agency, as defined in ORS 183.310 (Definitions for chapter) , in the executive department.

(2) All state agencies shall:

(a) Cooperate with the office of Enterprise Information Services in the implementation of a continuing statewide agency-by-agency risk-based information technology security assessment and remediation program.

(b) Cooperate in the development of, and follow, the plans, rules, policies and standards adopted by the State Chief Information Officer with regard to the unification of agency information technology security functions in this state.

(c) Conduct and document the completion of annual information technology security awareness training for all agency employees.

(d) Report security metrics using methodologies developed by the office of Enterprise Information Services.

(e) Participate in activities coordinated by the office of Enterprise Information Services in order to better understand and address security incidents and critical cybersecurity threats to the state.

(3) The State Chief Information Officer shall determine and allocate the costs to state agencies associated with providing information technology services, third-party security evaluations, vulnerability assessments and remediation measures. State agencies shall pay the costs to the State Chief Information Officer in the same manner as the state agency pays other claims. The State Chief Information Officer shall deposit into the State Information Technology Operating Fund established under ORS 276A.209 (State Information Technology Operating Fund) all moneys that the State Chief Information Officer receives from state agencies for purposes of providing information technology services and administering and enforcing the duties, functions and powers under this section. [2017 c.513 §2; 2021 c.17 §3]

Source: Section 276A.323 — State agency coordination , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276A.­html (accessed May 26, 2025).
ORS § 283.421 — OR Code / Title 26 / Chapter 283 / Section 283.421
283.421 Agency responsibility for abatement of asbestos
Status: in_force

Each agency shall take the necessary steps for abatement of asbestos in its facilities in conformance with the standards, plans and procedures approved by the Oregon Department of Administrative Services. Those steps shall include:

(1) Making inspections and providing information as requested by the department.

(2) Scheduling its structures for necessary abatement consistent with the department’s priorities.

(3) Contracting for or performing any necessary abatement in accordance with department standards, plans and procedures for abatement.

(4) Training appropriate agency employees to recognize and work safely with asbestos-containing materials to comply with applicable regulations of the Department of Consumer and Business Services and Department of Environmental Quality. [1989 c.1037 §4; 1993 c.744 §224]

Note: See note under 283.415 (Legislative findings) .

Source: Section 283.421 — Agency responsibility for abatement of asbestos , https://www.­oregonlegislature.­gov/bills_laws/ors/ors283.­html (accessed May 26, 2025).
ORS § 278.022 — OR Code / Title 26 / Chapter 278 / Section 278.022
278.022 Coverage of vessels
Status: in_force

In addition to any other coverage under this chapter, if a vessel which is the personal property of an agency or if property on any other vessel is damaged or destroyed as a direct result of collision with another vessel, striking any object, whether submerged or not, sinking, grounding, stranding, or other perils of the sea, the Oregon Department of Administrative Services shall pay the cost of restoring the vessel or property out of the Insurance Fund in an amount not to exceed the appraised value established pursuant to this chapter. If an agency’s vessel becomes disabled at sea for any reason, the department shall reimburse the agency from the Insurance Fund for the cost of towing the vessel to the nearest port where repairs can be accomplished. [1961 c.448 §11; 1965 c.140 §2; 1969 c.670 §6; 1975 c.609 §22; 1982 s.s.1 c.28 §2; 1985 c.731 §9; 1991 c.566 §2]

Source: Section 278.022 — Coverage of vessels , https://www.­oregonlegislature.­gov/bills_laws/ors/ors278.­html (accessed May 26, 2025).
ORS § 276a.236 — OR Code / Title 26 / Chapter 276a / Section 276a.236
276A.236 Enterprise information resources management
Status: in_force

(1) The purpose of enterprise information resources management is to create a plan and implement a state government-wide approach for managing distributed information technology assets to minimize total ownership costs from acquisition through retirement, while realizing maximum benefits for transacting the state’s business and delivering services to the residents of this state.

(2) With input and recommendations from state agencies, the State Chief Information Officer each biennium shall adopt an Enterprise Information Resources Management Strategy in accordance with ORS 276A.203 (State Chief Information Officer) . The Enterprise Information Resources Management Strategy must, among other functions, enable the State Chief Information Officer to manage and oversee distributed information technology assets throughout state government. The Enterprise Information Resources Management Strategy shall prescribe the state government-wide infrastructure and services for managing these assets. The State Chief Information Officer shall submit the Enterprise Information Resources Management Strategy to the Joint Legislative Committee on Information Management and Technology for review.

(3) Following review by the Joint Legislative Committee on Information Management and Technology, the State Chief Information Officer shall ensure state agency implementation of the Enterprise Information Resources Management Strategy, including the development of appropriate rules, policies and standards along with budget, resource and management plans that are necessary to implement the Enterprise Information Resources Management Strategy.

(4) State agencies shall participate in managing information technology assets in accordance with the Enterprise Information Resources Management Strategy and shall comply with the rules, policies and standards of the State Chief Information Officer.

(5) A state agency that implements an information technology initiative, as defined in ORS 276A.223 (Requirement that state agency or public corporation obtain quality management services when implementing information technology initiative) , that the State Chief Information Officer estimates will cost more than $1 million shall implement the information technology initiative under rules, policies and standards that the State Chief Information Officer develops, sets or adopts. The information technology initiative is subject to the State Chief Information Officer’s oversight and the State Chief Information Officer may require the state agency to obtain approval to implement the information technology initiative or may direct the state agency to stop or modify the implementation, cancel or modify a procurement related to the information technology initiative, modify the scope of the information technology initiative or take another action before awarding a public contract. After a state agency executes a public contract related to the information technology initiative, the State Chief Information Officer may direct the state agency to take any action in accordance with the terms and conditions of the public contract that the State Chief Information Officer deems necessary or advisable to administer and enforce the public contract, including directing the state agency to suspend performance or terminate the public contract in whole or in part. [Formerly 184.477]

Source: Section 276A.236 — Enterprise information resources management; adoption and implementation of strategy; state agency information technology initiatives costing more than $1 million , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276A.­html (accessed May 26, 2025).
ORS § 276a.346 — OR Code / Title 26 / Chapter 276a / Section 276a.346
276A.346 Secretary of State prohibited from using covered products
Status: in_force

(1) As used in this section:

(a) “Covered product” means any form of hardware, software or service provided by a covered vendor.

(b) “Covered vendor” means any of the following corporate entities, or any parent, subsidiary, affiliate or successor entity of the following corporate entities:

(A) Ant Group Co., Limited.

(B) ByteDance Limited.

(C) Huawei Technologies Company Limited.

(D) Kaspersky Lab.

(E) Tencent Holdings Limited.

(F) ZTE Corporation.

(c) “State information technology asset” means any form of hardware, software or service for data processing, office automation or telecommunications used directly by the office of the Secretary of State or used to a significant extent by a contractor in the performance of a contract with the office of the Secretary of State.

(2) Except as provided in subsection (4) of this section, the Secretary of State shall:

(a) Prohibit a covered product from being:

(A) Installed or downloaded onto a state information technology asset; or

(B) Used or accessed by a state information technology asset;

(b) Remove any covered product that is installed or downloaded onto a state information technology asset; and

(c) Implement all measures necessary to prevent the:

(A) Installation or download of a covered product onto a state information technology asset; or

(B) Use or access of a covered product by a state information technology asset.

(3) For any corporate entity that the State Chief Information Officer designates as a covered vendor under ORS 276A.344 (Policies and standards) , the secretary may:

(a) Prohibit a covered product from being:

(A) Installed or downloaded onto a state information technology asset; or

(B) Used or accessed by a state information technology asset;

(b) Remove any covered product that is installed or downloaded onto a state information technology asset; and

(c) Implement all measures necessary to prevent the:

(A) Installation or download of a covered product onto a state information technology asset; or

(B) Use or access of a covered product by a state information technology asset.

(4) If the secretary adopts risk mitigation standards and procedures related to the installation, download, use or access of a covered product, the secretary may, for investigatory, regulatory or law enforcement purposes, permit the:

(a) Installation or download of the covered product onto a state information technology asset; or

(b) Use or access of the covered product by a state information technology asset. [2023 c.256 §4]

Source: Section 276A.346 — Secretary of State prohibited from using covered products; risk mitigation; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276A.­html (accessed May 26, 2025).
ORS § 280.050 — OR Code / Title 26 / Chapter 280 / Section 280.050
280.050 Providing funds for financing cost of services, projects, property and equipment
Status: in_force

Funds may be obtained as prescribed in ORS 280.040 (Definitions for ORS 280.040 to 280.145) to 280.145 (Serial levy under former law) for the purpose of financing the cost of any service, project, property or equipment which a subdivision has lawful power to perform, construct or acquire, and of repairs and improvements thereto and of maintenance and replacement thereof. [Amended by 1967 c.203 §4]

Source: Section 280.050 — Providing funds for financing cost of services, projects, property and equipment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors280.­html (accessed May 26, 2025).
ORS § 280.415 — OR Code / Title 26 / Chapter 280 / Section 280.415
280.415 Legislative findings
Status: in_force

The Legislative Assembly finds that:

(1) Cities with a population of 70,000 or more should be granted the powers granted to the state by ORS 285B.320 (Purpose of ORS 285B.320 to 285B.371) to 285B.371 (State interest in eligible projects not necessary for loans) in order to reduce substantially within their boundaries the occurrence of economic conditions requiring more expensive remedial action. There exist in Oregon’s larger cities substantial adverse economic conditions requiring immediate remedial action. Such conditions include decreasing opportunities for gainful employment and lack of sites and facilities for orderly and necessary retail, commercial and industrial growth. Amelioration of these conditions is deemed a public purpose and the acquisition of property for such purpose is deemed a public use. To meet the needs of these cities it is necessary to grant them full authority to undertake and complete development and redevelopment projects, and to assist public and private organizations engaged in such projects, including the issuance of industrial or other nonrecourse revenue bonds. It is the purpose of ORS 280.410 (Definitions for ORS 280.410 to 280.485) to 280.485 (Effect of ORS 280.410 to 280.485 on powers of city) to authorize the exercise of such powers by cities with a population of 70,000 in addition to and not in lieu of any other powers such cities may possess.

(2) The lack of residential housing in the core and inner areas of Oregon’s larger cities also is a cause of adverse economic conditions. Development of housing in such areas can be a factor which contributes to orderly economic growth by providing decent housing for workers necessary to attract and promote desirable retail, commercial and industrial growth. Therefore it is also the purpose of ORS 280.410 (Definitions for ORS 280.410 to 280.485) to 280.485 (Effect of ORS 280.410 to 280.485 on powers of city) to permit cities with a population of 70,000 or more authority to issue revenue bonds for housing purposes. The Legislative Assembly, in granting this authority, intends to increase Oregon’s available housing stock. In exercising options under that authority, preference should be given by cities to those projects which add housing units through new construction or rehabilitation of nonresidential buildings. For low income single room occupancy housing, however, cities may renovate existing single room housing, convert nonresidential buildings or construct new buildings.

(3) Cities with a population of 70,000 or more suffer from a lack of available mortgage financing for the purchase of multiple unit homes in such cities. There is a need for a low-cost mortgage financing for multiple unit home purchasers in order to prevent urban decay and blight and to promote the economic well-being of those cities. [1977 c.772 §1; 1979 c.865 §2; 1981 c.368 §2; 2003 c.286 §2]

Source: Section 280.415 — Legislative findings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors280.­html (accessed May 26, 2025).
ORS § 276.625 — OR Code / Title 26 / Chapter 276 / Section 276.625
276.625 Authority to acquire options
Status: in_force

The Oregon Department of Administrative Services may acquire options, enter into earnest money agreements and enter into similar arrangements to obtain the right to acquire real property, any improvements erected upon the property and any appurtenances connected with the property. However, the department’s exercise of any rights under such an option, agreement or arrangement, shall be made contingent upon the department first obtaining the approval of the legislative review agency as defined in ORS 291.371 (Salary plan review by legislative review agency) . Before removing the contingency, the department shall first obtain the approval of the proposed purchase from the legislative review agency as defined in ORS 291.371 (Salary plan review by legislative review agency) . [1985 c.276 §2; 2016 c.117 §45]

Source: Section 276.625 — Authority to acquire options; contingency; legislative review agency approval , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 276a.230 — OR Code / Title 26 / Chapter 276a / Section 276a.230
276A.230 Definitions
Status: in_force

As used in ORS 276A.233 (Information technology portfolio-based management) and 276A.236 (Enterprise information resources management) :

(1) “Executive department” has the meaning given that term in ORS 174.112 (“Executive department” defined) .

(2) “Information technology” includes, but is not limited to, all present and future forms of hardware, software and services for data processing, office automation and telecommunications.

(3) “State agency” means a board, commission, department, division, office or other entity within the executive department of state government, except:

(a) The Secretary of State;

(b) The State Treasurer;

(c) The Oregon State Lottery; and

(d) A public university that is listed in ORS 352.002 (Public universities) . [Formerly 184.473]

Source: Section 276A.230 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276A.­html (accessed May 26, 2025).
ORS § 276.240 — OR Code / Title 26 / Chapter 276 / Section 276.240
276.240 Eminent domain procedure
Status: in_force

(1) In any condemnation proceedings under ORS 276.234 (Providing water and water power for public buildings and institutions) to 276.244 (Powers of department) , the practice, pleadings, forms and modes of procedure shall conform as near as may be applicable to the practice, pleading, forms and procedure prescribed for the appropriation of real property by private corporations in ORS chapter 35.

(2) When it appears that the Oregon Department of Administrative Services has offered the defendant, before commencing the action, an amount equal to or greater than that assessed by the jury, the state shall recover its costs and disbursements from the defendant.

(3) If condemnation proceedings are commenced, the department may, at the date of the commencement of the proceedings, take immediate possession of the real property, water and water rights, and watercourses and privileges mentioned in ORS 276.236 (Department may acquire land, water and water rights, watercourses, franchises and privileges) , or of so much of any or either thereof as may be necessary for the uses of the state, and continue in the possession and have and enjoy the use thereof during the pendency of the condemnation proceedings and until the final determination of the condemnation proceeding, including an appeal to the Court of Appeals if appeal is taken. The reasonable rental value for such time shall be assessed by the jury, if the case is tried before a jury, otherwise by the court. The defendant owner shall have judgment for such reasonable rental value, regardless of whether the condemnation proceedings are finally decided for or against the department. Such reasonable rental value shall be included in the general damages allowed by the court or jury. [Amended by 1979 c.562 §11]

Source: Section 276.240 — Eminent domain procedure; possession of property; rental value , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 276.072 — OR Code / Title 26 / Chapter 276 / Section 276.072
276.072 When written notice required for public improvement under lease purchase
Status: in_force

(1) No state agency shall influence or affect the design of any construction, reconstruction or renovation of a public improvement that the agency intends to lease-purchase without first giving written notice to the Oregon Department of Administrative Services of its intent to occupy or otherwise use the public improvement.

(2) Notice given to the department under subsection (1) of this section is a part of the public record of the state agency and the department. [1993 c.476 §1]

Note: 276.072 (When written notice required for public improvement under lease purchase) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 276 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 276.072 — When written notice required for public improvement under lease purchase; public record , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 283.085 — OR Code / Title 26 / Chapter 283 / Section 283.085
283.085 Definitions for ORS 283.085 to 283.092
Status: in_force

As used in ORS 283.085 (Definitions for ORS 283.085 to 283.092) to 283.092 (Effect of financing agreement on tax status) :

(1) “Available funds” means funds appropriated or otherwise made available by the Legislative Assembly to pay amounts due under a financing agreement for the fiscal period in which the payments are due, unexpended proceeds of the financing agreement and reserves or other amounts that have been deposited in trust to pay amounts due under the financing agreement.

(2) “Credit enhancement agreement” means any agreement or contractual relationship between the state and any bank, trust company, insurance company, surety bonding company, pension fund or other financial institution providing additional credit on or security for a financing agreement or certificates of participation authorized by ORS 283.085 (Definitions for ORS 283.085 to 283.092) to 283.092 (Effect of financing agreement on tax status) .

(3) “Financing agreement” means a lease purchase agreement, an installment sale agreement, a loan agreement or any other agreement:

(a) To finance real or personal property that is or will be owned and operated by the state or any of its agencies;

(b) To finance infrastructure, including but not limited to telecommunications systems, systems for water, sewage, electricity, steam or natural gas and other equipment or improvements that are necessary or appropriate to support a facility that is, or will be, owned or operated by the state;

(c) To finance infrastructure components that are, or will be, owned or operated by a local government agency of this state if the Director of the Oregon Department of Administrative Services determines that financing the infrastructure facilitates the construction or operation of an adult or juvenile corrections facility or a public safety training facility owned or operated by the state or any of its agencies;

(d) To finance all or a portion of the state’s pension liabilities for retirement, health care or disability benefits, in an amount that produces net proceeds that do not exceed the State Treasurer’s estimate of those liabilities based on information provided to the State Treasurer by the Public Employees Retirement System;

(e) To finance:

(A) The release of all or a portion of the Elliott State Forest from restrictions resulting from ownership of that forest by the Common School Fund; or

(B) Compensation paid to the Common School Fund for the preservation of noneconomic benefits of the forest through the imposition, transfer or sale of restrictions such as easements, use requirements or other methods that preserve noneconomic benefits of the forest for the public, including recreation, aesthetics, wildlife or habitat preservation or other environmental and quality of life considerations; or

(f) To refinance previously executed financing agreements.

(4) “Financing costs” means costs or expenses that the director determines are necessary or desirable in connection with entering into financing agreements and maintaining the certificate of participation program, including but not limited to payment of:

(a) Amounts due under financing agreements;

(b) Costs and obligations the director or any other agency of the state incurs in connection with the exercise of a power granted by ORS 283.085 (Definitions for ORS 283.085 to 283.092) to 283.092 (Effect of financing agreement on tax status) ; and

(c) Amounts due in connection with the investment of proceeds of financing agreements.

(5) “Personal property” means tangible personal property, software and fixtures.

(6) “Property rights” means, with respect to personal property, the rights of a secured party under ORS chapter 79, and, with respect to real property, the rights of a trustee or lender under a lease authorized by ORS 283.089 (Authority of Director of Oregon Department of Administrative Services regarding financing agreements) (1)(e).

(7) “Software” means software and training and maintenance contracts related to the operation of computing equipment. [1989 c.1032 §1; 1993 c.500 §39; 1997 c.715 §3; 2001 c.718 §3; 2003 c.746 §9; 2007 c.783 §94; 2013 c.767 §3; 2017 c.570 §8]

Note: The amendments to 283.085 (Definitions for ORS 283.085 to 283.092) by section 23, chapter 89, Oregon Laws 2022, become operative on January 1, 2024, only if certain conditions are met on or before December 31, 2023. See section 31, chapter 89, Oregon Laws 2022, as amended by section 1, chapter 225, Oregon Laws 2023 (third note following 530.520 (Use of receipts) ). 283.085 (Definitions for ORS 283.085 to 283.092) , as amended by section 23, chapter 89, Oregon Laws 2022, is set forth for the user’s convenience.

283.085 (Definitions for ORS 283.085 to 283.092) . As used in ORS 283.085 (Definitions for ORS 283.085 to 283.092) to 283.092 (Effect of financing agreement on tax status) :

(1) “Available funds” means funds appropriated or otherwise made available by the Legislative Assembly to pay amounts due under a financing agreement for the fiscal period in which the payments are due, unexpended proceeds of the financing agreement and reserves or other amounts that have been deposited in trust to pay amounts due under the financing agreement.

(2) “Credit enhancement agreement” means any agreement or contractual relationship between the state and any bank, trust company, insurance company, surety bonding company, pension fund or other financial institution providing additional credit on or security for a financing agreement or certificates of participation authorized by ORS 283.085 (Definitions for ORS 283.085 to 283.092) to 283.092 (Effect of financing agreement on tax status) .

(3) “Financing agreement” means a lease purchase agreement, an installment sale agreement, a loan agreement or any other agreement:

(a) To finance real or personal property that is or will be owned and operated by the state or any of its agencies;

(b) To finance infrastructure, including but not limited to telecommunications systems, systems for water, sewage, electricity, steam or natural gas and other equipment or improvements that are necessary or appropriate to support a facility that is, or will be, owned or operated by the state;

(c) To finance infrastructure components that are, or will be, owned or operated by a local government agency of this state if the Director of the Oregon Department of Administrative Services determines that financing the infrastructure facilitates the construction or operation of an adult or juvenile corrections facility or a public safety training facility owned or operated by the state or any of its agencies;

(d) To finance all or a portion of the state’s pension liabilities for retirement, health care or disability benefits, in an amount that produces net proceeds that do not exceed the State Treasurer’s estimate of those liabilities based on information provided to the State Treasurer by the Public Employees Retirement System;

(e) To finance:

(A) The release of all or a portion of the Elliott State Forest from restrictions resulting from ownership of that forest by the Common School Fund; or

(B) Compensation paid to the Common School Fund for the preservation of noneconomic benefits of the forest through the imposition, transfer or sale of restrictions such as easements, use requirements or other methods that preserve noneconomic benefits of the forest for the public, including recreation, aesthetics, wildlife or habitat preservation or other environmental and quality of life considerations;

(f) To finance capital projects or purchases related to owning, operating or administering the Elliott State Research Forest; or

(g) To refinance previously executed financing agreements.

(4) “Financing costs” means costs or expenses that the director determines are necessary or desirable in connection with entering into financing agreements and maintaining the certificate of participation program, including but not limited to payment of:

(a) Amounts due under financing agreements;

(b) Costs and obligations the director or any other agency of the state incurs in connection with the exercise of a power granted by ORS 283.085 (Definitions for ORS 283.085 to 283.092) to 283.092 (Effect of financing agreement on tax status) ; and

(c) Amounts due in connection with the investment of proceeds of financing agreements.

(5) “Personal property” means tangible personal property, software and fixtures.

(6) “Property rights” means, with respect to personal property, the rights of a secured party under ORS chapter 79, and, with respect to real property, the rights of a trustee or lender under a lease authorized by ORS 283.089 (Authority of Director of Oregon Department of Administrative Services regarding financing agreements) (1)(e).

(7) “Software” means software and training and maintenance contracts related to the operation of computing equipment.

Note: 283.085 (Definitions for ORS 283.085 to 283.092) to 283.092 (Effect of financing agreement on tax status) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 283 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 283.085 — Definitions for ORS 283.085 to 283.092 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors283.­html (accessed May 26, 2025).
ORS § 276a.276 — OR Code / Title 26 / Chapter 276a / Section 276a.276
276A.276 Ability to offer government services through portal
Status: in_force

(1) The State Chief Information Officer, with the advice of the Electronic Government Portal Advisory Board, shall provide the ability for state agencies to offer government services by means of an electronic government portal. The electronic government portal must be secure and must comply with the information security rules, policies and standards that the State Chief Information Officer adopts under ORS 276A.300 (Information systems security in executive department) and meet the usability standards developed in cooperation with the advisory board.

(2) For the purposes of subsection (1) of this section, the State Chief Information Officer, under the provisions of the Public Contracting Code, may contract with an electronic government portal provider in a manner that is consistent with the State Chief Information Officer’s rules, policies and standards.

(3) Intentionally left blank —Ed.

(a) The State Chief Information Officer may charge members of the public a portal provider fee, or may authorize an electronic government portal provider to charge a portal provider fee, for an electronic government service if the advisory board recommends that the State Chief Information Officer charge or authorize a portal provider fee for the electronic government service. The portal provider fee must reflect the costs incurred in hosting, operating, maintaining or implementing the electronic government portal.

(b) The State Chief Information Officer shall cooperate with the advisory board to identify the electronic government portals or governmental services to which the portal provider fee applies.

(4) The State Chief Information Officer may adopt rules to implement the provisions of this section.

(5) Not later than the beginning of each odd-numbered year regular legislative session, the State Chief Information Officer shall prepare and submit to the Legislative Assembly a report in the manner provided in ORS 192.245 (Form of report to legislature) that summarizes the State Chief Information Officer’s activities under the provisions of this section. [Formerly 182.132]

Source: Section 276A.276 — Ability to offer government services through portal; portal provider fee; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276A.­html (accessed May 26, 2025).
ORS § 276.062 — OR Code / Title 26 / Chapter 276 / Section 276.062
276.062 Disposition of buildings or improvements acquired for capitol area
Status: in_force

The Oregon Department of Administrative Services may sell, wreck or dispose of the buildings and improvements that exist, at the time of acquisition, on property acquired by the state for future expansion of the capitol area. [1953 c.67 §2; 1967 c.419 §59; 1969 c.199 §21; 1969 c.706 §26; 1977 c.598 §6]

Source: Section 276.062 — Disposition of buildings or improvements acquired for capitol area , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 279c.580 — OR Code / Title 26 / Chapter 279c / Section 279c.580
279C.580 Contractor’s relations with subcontractors
Status: in_force

(1) 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.

(2) A dispute between a contractor and first-tier subcontractor relating to the amount or entitlement of a first-tier subcontractor to a payment or a late payment interest penalty under a clause included in the subcontract under subsection (3) or (4) of this section does not constitute a dispute to which the contracting agency is a party. The contracting agency may not be included as a party in any administrative or judicial proceeding involving such a dispute.

(3) Each public improvement contract awarded by a contracting agency must include a clause that requires the contractor to include in each subcontract for property or services the contractor enters into with a first-tier subcontractor, including a material supplier, for the purpose of performing a construction contract:

(a) A payment clause that obligates the contractor to pay the first-tier subcontractor for satisfactory performance under the subcontract within 10 days out of amounts the contracting agency pays to the contractor under the public improvement contract.

(b) A clause that requires the contractor to provide a first-tier subcontractor with a standard form that the first-tier subcontractor may use as an application for payment or as another method by which the subcontractor may claim a payment due from the contractor.

(c) A clause that requires the contractor, except as otherwise provided in this paragraph, to use the same form and regular administrative procedures for processing payments during the entire term of the subcontract. A contractor may change the form or the regular administrative procedures the contractor uses for processing payments if the contractor:

(A) Notifies the subcontractor in writing at least 45 days before the date on which the contractor makes the change; and

(B) Includes with the written notice a copy of the new or changed form or a description of the new or changed procedure.

(d) An interest penalty clause that obligates the contractor, if the contractor does not pay the first-tier subcontractor within 30 days after receiving payment from the contracting agency, to pay the first-tier subcontractor an interest penalty on amounts due in each payment the contractor does not make in accordance with the payment clause included in the subcontract under paragraph (a) of this subsection. A contractor or first-tier subcontractor is not obligated to pay an interest penalty if the only reason that the contractor or first-tier subcontractor did not make payment when payment was due is that the contractor or first-tier subcontractor did not receive payment from the contracting agency or contractor when payment was due. The interest penalty:

(A) Applies to the period that begins on the day after the required payment date and that ends on the date on which the amount due is paid; and

(B) Is computed at the rate specified in ORS 279C.515 (Conditions concerning payment of claims by public officers, payment to persons furnishing labor or materials and complaints) (2).

(4) A public improvement contract that the contracting agency awards shall obligate the contractor, in each of the contractor’s subcontracts, to require the first-tier subcontractor to include a payment clause and an interest penalty clause that conforms to the standards of subsection (3) of this section in each of the first-tier subcontractor’s subcontracts and to require each of the first-tier subcontractor’s subcontractors to include such clauses in the first-tier subcontractors’ subcontracts with each lower-tier subcontractor or supplier.

(5) Intentionally left blank —Ed.

(a) The clauses required by subsections (3) and (4) of this section do not impair the right of a contractor or a subcontractor at any tier to negotiate, and to include in the subcontract, provisions that:

(A) Permit the contractor or a subcontractor to retain, in the event of a good faith dispute, an amount not to exceed 150 percent of the amount in dispute from the amount due a subcontractor under the subcontract without incurring any obligation to pay a late payment interest penalty, in accordance with terms and conditions the parties to the subcontract agree upon, giving such recognition as the parties consider appropriate to the ability of a subcontractor to furnish a performance bond and a payment bond;

(B) Permit the contractor or subcontractor to make a determination that part or all of the subcontractor’s request for payment may be withheld in accordance with the subcontract; and

(C) Permit such withholdings without incurring any obligation to pay a late payment interest penalty if:

(i) A notice that conforms to the standards of subsection (8) of this section has been previously furnished to the subcontractor; and

(ii) A copy of any notice a contractor issues under sub-subparagraph (i) of this subparagraph has been furnished to the contracting agency.

(b) As used in this subsection, “good faith dispute” means a documented dispute concerning:

(A) Unsatisfactory job progress.

(B) Defective work not remedied.

(C) Third-party claims filed or reasonable evidence that claims will be filed.

(D) Failure to make timely payments for labor, equipment and materials.

(E) Damage to the contractor or subcontractor.

(F) Reasonable evidence that the subcontract cannot be completed for the unpaid balance of the subcontract sum.

(6) If, after applying to a contracting agency for payment under a public improvement contract but before paying a subcontractor for the subcontractor’s performance covered by the application, a contractor discovers that all or a portion of the payment otherwise due the subcontractor is subject to withholding from the subcontractor in accordance with the subcontract, the contractor shall:

(a) Furnish to the subcontractor a notice conforming to the standards of subsection (8) of this section as soon as practicable after ascertaining the cause for the withholding, but before the due date for payment to the subcontractor;

(b) Furnish to the contracting agency, as soon as practicable, a copy of the notice furnished to the subcontractor under paragraph (a) of this subsection;

(c) Reduce the progress payment to the subcontractor by an amount not to exceed the amount specified in the notice of withholding furnished under paragraph (a) of this subsection;

(d) Pay the subcontractor as soon as practicable after the correction of the identified subcontract performance deficiency;

(e) Make such payment within:

(A) Seven days after correction of the identified subcontract performance deficiency unless the funds for the payment must be recovered from the contracting agency because of a reduction under paragraph (f)(A) of this subsection; or

(B) Seven days after the contractor recovers the funds from the contracting agency;

(f) Notify the contracting agency upon:

(A) Reduction of the amount of any subsequent certified application for payment; or

(B) Payment to the subcontractor of any withheld amounts of a progress payment, specifying:

(i) The amounts of the progress payments withheld under paragraph (a) of this subsection; and

(ii) The dates on which the withholding began and ended; and

(g) Be obligated to pay to the contracting agency an amount equal to interest on the withheld payments computed in the manner provided in ORS 279C.570 (Prompt payment policy) from the 11th day after receiving the withheld amounts from the contracting agency until:

(A) The day the identified subcontractor performance deficiency is corrected; or

(B) The date that any subsequent payment is reduced under paragraph (f)(A) of this subsection.

(7) Intentionally left blank —Ed.

(a) If a contractor, after paying a first-tier subcontractor, receives from a supplier or subcontractor of the first-tier subcontractor a written notice asserting a deficiency in the first-tier subcontractor’s performance under the public improvement contract for which the contractor may be ultimately liable and the contractor determines that all or a portion of future payments otherwise due the first-tier subcontractor is subject to withholding in accordance with the subcontract, the contractor may, without incurring an obligation to pay a late payment interest penalty under subsection (6)(e) of this section:

(A) Furnish to the first-tier subcontractor a notice that conforms to the standards of subsection (8) of this section as soon as practicable after making the determination; and

(B) Withhold from the first-tier subcontractor’s next available progress payment or payments an amount not to exceed the amount specified in the notice of withholding furnished under subparagraph (A) of this paragraph.

(b) As soon as practicable, but not later than 10 days after receiving satisfactory written notice that the identified subcontract performance deficiency has been corrected, the contractor shall pay the amount withheld under paragraph (a)(B) of this subsection to the first-tier subcontractor, or shall incur an obligation to pay a late payment interest penalty to the first-tier subcontractor computed at the rate specified in ORS 279C.570 (Prompt payment policy) .

(8) A written notice of any withholding must be issued to a subcontractor, with a copy to the contracting agency, that specifies:

(a) The amount to be withheld;

(b) The specified causes for the withholding under the terms of the subcontract; and

(c) The remedial actions the subcontractor must take in order to receive payment of the amounts withheld.

(9) Except as provided in subsection (2) of this section, this section does not limit or impair any contractual, administrative or judicial remedies otherwise available to a contractor or a subcontractor in the event of a dispute involving a contractor’s late payment or nonpayment or a subcontractor’s deficient performance or nonperformance.

(10) A contractor’s obligation to pay a late payment interest penalty to a subcontractor under the clause included in a subcontract under subsection (3) or (4) of this section is not an obligation of the contracting agency. A contract modification may not be made for the purpose of providing reimbursement of a late payment interest penalty. A cost reimbursement claim may not include any amount for reimbursement of a late payment interest penalty. [2003 c.794 §151; 2005 c.103 §34; 2012 c.4 §2]

Source: Section 279C.580 — Contractor’s relations with subcontractors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 279c.810 — OR Code / Title 26 / Chapter 279c / Section 279c.810
279C.810 Exemptions
Status: in_force

(1) As used in this section:

(a) “Funds of a public agency” does not include:

(A) 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;

(B) Building and development permit fees paid or waived by the public agency;

(C) Tax credits or tax abatements;

(D) Land that a public agency sells to a private entity at fair market value;

(E) The difference between:

(i) The value of land that a public agency sells to a private entity as determined at the time of the sale after taking into account any plan, requirement, covenant, condition, restriction or other limitation, exclusive of zoning or land use regulations, that the public agency imposes on the development or use of the land; and

(ii) The fair market value of the land if the land is not subject to the limitations described in sub-subparagraph (i) of this subparagraph;

(F) Staff resources of the public agency used to manage a project or to provide a principal source of supervision, coordination or oversight of a project;

(G) Staff resources of the public agency used to design or inspect one or more components of a project;

(H) Moneys derived from the sale of bonds that are loaned by a state agency to a private entity, unless the moneys will be used for a public improvement;

(I) Value added to land as a consequence of a public agency’s site preparation, demolition of real property or remediation or removal of environmental contamination, except for value added in excess of the expenses the public agency incurred in the site preparation, demolition or remediation or removal when the land is sold for use in a project otherwise subject to ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage) ; or

(J) Bonds, or loans from the proceeds of bonds, issued in accordance with ORS chapter 289 or ORS 441.525 (Definitions for ORS 441.525 to 441.595) to 441.595 (Construction of ORS 441.525 to 441.595) , unless the bonds or loans will be used for a public improvement.

(b) “Nonprofit organization” means an organization or group of organizations described in section 501(c)(3) of the Internal Revenue Code that is exempt from income tax under section 501(a) of the Internal Revenue Code.

(2) ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage) do not apply to:

(a) Projects for which the contract price does not exceed $50,000. In determining the price of a project, a public agency:

(A) May not include the value of donated materials or work performed on the project by individuals volunteering to the public agency without pay; and

(B) Shall include the value of work performed by every person paid by a contractor or subcontractor in any manner for the person’s work on the project.

(b) Projects for which no funds of a public agency are directly or indirectly used. In accordance with ORS chapter 183, the Commissioner of the Bureau of Labor and Industries shall adopt rules to carry out the provisions of this paragraph.

(c) Projects:

(A) That are privately owned;

(B) That use funds of a private entity;

(C) In which less than 25 percent of the square footage of a completed project will be occupied or used by a public agency; and

(D) For which less than $750,000 of funds of a public agency are used.

(d) Projects for residential construction that are privately owned and that predominantly provide affordable housing. As used in this paragraph:

(A) “Affordable housing” means housing that serves occupants whose incomes are no greater than 60 percent of the area median income or, if the occupants are owners, whose incomes are no greater than 80 percent of the area median income.

(B) “Predominantly” means 60 percent or more.

(C) “Privately owned” includes:

(i) Affordable housing provided on real property owned by a public agency if the real property and related structures are leased to a private entity for 50 or more years; and

(ii) Affordable housing owned by a partnership, nonprofit corporation or limited liability company in which a housing authority, as defined in ORS 456.005 (Definitions for ORS chapters 456 and 458) , is a general partner, director or managing member and the housing authority is not a majority owner in the partnership, nonprofit corporation or limited liability company.

(D) “Residential construction” includes the construction, reconstruction, major renovation or painting of single-family houses or apartment buildings not more than four stories in height and all incidental items, such as site work, parking areas, utilities, streets and sidewalks, pursuant to the United States Department of Labor’s “All Agency Memorandum No. 130: Application of the Standard of Comparison “Projects of a Character Similar” Under Davis-Bacon and Related Acts,” dated March 17, 1978. However, the commissioner may consider different definitions of residential construction in determining whether a project is a residential construction project for purposes of this paragraph, including definitions that:

(i) Exist in local ordinances or codes; or

(ii) Differ, in the prevailing practice of a particular trade or occupation, from the United States Department of Labor’s description of residential construction. [2003 c.794 §172; 2005 c.153 §1; 2005 c.360 §8; 2007 c.764 §35]

Source: Section 279C.810 — Exemptions; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 278.150 — OR Code / Title 26 / Chapter 278 / Section 278.150
278.150 Special Liability Revolving Fund
Status: in_force

(1) The Oregon Department of Administrative Services may draw a warrant on the State Treasury for the sum of $75,000 payable out of the Insurance Fund. The amount drawn shall be credited to a Special Liability Revolving Fund which shall be carried with the State Treasury, separate and distinct from the General Fund, and shall be used by the department when it is necessary or desirable to make immediate payments on liability claims. Interest earned by the fund shall be credited to the fund.

(2) The department shall file at least once each month a verified voucher covering current disbursements from the Special Liability Revolving Fund. The voucher shall be accompanied by an itemized statement showing the names of the persons, firms or corporations to whom and the purposes for which the disbursements were made.

(3) Upon receipt of the voucher, the department shall draw a warrant on the State Treasury in favor of the department payable out of the Insurance Fund. The amount drawn shall be deposited in the Special Liability Revolving Fund and shall be for a sum sufficient only to replenish the Special Liability Revolving Fund. [1981 c.109 §20; 1985 c.731 §17; 1989 c.966 §12; 1993 c.500 §28]

Note: 278.150 (Special Liability Revolving Fund) was added to and made a part of ORS chapter 278 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 278.150 — Special Liability Revolving Fund; accounting for moneys disbursed , https://www.­oregonlegislature.­gov/bills_laws/ors/ors278.­html (accessed May 26, 2025).
ORS § 279a.120 — OR Code / Title 26 / Chapter 279a / Section 279a.120
279A.120 Preference for Oregon goods and services
Status: in_force

(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 stated in the bid whether the bidder is a “resident bidder” under this paragraph.

(2) For the purposes of awarding a public contract, a contracting agency shall:

(a) Give preference to goods or services that have been manufactured or produced in this state if price, fitness, availability and quality are otherwise equal; and

(b) Add a percent increase to the bid of a nonresident bidder equal to the percent, if any, of the preference given to the bidder in the state in which the bidder resides.

(3) When a public contract is awarded to a nonresident bidder and the contract price exceeds $10,000, the bidder shall promptly report to the Department of Revenue on forms to be provided by the department the total contract price, terms of payment, length of contract and such other information as the department may require before the bidder may receive final payment on the public contract. The contracting agency shall satisfy itself that the requirement of this subsection has been complied with before the contracting agency issues a final payment on a public contract.

(4) The Oregon Department of Administrative Services on or before January 1 of each year shall publish a list of states that give preference to in-state bidders with the percent increase applied in each state. A contracting agency may rely on the names of states and percentages so published in determining the lowest responsible bidder without incurring any liability to any bidder. [2003 c.794 §16]

Source: Section 279A.120 — Preference for Oregon goods and services; nonresident bidders , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279A.­html (accessed May 26, 2025).
ORS § 282.990 — OR Code / Title 26 / Chapter 282 / Section 282.990
282.990 Penalties
Status: in_force

The provisions of ORS 291.990 (Penalties) apply to ORS 282.020 (Control of state printing and printing purchases) and 282.050 (Multiple duplication work) . Any violation of ORS 282.040 (Charges for printing by department) , 282.050 (Multiple duplication work) and 282.060 (Exception to application of state laws where federal funds are involved) shall, upon conviction, be punished as prescribed in ORS 291.990 (Penalties) .

Source: Section 282.990 — Penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors282.­html (accessed May 26, 2025).
ORS § 276a.335 — OR Code / Title 26 / Chapter 276a / Section 276a.335
276A.335 Moneys from federal government and other sources
Status: in_force

(1) The State Chief Information Officer may accept from the United States Government or any of its agencies any funds that are made available to the state for carrying out the purposes of ORS 276A.323 (State agency coordination) to 276A.335 (Moneys from federal government and other sources) , 276A.555 (Oregon Cybersecurity Center of Excellence) and 276A.560 (Oregon Cybersecurity Advisory Council) , regardless of whether the funds are made available by grant, loan or other financing arrangement. Under the authority granted by ORS chapter 190, the State Chief Information Officer may enter into agreements and other arrangements with the United States Government or any of its agencies as may be necessary, proper and convenient for carrying out the purposes of ORS 276A.323 (State agency coordination) to 276A.335 (Moneys from federal government and other sources) , 276A.555 (Oregon Cybersecurity Center of Excellence) and 276A.560 (Oregon Cybersecurity Advisory Council) .

(2) The office of Enterprise Information Services may accept from any source any grant, donation, gift or other form of conveyance of land, money, real or personal property or other valuable thing made to the state or the office of Enterprise Information Services for carrying out the purposes of ORS 276A.323 (State agency coordination) to 276A.335 (Moneys from federal government and other sources) , 276A.555 (Oregon Cybersecurity Center of Excellence) and 276A.560 (Oregon Cybersecurity Advisory Council) .

(3) Any cybersecurity initiative, consistent with the purposes of ORS 276A.323 (State agency coordination) to 276A.335 (Moneys from federal government and other sources) , 276A.555 (Oregon Cybersecurity Center of Excellence) and 276A.560 (Oregon Cybersecurity Advisory Council) , may be financed in whole or in part by contributions of any funds or property made by any private entity or unit of government that is a party to any agreement entered into under the authority of the office of Enterprise Information Services.

(4) The State Chief Information Officer shall deposit into the State Information Technology Operating Fund established under ORS 276A.209 (State Information Technology Operating Fund) all moneys received under this section. [2017 c.513 §6; 2021 c.17 §5]

Source: Section 276A.335 — Moneys from federal government and other sources , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276A.­html (accessed May 26, 2025).
ORS § 279c.537 — OR Code / Title 26 / Chapter 279c / Section 279c.537
279C.537 Condition concerning use of diesel engines in motor vehicles used in performing certain public improvement contracts
Status: in_force

(1) As used in this section, “diesel engine,” “nonroad diesel engine” and “motor vehicle” have the meanings given those terms in ORS 468A.795 (Definitions) .

(2) 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 powered by nonroad diesel engines used on site and in the course of performing the contract to be:

(a) Motor vehicles powered by model year 2010 or newer diesel engines; and

(b) Equipment powered by nonroad diesel engines, whether or not capable of being powered by alternative fuel, that meet or exceed United States Environmental Protection Agency Tier 4 exhaust emission standards for nonroad compression ignition engines.

(3) Subsection (2) of this section applies only to a public improvement contract for a public improvement:

(a) With a value of $20 million or more;

(b) For which the contracting agency is a state contracting agency; and

(c) If the public improvement is located within Multnomah, Clackamas or Washington County.

(4) Intentionally left blank —Ed.

(a) The Department of Environmental Quality may by order establish minimum standards for contract specifications relating to the use of diesel engines in the course of performing a public improvement contract by a state contracting agency. In establishing standards under this subsection, the department shall take into consideration methods for assisting contractors certified, under ORS 200.055 (Certification as disadvantaged business enterprise, minority-owned business, woman-owned business, veteran-owned business or emerging small business) , as disadvantaged business enterprises, minority-owned businesses, women-owned businesses, veteran-owned businesses or emerging small businesses in complying with the minimum standards for contract specifications.

(b) The Director of Transportation, the Director of the Oregon Department of Administrative Services and the Attorney General may adopt rules for contract specifications relating to the use of diesel engines on site and in the course of performing a public improvement contract by a state contracting agency. In adopting rules under this paragraph, the directors and the Attorney General shall consider the minimum standards established by the Department of Environmental Quality under paragraph (a) of this subsection.

(c) As an alternative to meeting the requirements of subsection (2) of this section, a public improvement contract subject to subsection (2) of this section may include contract specifications that meet the minimum standards applicable to the public improvement contract under rules adopted pursuant to paragraph (b) of this subsection. [2019 c.645 §18; 2023 c.497 §15]

Note: 279C.537 (Condition concerning use of diesel engines in motor vehicles used in performing certain public improvement contracts) was added to and made a part of the Public Contracting Code by legislative action but was not added to ORS chapter 279C or any series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 279C.537 — Condition concerning use of diesel engines in motor vehicles used in performing certain public improvement contracts; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 276.222 — OR Code / Title 26 / Chapter 276 / Section 276.222
276.222 Contracting to purchase services and use facilities
Status: in_force

The Oregon Department of Administrative Services may:

(1) Contract with any person for the furnishing of heat, light, power, telephone, telegraph or radio, or either or all thereof, for any of the purposes mentioned in ORS 276.210 (Definition for ORS 276.210 to 276.228) to 276.228 (Approval of claims) .

(2) Enter into any necessary contract or agreement with any person for the exclusive use, joint use or common use of any facilities, structures or equipment needful, convenient or necessary to enable the state to carry out any of the provisions of ORS 276.210 (Definition for ORS 276.210 to 276.228) to 276.228 (Approval of claims) .

Source: Section 276.222 — Contracting to purchase services and use facilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 279a.150 — OR Code / Title 26 / Chapter 279a / Section 279a.150
279A.150 Procurement of goods containing recycled polyethylene material
Status: in_force

(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 containing recycled PETE, as well as other recycled plastic resin supplies and materials. [2003 c.794 §20]

Note: Sections 44 and 61 (4), chapter 681, Oregon Laws 2021, provide:

Sec. 44. (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.010 (Definitions for Public Contracting Code) . The assessment must include:

(a) An evaluation of procurement practices under ORS chapters 279A and 279B related to recycled materials, including efficacy and compliance;

(b) A quantitative evaluation of the impact and effectiveness of the five percent price limitation described in ORS 279A.125 (Preference for recycled materials) (2)(d);

(c) A feasibility study of additional opportunities to increase the purchase of products containing post-consumer recycled content, including but not limited to products containing post-consumer recycled PETE and other plastics;

(d) An evaluation of opportunities for strengthening traceability and verification requirements associated with recycled products or recycled materials, especially recycled plastic; and

(e) Recommendations for legislation.

(2) The Oregon Department of Administrative Services shall provide the results of the assessment in a report to the appropriate interim committees of the Legislative Assembly in the manner provided under ORS 192.245 (Form of report to legislature) . The department shall revise the initial assessment completed under this section every five years. [2021 c.681 §44]

Sec. 61. (4) The Oregon Department of Administrative Services shall complete the first assessment required by section 44 of this 2021 Act no later than May 15, 2024. [2021 c.681 §61(4)]

Source: Section 279A.150 — Procurement of goods containing recycled polyethylene material , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279A.­html (accessed May 26, 2025).
ORS § 279a.265 — OR Code / Title 26 / Chapter 279a / Section 279a.265
279A.265 Use of Oregon Department of Administrative Services Operating Fund
Status: in_force

(1) In addition to the other purposes for which the Oregon Department of Administrative Services Operating Fund established under ORS 283.076 (Oregon Department of Administrative Services Operating Fund) may be used, the fund hereby is appropriated continuously for and may be used for the purposes of this section and ORS 279A.260 (Powers and duties of department) . All claims approved by the Oregon Department of Administrative Services for the purposes of this section and ORS 279A.260 (Powers and duties of department) shall be paid as provided in ORS 293.295 (When claim against moneys in State Treasury may be paid) to 293.462 (Payment of overdue account charges) . The department shall draw warrants on the State Treasurer for the payment thereof payable out of the fund. All moneys received under ORS 279A.260 (Powers and duties of department) shall be paid by the department to the State Treasurer for credit to the fund.

(2) The Director of the Oregon Department of Administrative Services may distribute in the form of cash dividends accumulated surpluses in the fund that arise because the charges collected from donees are in excess of the amount necessary to keep the activities under this section and ORS 279A.260 (Powers and duties of department) on a self-sustaining basis. The director shall pay the cash dividends to the donees referred to in ORS 279A.260 (Powers and duties of department) (1). Any dividend paid under this subsection shall be based on the ratio of the charges collected from each donee during the preceding fiscal year to the total charges collected from all donees for the fiscal year immediately preceding the fiscal year in which the dividend is authorized to be paid.

(3) Upon termination by the Governor of the functions of the department under ORS 279A.260 (Powers and duties of department) , any balance remaining in the fund that is attributable to the activities under this section and ORS 279A.260 (Powers and duties of department) shall be refunded pro rata to the donees referred to in ORS 279A.260 (Powers and duties of department) (1) upon the basis of the total charges collected from each donee during the preceding fiscal year, unless the director determines that the cost of making the refund is excessive, in which case the unrefunded moneys shall be paid to the Treasurer of the United States. [2003 c.794 §39]

Source: Section 279A.265 — Use of Oregon Department of Administrative Services Operating Fund; cash dividends , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279A.­html (accessed May 26, 2025).
ORS § 279a.803 — OR Code / Title 26 / Chapter 279a / Section 279a.803
279A.803 Requirements for qualified projects funded with moneys from American Rescue Plan Act of 2021
Status: in_force

(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 wage;

(b) Employ apprentices to perform 15 percent of the work hours that workers in apprenticeable occupations perform under the contract, in a manner consistent with the apprentices’ respective apprenticeship training programs;

(c) Establish and execute a plan for outreach, recruitment and retention of women, minority individuals and veterans to perform work under the contract, with the aspirational target of having at least 15 percent of total work hours performed by individuals in one or more of those groups; and

(d) Require any subcontractor engaged by the contractor to abide by the requirements set forth in paragraphs (a), (b) and (c) of this subsection, if the work to be performed under the subcontract has an estimated cost of $200,000 or greater.

(2) The requirements of subsection (1) of this section do not apply to a contract for a qualified project if the public body carrying out the qualified project demonstrates to the Oregon Department of Administrative Services that:

(a) The qualified project is primarily located in a county that is characterized as nonmetropolitan by the United States Office of Management and Budget; and

(b) Compliance with the requirements would, with respect to the contract:

(A) Cause significant expense or delay; or

(B) Limit the pool of bidders to fewer than three.

(3) As used in this section:

(a) “Apprentice” has the meaning given that term in ORS 660.010 (Definitions for ORS 660.002 to 660.210) .

(b) “Apprenticeable occupation” has the meaning given that term in ORS 660.010 (Definitions for ORS 660.002 to 660.210) .

(c) “Apprenticeship training program” means the total system of apprenticeship that a particular local joint committee, as defined in ORS 660.010 (Definitions for ORS 660.002 to 660.210) , operates, including the local joint committee’s registered standards and all other terms and conditions for qualifying, recruiting, selecting, employing and training apprentices in an apprenticeable occupation.

(d) “Minority individual” has the meaning given that term in ORS 200.005 (Definitions) .

(e) “Prevailing rate of wage” has the meaning given that term in ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) .

(f) “Public body” has the meaning given that term in ORS 174.109 (“Public body” defined) .

(g) “Qualified project” means a project:

(A) For capital improvements to water, sewer, broadband or transportation infrastructure;

(B) That has an estimated project cost of at least $10 million; and

(C) That utilizes at least $750,000 of moneys made available to the state under the American Rescue Plan Act of 2021 (P.L. 117-2).

(h) “Veteran” has the meaning given that term in ORS 408.225 (Definitions for ORS 408.225 to 408.237) .

(i) “Woman” has the meaning given that term in ORS 200.005 (Definitions) . [2021 c.678 §17]

Note: 279A.803 (Requirements for qualified projects funded with moneys from American Rescue Plan Act of 2021) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 279A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 279A.803 — Requirements for qualified projects funded with moneys from American Rescue Plan Act of 2021; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279A.­html (accessed May 26, 2025).
ORS § 279a.020 — OR Code / Title 26 / Chapter 279a / Section 279a.020
279A.020 Organization of Public Contracting Code
Status: in_force

(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 (Contracts for construction other than public improvements) , public contracting involving public improvements and other construction services is subject to this chapter and ORS chapter 279C, but not ORS chapter 279B.

(3) Public contracting involving architects, engineers, photogrammetrists, transportation planners, land surveyors and related services is subject to this chapter and ORS chapter 279C, but not ORS chapter 279B.

(4) Except as provided in ORS 279C.320 (Contracts for construction other than public improvements) , all other public contracting is subject to this chapter and ORS chapter 279B, but not ORS chapter 279C. [2003 c.794 §4; 2005 c.103 §2; 2011 c.458 §9]

Source: Section 279A.020 — Organization of Public Contracting Code , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279A.­html (accessed May 26, 2025).
ORS § 276.412 — OR Code / Title 26 / Chapter 276 / Section 276.412
276.412 Payment of rent by state agencies
Status: in_force

(1) Each month the Oregon Department of Administrative Services may bill state agencies to which quarters in any state building have been assigned an amount fixed by the department as rent for the preceding month for the quarters assigned to such agencies.

(2) Moneys so collected shall be deposited in the Oregon Department of Administrative Services Operating Fund.

(3) This section applies to quarters occupied by the Department of State Lands and to quarters leased with option to purchase or under installment purchase agreement under ORS 276.429 (Leases) (1). [Amended by 1959 c.289 §1; 1967 c.33 §2; 1967 c.454 §95; 1969 c.199 §40; 1969 c.706 §55; 1977 c.598 §15; 1981 c.491 §2; 2005 c.755 §10]

Source: Section 276.412 — Payment of rent by state agencies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).