ORS § 276a.342 — OR Code / Title 26 / Chapter 276a / Section 276a.342
276A.342 State agencies prohibited from using covered products
Status: in_force

(1) A covered product may not be:

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

(b) Used or accessed by a state information technology asset.

(2) A state agency shall:

(a) Remove any covered product that is installed or downloaded onto a state information technology asset that is under the management or control of the state agency; and

(b) Implement all measures necessary to prevent the:

(A) Installation or download of a covered product onto a state information technology asset that is under the management or control of the state agency; or

(B) Use or access of a covered product by a state information technology asset that is under the management or control of the state agency.

(3) Intentionally left blank —Ed.

(a) Notwithstanding subsections (1) and (2) of this section, a state agency may, for investigatory, regulatory or law enforcement purposes, permit 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.

(b) A state agency that permits the installation, download, use or access of a covered product under this subsection shall adopt risk mitigation standards and procedures related to the installation, download, use or access of the covered product.

(4) The State Chief Information Officer shall coordinate with and oversee state agencies to implement the provisions of this section in accordance with the policies and standards adopted under ORS 276A.344 (Policies and standards) (3). [2023 c.256 §2]

Source: Section 276A.342 — State agencies prohibited from using covered products; risk mitigation; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276A.­html (accessed May 26, 2025).
ORS § 276.915 — OR Code / Title 26 / Chapter 276 / Section 276.915
276.915 Energy design requirements
Status: in_force

(1) An authorized state agency may construct or renovate a facility only if the authorized state agency determines that the design incorporates all reasonable cost-effective energy conservation measures and alternative energy systems. The determination by the authorized state agency shall include consideration of indoor air quality issues and operation and maintenance costs.

(2) Whenever an authorized state agency determines that a major facility is to be constructed or renovated, the authorized state agency shall cause to be included in the design phase of the construction or renovation a provision that requires an energy consumption analysis to be prepared for the facility under the direction of a professional engineer or registered architect or under the direction of a person that is prequalified in accordance with this section. The authorized state agency and the State Department of Energy shall agree to the list of energy conservation measures and alternative energy systems that the energy consumption analysis will include. The energy consumption analysis and facility design shall be delivered to the State Department of Energy during the design development phase of the facility design. The State Department of Energy shall review the energy consumption analysis and forward its findings to the authorized state agency within 10 working days after receiving the energy consumption analysis, if practicable.

(3) The State Department of Energy, in consultation with authorized state agencies, shall adopt rules to carry out the provisions of ORS 276.900 (Policy) to 276.915 (Energy design requirements) . These rules shall:

(a) Include a simplified and usable method for determining which energy conservation measures and alternative energy systems are cost-effective. The method shall reflect the energy costs of the utility serving the facility.

(b) Prescribe procedures for determining if a facility design incorporates all reasonable cost-effective energy conservation measures and alternative energy systems.

(c) Establish fees through which an authorized state agency will reimburse the State Department of Energy for the department’s review of energy consumption analyses and facility designs and the department’s reporting tasks. The fees imposed may not exceed 0.2 percent of the capital construction cost of the facility and must be included in the energy consumption analysis required in subsection (2) of this section. The State Department of Energy may provide for a waiver of fees and reviews if the authorized state agency demonstrates that the facility will be designed and constructed in a manner that incorporates only cost-effective energy conservation measures or in a manner that exceeds the energy conservation provisions of the state building code by 20 percent or more.

(d) Periodically define highly efficient facilities. A facility constructed or renovated after June 30, 2001, shall exceed the energy conservation provisions of the state building code by 20 percent or more, unless otherwise required by rules adopted under this section.

(e) Establish guidelines for implementing subsection (4) of this section.

(f) Establish guidelines for incorporating energy efficiency requirements into lease agreements of 10 or more years to be phased in as current lease agreements expire or as new lease agreements are entered into, allowing reasonable time for the owner to implement the requirements of this section.

(g) Establish criteria by which the State Department of Energy determines that a person is prequalified to perform work in accordance with this section.

(4) Before June 30, 2015, an authorized state agency shall reduce the total amount of energy the authorized state agency uses in the authorized state agency’s owned facilities by at least 20 percent from a baseline amount the State Department of Energy determines by rule based on usage in calendar year 2000.

(5) An authorized state agency shall report annually to the State Department of Energy concerning energy use in the authorized state agency’s facilities. The State Department of Energy shall specify by rule the form and content of and deadlines for the reports.

(6) An authorized state agency that fails to achieve and maintain a 20 percent reduction in energy use on and after June 30, 2015, shall submit biennial energy conservation plans to the State Department of Energy. The State Department of Energy shall specify by rule the form and content of and deadlines for the energy conservation plans.

(7) The State Department of Energy by rule may require mandatory prequalification as a condition for a person to submit a bid or proposal to perform the following work for an authorized state agency:

(a) Direct an energy consumption analysis for an authorized state agency under subsection (2) of this section, unless the person is a professional engineer or a registered architect;

(b) Enter into an energy savings performance contract; or

(c) Perform energy audits, building commissioning, monitoring and verification services and other services related to the operation and management of a facility’s energy systems, except for architectural, engineering, photogrammetric mapping, transportation planning or land surveying services as defined in ORS 279C.100 (Definitions for ORS 279C.100 to 279C.125) .

(8) The State Department of Energy may recover from authorized state agencies the costs associated with administering the provisions of this section, including costs associated with adopting rules, maintaining a state energy use database and prequalifying a person under this section.

(9) The State Department of Energy and the Oregon Department of Administrative Services shall jointly prepare a biennial report summarizing the progress toward achieving the goals of this section. The biennial report shall be made available to the public. [1979 c.734 §3; 1989 c.556 §3; 1995 c.551 §18; 2001 c.683 §3; 2008 c.26 §3; 2009 c.259 §24; 2011 c.458 §7; 2013 c.196 §19; 2015 c.767 §79]

Note: See note under 276.900 (Policy) .

Source: Section 276.915 — Energy design requirements; rules; fees; waiver , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 276a.239 — OR Code / Title 26 / Chapter 276a / Section 276a.239
276A.239 Portfolio-based management of information technology resources for Secretary of State
Status: in_force

(1) The Secretary of State shall implement portfolio-based management of information technology resources, as described in this section, to:

(a) Ensure that the Office of the Secretary of State links its information technology investments with business plans;

(b) Facilitate risk assessment of information technology projects and investments;

(c) Ensure that the office justifies information technology investments on the basis of sound business cases;

(d) Ensure that the office facilitates development and review of information technology performance related to business operations;

(e) Identify projects that can cross agency and program lines to leverage resources; and

(f) Assist in state government-wide planning for common, shared information technology infrastructure.

(2) The Secretary of State shall integrate strategic and business planning, technology planning and budgeting and project expenditure processes into the Secretary of State’s information technology portfolio-based management.

(3) The Secretary of State shall conduct and maintain a continuous inventory of current and planned investments in information technology, a compilation of information about those assets and the total life cycle cost of those assets.

(4) The Secretary of State shall develop and implement standards, processes and procedures for the required inventory and for the management of the information technology portfolio.

(5) As used in this section, “information technology” has the meaning given that term in ORS 276A.230 (Definitions) . [Formerly 177.200]

Source: Section 276A.239 — Portfolio-based management of information technology resources for Secretary of State , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276A.­html (accessed May 26, 2025).
ORS § 279b.135 — OR Code / Title 26 / Chapter 279b / Section 279b.135
279B.135 Notice of intent to award
Status: in_force

At least seven days before the award of a public contract, unless the contracting agency determines that seven days is impractical under rules adopted under ORS 279A.065 (Model rules generally) , the contracting agency shall post or provide to each bidder or proposer notice of the contracting agency’s intent to award a contract. This section does not apply to a contract awarded as a small procurement under ORS 279B.065 (Small procurements) , an intermediate procurement under ORS 279B.070 (Intermediate procurements) , a sole-source procurement under ORS 279B.075 (Sole-source procurements) , an emergency procurement under ORS 279B.080 (Emergency procurements) or a special procurement under ORS 279B.085 (Special procurements) . The notice and its manner of posting or issuance must conform to rules adopted under ORS 279A.065 (Model rules generally) . [2003 c.794 §64]

Source: Section 279B.135 — Notice of intent to award , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279B.­html (accessed May 26, 2025).
ORS § 280.505 — OR Code / Title 26 / Chapter 280 / Section 280.505
280.505 Coordination of plan with other local governments and plans
Status: in_force

In developing and implementing a plan of economic development under ORS 280.500 (County economic development plan) , a county shall:

(1) Provide that each city within the plan boundaries may by resolution of the city governing body become a part of, or exclude itself from, the economic development plan within the city.

(2) Assure that all city governing bodies wishing to participate are fairly represented in the development of an economic development plan.

(3) Assure that an economic development plan considers and is coordinated with the economic development programs of cities, port districts and other public entities.

(4) Assure that the economic development plan considers and is coordinated with all relevant local comprehensive plans and planning efforts. [1979 c.182 §2]

Source: Section 280.505 — Coordination of plan with other local governments and plans , https://www.­oregonlegislature.­gov/bills_laws/ors/ors280.­html (accessed May 26, 2025).
ORS § 283.415 — OR Code / Title 26 / Chapter 283 / Section 283.415
283.415 Legislative findings
Status: in_force

The Legislative Assembly finds and declares that:

(1) Asbestos has been found to be a human carcinogen. There is no known safe level for human exposure to asbestos. Ailments caused by asbestos can become manifest many years after exposure.

(2) In a decayed or damaged state, asbestos can pose a health risk to employees, adults in custody, patients or residents of state institutions. This state does not know where asbestos-containing materials exist in its buildings nor in what condition those materials are to be found.

(3) It is the goal of the Legislative Assembly to assure that state facilities are safely maintained and operated. It is, therefore, the policy of the Legislative Assembly that:

(a) A Master Asbestos Management Plan be developed that will assure orderly well-reasoned asbestos control and abatement.

(b) As any conditions of immediate hazard to health become known, they be acted on promptly in accordance with the Master Asbestos Management Plan.

(c) The plan include standards for employee awareness and training.

(d) The Oregon Department of Administrative Services be the agency to develop and centrally manage the plan for this state.

(e) Each agency cooperate fully in carrying out the plan.

(f) The State of Oregon engage in a long-term commitment to control the asbestos hazard in state facilities through control and abatement. [1989 c.1037 §1; 2019 c.213 §128]

Note: 283.415 (Legislative findings) to 283.425 (Costs of litigation) 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 283.415 — Legislative findings; policy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors283.­html (accessed May 26, 2025).
ORS § 276.229 — OR Code / Title 26 / Chapter 276 / Section 276.229
276.229 Four-year major construction budgets for state agencies
Status: in_force

(1) State agencies shall develop four-year major construction budgets. Projects included in these budgets may be accelerated or deferred upon approval of the Emergency Board.

(2) State agencies shall include the biennial costs associated with maintenance, major repairs or building alterations in their regular budget presentation to the Legislative Assembly. Agencies shall include in their budget presentations short-term and long-term plans to reduce or eliminate any existing backlog of deferred maintenance.

(3) The provisions of this section do not apply to public universities listed in ORS 352.002 (Public universities) , the Oregon Health and Science University, or a community college as defined in ORS 341.005 (Definitions) . [1997 c.571 §3; 2011 c.637 §86]

Source: Section 276.229 — Four-year major construction budgets for state agencies; maintenance plans and budgets; application to certain agencies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 276.227 — OR Code / Title 26 / Chapter 276 / Section 276.227
276.227 Statewide planning process
Status: in_force

(1) The State of Oregon recognizes that providing and operating state government facilities is a significant capital investment in public infrastructure. Accordingly, it is the policy of the State of Oregon to plan, finance, acquire, construct, manage and maintain state government facilities in a manner that maximizes and protects this investment.

(2) The Oregon Department of Administrative Services shall establish a statewide planning process that evaluates the needs of the state’s facilities, provides comparative information on the condition of the state’s facilities, establishes guidelines and standards for acquiring, managing and maintaining state facilities and provides financing and budgeting strategies to allocate resources to facilities’ needs.

(3) Intentionally left blank —Ed.

(a) The Director of the Oregon Department of Administrative Services shall establish a public review process for the proposed capital projects of all state agencies. To assist in this review, the director shall establish a Capital Projects Advisory Board consisting of seven members. Five members shall be public members knowledgeable about construction, facilities management and maintenance issues. Two members may be state employees. The director shall appoint the chairperson of the board.

(b) The director, in consultation with the board, may request that agencies submit updated long-range facility plans and funding strategies that reflect changes in technology and priorities. The director may ask the board to report on and make recommendations related to long-range plans, the condition of facilities, maintenance schedules, funding strategies and options for new facilities. The director may seek recommendations from the board regarding the needs of existing facilities, funding strategies and long-term facility goals.

(c) The review process may be applicable to capital projects meeting the definition of major construction/acquisition in the Governor’s budget and to significant leases.

(d) For each state agency proposing a capital project, the review process may include an examination of the following:

(A) The effectiveness of asset protection, including maintenance, repair and other activities;

(B) The effectiveness of space utilization, including an inventory of existing occupied and unoccupied building space;

(C) The advisability of lease, purchase or other funding strategies;

(D) The condition of existing occupied and unoccupied building space;

(E) Appropriate technology;

(F) The agency’s mission and long-range facilities plans; and

(G) For new facilities, expansions and additions, the ability of the agency to maintain and operate all of the agency’s facilities in a cost-effective manner.

(e) The review process shall ensure that capital project decisions are approached in a cost-effective manner after considering all reasonable alternatives.

(f) With assistance from the board, the department shall provide recommendations and information to the Governor and the Legislative Assembly on the construction, leasing and facilities management issues of state government.

(4) The department shall establish and maintain a central database of information on state-owned property of all state agencies, including land, buildings, infrastructure, improvements and leases. This database shall include an inventory of state-owned facilities as well as descriptive and technical information.

(5) State agencies shall establish and implement long-range maintenance and management plans for facilities for which this state is responsible to ensure that facilities are maintained in good repair and that the useful lives of facilities are maximized. For each new facility, a maintenance and management plan appropriate to the use and useful life of the facility shall be developed and implemented.

(6) The department may engage in cooperative projects with local government.

(7) The provisions of this section do not apply to public universities listed in ORS 352.002 (Public universities) , the Oregon Health and Science University or a community college as defined in ORS 341.005 (Definitions) . [1993 c.724 §17; 1997 c.571 §1; 2011 c.637 §85]

Note: 276.227 (Statewide planning process) was added to and made a part of ORS chapter 276 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 276.227 — Statewide planning process; public review process for capital projects; advisory board; state property database; maintenance plans , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 276.255 — OR Code / Title 26 / Chapter 276 / Section 276.255
276.255 State agency devices or facilities to charge electric motor vehicles
Status: in_force

(1) Intentionally left blank —Ed.

(a) A state agency may locate, on premises the state agency owns or controls, devices or facilities that the state agency installs, or has installed, specifically to deliver electricity to the public for electric motor vehicles.

(b) A state agency may contract with a vendor that will distribute, dispense or otherwise make available electricity from devices or facilities described in paragraph (a) of this subsection.

(2) Intentionally left blank —Ed.

(a) The Oregon Department of Administrative Services may install or have installed devices or facilities described in subsection (1)(a) of this section in as many locations as are sufficient to meet demand for the devices or facilities.

(b) The department by rule shall establish criteria by means of which a state agency shall determine an appropriate number of locations at which the state agency may install or have installed devices or facilities described in subsection (1)(a) of this section.

(c) Notwithstanding paragraph (b) of this subsection, a state agency may install or have installed devices or facilities described in subsection (1)(a) of this section at more than the number of locations determined in accordance with the department’s rule if the state agency obtains a grant to support the installations at each additional location.

(3) Intentionally left blank —Ed.

(a) The department may contract or otherwise agree with another entity to acquire, install, maintain or operate devices or facilities described in subsection (1)(a) of this section. The department may also participate in, sponsor, conduct or administer cooperative procurements in accordance with ORS 279A.200 (Definitions for ORS 279A.200 to 279A.225) to 279A.225 (Protests and disputes) under which public bodies, as defined in ORS 174.109 (“Public body” defined) , and other purchasers the department authorizes by rule may acquire, install, maintain or operate devices or facilities to deliver electricity to the public for electric motor vehicles.

(b) Solely for the purpose of a contracting agency’s participating in, sponsoring, conducting or administering a cooperative procurement under paragraph (a) of this subsection and notwithstanding the definition of “public improvement” in ORS 279A.010 (Definitions for Public Contracting Code) , a device or facility for delivering electricity to the public for electric motor vehicles is not a public improvement.

(4) A state agency that contracts with a vendor under subsection (1)(b) or (3)(a) of this section shall require in the contract that the vendor:

(a) Indemnify the state agency against any claim related to or arising out of the vendor’s operations on premises that the state agency owns or controls;

(b) Obtain a policy of liability insurance in an amount sufficient to pay foreseeable claims that relate to or arise out of the vendor’s operations, name the state agency as an insured party in the policy and maintain coverage under the policy during the term of the contract and for two years after the contract term expires; and

(c) Pay workers that the vendor employs for any work related to installing a device or facility the prevailing rate of wage, as defined in ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) .

(5) A state agency may by order establish and adjust prices for using devices or facilities described in subsection (1)(a) of this section that are located on premises the state agency owns or controls. The state agency shall endeavor to set the price for using the devices or facilities at a level that:

(a) Recovers to the maximum extent practicable the cost of operating and administering the devices or facilities described in subsection (1)(a) of this section; and

(b) Does not exceed 110 percent of the average market price for delivering electricity to the public for the purpose described in subsection (1)(a) of this section in the county in which the device or facility is located.

(6) Subject to subsection (5) of this section, a state agency shall set the price for delivering electricity at devices and facilities located on premises that the state agency owns or controls. The state agency shall use criteria and a methodology that the department specifies for calculating the price.

(7) The department shall report to the Legislative Assembly in the manner provided by ORS 192.245 (Form of report to legislature) not later than February 1, 2019, February 1, 2021, and February 1, 2023, concerning state agency implementation of the authority granted in subsections (1), (2), (4), (5) and (6) of this section. Each report must, as of the date of the report:

(a) List the number of devices or facilities for delivering electricity to the public for electric motor vehicles that state agencies installed or had installed in the previous two years and the total number of installations that have occurred since June 2, 2018;

(b) List the number of devices or facilities that state agencies have planned for installation in the next two years;

(c) List the cost to the state agency of each installation and calculate:

(A) An average cost for installations that state agencies have completed or had completed; and

(B) An overall trend line for costs that state agencies have incurred;

(d) Specify the current price that each state agency charges under subsection (6) of this section and any changes in the price that occurred in the previous two years;

(e) Specify for each state agency an average rate of utilization for all of the devices or facilities located on premises that the state agency owns or controls, calculated as the ratio of the time each day during which a person is actually using the devices or facilities and the time each day in which the devices and facilities are available for use; and

(f) Specify whether and to what extent using electric motor vehicles and devices or facilities located on premises that state agencies own or control to provide electricity for state agency electric motor vehicles results in a cost savings to the state agency in comparison to using motor vehicles that do not use electricity for propulsion. [2013 c.526 §1; 2018 c.90 §1; 2019 c.104 §1]

Note: 276.255 (State agency devices or facilities to charge electric motor vehicles) 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 276.255 — State agency devices or facilities to charge electric motor vehicles; locations; contracts; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 279c.870 — OR Code / Title 26 / Chapter 279c / Section 279c.870
279C.870 Civil action to enforce payment of prevailing rates of wage
Status: in_force

(1) The Commissioner of the Bureau of Labor and Industries or any other person may bring a civil action in any court of competent jurisdiction to require a public agency under a public contract with a contractor to withhold twice the wages in dispute if it is shown that the contractor or subcontractor on the contract has intentionally failed or refused to pay the prevailing rate of wage to workers employed on that contract and to require the contractor to pay the prevailing rate of wage and any deficiencies that can be shown to exist because of improper wage payments already made. In addition to other relief, the court may also enjoin the contractor or subcontractor from committing future violations. The contractor or subcontractor involved shall be named as a party in all civil actions brought under this section. In addition to other costs, the court may award the prevailing party reasonable attorney fees at the trial and on appeal. However, attorney fees may not be awarded against the commissioner under this section.

(2) The court shall require any party, other than the commissioner, that brings a civil action under this section to post a bond sufficient to cover the estimated attorney fees and costs to the public agency and to the contractor or subcontractor of any temporary restraining order, preliminary injunction or permanent injunction awarded in the action, in the event that the party bringing the action does not ultimately prevail.

(3) In addition to any other relief, the court in a civil action brought under this section may enjoin the public agency from contracting with the contractor or subcontractor if the court finds that the commissioner would be entitled to place the contractor or subcontractor on the ineligible list established under ORS 279C.860 (Ineligibility for public works contracts for failure to pay or post notice of prevailing rates of wage) . If the court issues such an injunction, the commissioner shall place the contractor or subcontractor on the list for a period of three years, subject to the provision of ORS 279C.860 (Ineligibility for public works contracts for failure to pay or post notice of prevailing rates of wage) (4). [2003 c.794 §176; 2007 c.764 §39; 2009 c.107 §2]

Source: Section 279C.870 — Civil action to enforce payment of prevailing rates of wage , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 279c.800 — OR Code / Title 26 / Chapter 279c / Section 279c.800
279C.800 Definitions for ORS 279C.800 to 279C.870
Status: in_force

As used in ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage) :

(1) “Fringe benefits” means:

(a) Contributions that a contractor or subcontractor makes irrevocably to a trustee or to a third person under a plan, fund or program; and

(b) Costs that a contractor or subcontractor may reasonably be anticipated to incur in providing the following items, except for items that federal, state or local law requires the contractor or subcontractor to provide:

(A) Benefits to workers pursuant to an enforceable written commitment to the workers to carry out a financially responsible plan or program for:

(i) Medical or hospital care;

(ii) Pensions on retirement or death; or

(iii) Compensation for injuries or illness that result from occupational activity;

(B) Insurance to provide the benefits described in subparagraph (A) of this paragraph;

(C) Unemployment benefits;

(D) Life insurance;

(E) Disability and sickness insurance or accident insurance;

(F) Vacation and holiday pay;

(G) Costs of apprenticeship or other similar programs; or

(H) Other bona fide fringe benefits.

(2) “Housing” has the meaning given that term in ORS 456.055 (Definitions for ORS 456.055 to 456.235) .

(3) “Locality” means the following district in which the public works, or the major portion of the public works, is to be performed:

(a) District 1, composed of Clatsop, Columbia and Tillamook Counties;

(b) District 2, composed of Clackamas, Multnomah and Washington Counties;

(c) District 3, composed of Marion, Polk and Yamhill Counties;

(d) District 4, composed of Benton, Lincoln and Linn Counties;

(e) District 5, composed of Lane County;

(f) District 6, composed of Douglas County;

(g) District 7, composed of Coos and Curry Counties;

(h) District 8, composed of Jackson and Josephine Counties;

(i) District 9, composed of Hood River, Sherman and Wasco Counties;

(j) District 10, composed of Crook, Deschutes and Jefferson Counties;

(k) District 11, composed of Klamath and Lake Counties;

(L) District 12, composed of Gilliam, Grant, Morrow, Umatilla and Wheeler Counties;

(m) District 13, composed of Baker, Union and Wallowa Counties; and

(n) District 14, composed of Harney and Malheur Counties.

(4) “Prevailing rate of wage” means the rate of wage, including all fringe benefits, that the Commissioner of the Bureau of Labor and Industries determines in accordance with ORS 279C.815 (Determination of prevailing wage) .

(5) “Public agency” means the State of Oregon or a political subdivision of the State of Oregon, or a county, city, district, authority, public corporation or public entity organized and existing under law or charter or an instrumentality of the county, city, district, authority, public corporation or public entity.

(6) Intentionally left blank —Ed.

(a) “Public works” includes, but is not limited to:

(A) Roads, highways, buildings, structures and improvements of all types for which a public agency contracts or carries on construction, reconstruction, major renovation, demolition, removal of hazardous waste or painting to serve the public interest;

(B) A project that uses $750,000 or more of funds of a public agency for constructing, reconstructing, painting, demolishing, removing hazardous waste from, or performing a major renovation on, a road, highway, building, structure or improvement of any type;

(C) A project that uses funds of a private entity for constructing a privately owned road, highway, building, structure or improvement of any type in which a public agency will use or occupy 25 percent or more of the square footage of the completed project;

(D) Notwithstanding the provisions of ORS 279C.810 (Exemptions) (2)(a), (b) and (c), a device, structure or mechanism, or a combination of devices, structures or mechanisms, that:

(i) Uses solar radiation as a source for generating heat, cooling or electrical energy; and

(ii) Is constructed or installed, with or without using funds of a public agency, on land, premises, structures or buildings that a public body, as defined in ORS 174.109 (“Public body” defined) , owns;

(E) Notwithstanding paragraph (b)(A) of this subsection and ORS 279C.810 (Exemptions) (2)(b) and (c), construction, reconstruction, painting, demolition, removal of hazardous waste from, or major renovation of, a road, highway, building, structure or improvement of any type that occurs, with or without using funds of a public agency, on real property that a public university listed in ORS 352.002 (Public universities) owns; or

(F) Demolition of, or removal of hazardous waste from, a road, highway, building, structure or improvement of any type that uses $750,000 or more in funds of a public agency, or that occurs on real property that a state agency owns, but that does not involve constructing, reconstructing, renovating or painting a road, highway, building, structure or improvement.

(b) “Public works” does not include:

(A) Reconstructing or renovating privately owned property that a public agency leases; or

(B) A private nonprofit entity’s renovation of publicly owned real property that is more than 75 years old if:

(i) The real property is leased to the private nonprofit entity for more than 25 years;

(ii) Funds of a public agency used in the renovation do not exceed 15 percent of the total cost of the renovation; and

(iii) Contracts for the renovation were advertised or, if not advertised, were entered into before July 1, 2003, but the renovation has not been completed on or before July 13, 2007. [2003 c.794 §165; 2007 c.764 §34; 2010 c.45 §1; 2013 c.203 §1; 2015 c.482 §1; 2015 c.767 §81; 2021 c.104 §1; 2023 c.137 §1]

Source: Section 279C.800 — Definitions for ORS 279C.800 to 279C.870 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 279b.420 — OR Code / Title 26 / Chapter 279b / Section 279b.420
279B.420 Judicial review of other violations
Status: in_force

(1) If a contracting agency allegedly violates a provision of ORS chapter 279A and a judicial remedy is not otherwise available under ORS chapter 279A, 279B or 279C, the alleged violation is subject to judicial review only as provided in this section.

(2) If a contracting agency allegedly violates a provision of this chapter, except a provision of ORS 279B.030 (Demonstration that procurement will cost less than performing service with contracting agency’s own personnel and resources or that performing service is not feasible) , 279B.033 (Contents of cost analysis) , 279B.036 (Determination of feasibility of procurement) , 279B.270 (State contracting agencies to use recovered resources and recycled materials) , 279B.275 (Purchase of goods containing recycled polyethylene material) , 279B.280 (Use of recycled products when economically feasible) or 279B.400 (Protests and judicial review of approvals of special procurements) to 279B.425 (Review of prequalification and debarment decisions) , and a judicial remedy is not otherwise provided in this chapter or ORS chapter 279A, the alleged violation is subject to judicial review only as provided in this section.

(3) A person may seek judicial review under this section for a violation described in subsection (1) or (2) of this section only if:

(a) A public contract is about to be awarded or has been awarded;

(b) The alleged violation of a provision of this chapter or ORS chapter 279A, except a provision of ORS 279B.030 (Demonstration that procurement will cost less than performing service with contracting agency’s own personnel and resources or that performing service is not feasible) , 279B.033 (Contents of cost analysis) , 279B.036 (Determination of feasibility of procurement) , 279B.270 (State contracting agencies to use recovered resources and recycled materials) , 279B.275 (Purchase of goods containing recycled polyethylene material) , 279B.280 (Use of recycled products when economically feasible) or 279B.400 (Protests and judicial review of approvals of special procurements) to 279B.425 (Review of prequalification and debarment decisions) , occurred in the procurement process for the public contract and the alleged violation resulted in or will result in an unlawful award of a contract or an unlawful failure to award the contract;

(c) The alleged violation deprived the person of the award of the contract or deprived the person of the opportunity to compete for the award of the contract;

(d) The person was qualified to receive the award of the contract under ORS 279B.110 (Responsibility of bidders and proposers) ;

(e) The person gave written notice that described the alleged violation to the contracting agency not later than 10 days after the date on which the alleged violation occurred and, regardless of when the alleged violation occurred, not later than 10 days after the date of execution of the contract;

(f) The person has exhausted all administrative remedies the contracting agency provides; and

(g) Intentionally left blank —Ed.

(A) The alleged violation is a violation of a provision of ORS chapter 279A and no other section of ORS chapter 279A, 279B or 279C provides judicial review; or

(B) The alleged violation is a violation of a provision of this chapter, except a provision of ORS 279B.030 (Demonstration that procurement will cost less than performing service with contracting agency’s own personnel and resources or that performing service is not feasible) , 279B.033 (Contents of cost analysis) , 279B.036 (Determination of feasibility of procurement) , 279B.270 (State contracting agencies to use recovered resources and recycled materials) , 279B.275 (Purchase of goods containing recycled polyethylene material) , 279B.280 (Use of recycled products when economically feasible) or 279B.400 (Protests and judicial review of approvals of special procurements) to 279B.425 (Review of prequalification and debarment decisions) , and no other section of this chapter or ORS chapter 279A provides judicial review.

(4) If a state contracting agency allegedly commits a violation, 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 may review the alleged violation under ORS 183.484 (Jurisdiction for review of orders other than contested cases) .

(5) If a local contracting agency allegedly commits a violation, the circuit court for the county in which the principal offices of the local contracting agency are located may review the alleged violation by means of a writ of review under ORS chapter 34.

(6) If a person gives the notice required under subsection (3)(e) of this section and timely seeks judicial review under this section, the contracting agency may not execute the contract unless the contracting agency determines that a compelling governmental interest exists in proceeding or that the goods and services are urgently needed. A contracting agency that makes such a determination shall set forth in writing the reasons for the determination and immediately provide the reasons to the person who filed the challenge. Thereafter, after joining the prospective contractor as a party to the litigation and upon motion by the person who filed the challenge, the court may nonetheless stay the performance of the contract if the court finds that the contracting agency’s determination that a compelling governmental interest exists 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 who sought the stay to post a bond in an amount sufficient to protect the contracting agency and the public from costs associated with a delay in contract performance.

(7) In a review, the circuit court shall give due deference to any factual contracting decision the contracting agency made and may not substitute the court’s judgment for the contracting agency’s judgment. The court 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 person that sought judicial review, and if the violation could have affected the award of the contract, the court shall remand the procurement to the contracting agency for a determination whether 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 and the court rules in favor of the person that sought judicial review, the court shall include in the court’s 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 §86a; 2009 c.880 §8a; 2011 c.9 §33]

Source: Section 279B.420 — Judicial review of other violations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279B.­html (accessed May 26, 2025).
ORS § 276a.503 — OR Code / Title 26 / Chapter 276a / Section 276a.503
276A.503 Oregon Geographic Information Council
Status: in_force

(1) The Oregon Geographic Information Council is established within the office of Enterprise Information Services. The State Chief Information Officer shall provide administrative and staff support and facilities that are necessary for the council to carry out the purposes set forth in this section. The purposes of the council are to:

(a) Serve as the statewide governing body for sharing and managing geospatial framework data;

(b) Oversee the preparation and maintenance of a plan to enhance geographic framework information sharing and management and to enhance coordination with respect to geographic framework information among public bodies within this state; and

(c) Coordinate geospatial framework data sharing and management that occurs among public bodies.

(2) The membership of the council consists of:

(a) Two members of the Legislative Assembly appointed as follows:

(A) The President of the Senate shall appoint one member from the Senate who has an interest in geographic information systems and in enhancing geospatial framework data sharing among public bodies; and

(B) The Speaker of the House of Representatives shall appoint one member from the House of Representatives who has an interest in geographic information systems and in enhancing geospatial framework data sharing among public bodies.

(b) The following members appointed by the Governor:

(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 or councils of government within this state;

(F) One member who represents the Oregon State Association of County Assessors;

(G) One member who represents a public safety answering point, as defined in ORS 403.105 (Definitions for ORS 305.823 and 403.105 to 403.250) , within this state;

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

(I) One member who represents a federal agency that is concerned with collecting, managing or disseminating geospatial framework data;

(J) One member who represents a public utility within this state;

(K) One member who is a geographic information systems manager for a county or city in this state;

(L) One member who represents the public and who has an interest in geographic information systems and in enhancing geospatial framework data sharing among public bodies;

(M) The state geographic information officer that the State Chief Information Officer appoints under ORS 276A.515 (State geographic information officer) ;

(N) One member who represents a nonprofit professional organization with an interest in geographic information systems and in enhancing geospatial data sharing among public bodies;

(O) Three members from state agencies with responsibility for water, land, air quality, natural resources or infrastructure;

(P) Two members from state agencies with responsibilities for public health, human services, education or economic or community development; and

(Q) Two members from state agencies with responsibility for public safety or emergency management.

(3) Each group or entity identified in subsection (2)(b) of this section may recommend an individual from the group or entity for membership on the council.

(4) Members of the Legislative Assembly appointed to the council are nonvoting members and may act in an advisory capacity only.

(5) Intentionally left blank —Ed.

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

(b) A majority of the voting members of the council must approve the council’s official actions.

(6) The council shall elect one of the council’s members to serve as chairperson and one member to serve as vice chairperson. The council shall specify in the charter described in ORS 276A.506 (Powers of council) (1)(e) a process by which the council selects the chairperson and vice chairperson and the terms of office for the chairperson and vice chairperson.

(7) Intentionally left blank —Ed.

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

(b) Before a voting member’s term expires, the Governor shall appoint a successor. A voting member is eligible for reappointment.

(c) A nonvoting member’s term of office is two years. A nonvoting member is eligible for reappointment.

(d) If a vacancy occurs on the council for any reason, the appointing authority shall make an appointment to become immediately effective and the new member shall serve:

(A) For a voting member, a new four-year term.

(B) For a nonvoting member, a new two-year term.

(8) The council shall meet at times and places that the chairperson or a majority of the voting members of the council specifies.

(9) Members of the council who are not members of the Legislative Assembly may not receive compensation, but the State Chief Information Officer, at the State Chief Information Officer’s discretion, may reimburse council members for actual and necessary travel and other expenses the members incur in performing the members’ 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 State Chief Information Officer for carrying out the council’s purposes.

(10) All agencies of state government, as defined in ORS 174.111 (“State government” defined) , shall assist the council in performing 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. [2017 c.166 §2; 2021 c.17 §6; 2023 c.40 §1]

Source: Section 276A.503 — Oregon Geographic Information Council; establishment; purposes; membership; terms of office , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276A.­html (accessed May 26, 2025).
ORS § 283.110 — OR Code / Title 26 / Chapter 283 / Section 283.110
283.110 Furnishing by state agency to another state agency of services, facilities and materials
Status: in_force

(1) Subject to rules prescribed by the Oregon Department of Administrative Services, any state agency shall, as its own facilities permit, furnish to any other state agency such services (including labor), facilities and materials as are requisitioned by the head of another agency. The expense shall be charged to the agency served, which shall pay the expense to the agency furnishing the services, facilities or materials in the manner other claims are paid. Agencies shall, as far as practicable, cooperate with one another in the use of services, quarters and equipment.

(2) Except as provided in ORS 283.076 (Oregon Department of Administrative Services Operating Fund) (3), all moneys received by an agency in payment of services, facilities or materials furnished to another state agency as provided in this section, or in payment of services, facilities or materials furnished to other persons may be, or if required by the Oregon Department of Administrative Services, shall be paid into the State Treasury for deposit to the credit of the miscellaneous receipts account established pursuant to ORS 279A.290 (Miscellaneous receipts accounts) for the agency furnishing the services, facilities or materials.

(3) The constitutional state officers and the Legislative Assembly or any of its statutory, standing, special or interim committees, unless prohibited by law, may elect to furnish services, facilities and materials to one another and to state agencies and officers as defined in ORS 291.002 (Definitions) , and the courts, constitutional state officers, the Legislative Assembly or any of its statutory, standing, special or interim committees and the Oregon Public Defense Commission may elect to requisition services, facilities and materials as provided in this section. [Formerly 291.658; 1981 c.106 §18; 1993 c.500 §40a; 2003 c.449 §36; 2003 c.794 §230; 2023 c.281 §49]

Note: The amendments to 283.110 (Furnishing by state agency to another state agency of services, facilities and materials) by section 84, chapter 281, Oregon Laws 2023, become operative January 1, 2025. See section 92, chapter 281, Oregon Laws 2023. The text that is operative on and after January 1, 2025, is set forth for the user’s convenience.

283.110 (Furnishing by state agency to another state agency of services, facilities and materials) . (1) Subject to rules prescribed by the Oregon Department of Administrative Services, any state agency shall, as its own facilities permit, furnish to any other state agency such services (including labor), facilities and materials as are requisitioned by the head of another agency. The expense shall be charged to the agency served, which shall pay the expense to the agency furnishing the services, facilities or materials in the manner other claims are paid. Agencies shall, as far as practicable, cooperate with one another in the use of services, quarters and equipment.

(2) Except as provided in ORS 283.076 (Oregon Department of Administrative Services Operating Fund) (3), all moneys received by an agency in payment of services, facilities or materials furnished to another state agency as provided in this section, or in payment of services, facilities or materials furnished to other persons may be, or if required by the Oregon Department of Administrative Services, shall be paid into the State Treasury for deposit to the credit of the miscellaneous receipts account established pursuant to ORS 279A.290 (Miscellaneous receipts accounts) for the agency furnishing the services, facilities or materials.

(3) The constitutional state officers and the Legislative Assembly or any of its statutory, standing, special or interim committees, unless prohibited by law, may elect to furnish services, facilities and materials to one another and to state agencies and officers as defined in ORS 291.002 (Definitions) , and the courts, constitutional state officers and the Legislative Assembly or any of its statutory, standing, special or interim committees may elect to requisition services, facilities and materials as provided in this section.

Source: Section 283.110 — Furnishing by state agency to another state agency of services, facilities and materials; services, facilities or materials furnished to other persons; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors283.­html (accessed May 26, 2025).
ORS § 279c.115 — OR Code / Title 26 / Chapter 279c / Section 279c.115
279C.115 Direct contracts for services of consultants
Status: in_force

(1) As used in this section, “consultant” means an architect, engineer, photogrammetrist, transportation planner or land surveyor.

(2) A contracting agency may enter into a contract for architectural, engineering, photogrammetric mapping, transportation planning or land surveying services or related services directly with a consultant if the project described in the contract consists of work that has been substantially described, planned or otherwise previously studied or rendered in an earlier contract with the consultant that was awarded under rules adopted under ORS 279A.065 (Model rules generally) and the new contract is a continuation of the project.

(3) A contracting agency may adopt criteria for determining when this section applies to a contract for architectural, engineering, photogrammetric mapping, transportation planning or land surveying services or related services. [2003 c.794 §94; 2011 c.458 §5]

Source: Section 279C.115 — Direct contracts for services of consultants , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 279a.220 — OR Code / Title 26 / Chapter 279a / Section 279a.220
279A.220 Interstate cooperative procurements
Status: in_force

(1) A contracting agency may establish a contract or price agreement through an interstate cooperative procurement only if:

(a) The administering contracting agency’s solicitation and award process for the original contract is an open and impartial competitive process and uses source selection methods substantially equivalent to those specified in ORS 279B.055 (Competitive sealed bidding) or 279B.060 (Competitive sealed proposals) ;

(b) The administering contracting agency’s solicitation and the original contract allows other governmental bodies to establish contracts or price agreements under the terms, conditions and prices of the original contract; and

(c) The administering contracting agency permits the contractor to extend the use of the terms, conditions and prices of the original contract to the purchasing contracting agency.

(2) In addition to the requirements in subsection (1) of this section:

(a) The purchasing contracting agency, or the cooperative procurement group of which the purchasing contracting agency is a member, must be listed in the solicitation of the administering contracting agency as a party that may establish contracts or price agreements under the terms, conditions and prices of the original contract, and the solicitation must be advertised in Oregon; or

(b) Intentionally left blank —Ed.

(A) The purchasing contracting agency, or the cooperative procurement group of which the purchasing contracting agency is a member, shall advertise a notice of intent to establish a contract or price agreement through an interstate cooperative procurement.

(B) The notice of intent must include:

(i) A description of the procurement;

(ii) An estimated amount of the procurement;

(iii) The name of the administering contracting agency; and

(iv) A time, place and date by which comments must be submitted to the purchasing contracting agency regarding the intent to establish a contract or price agreement through an interstate cooperative procurement.

(C) Public notice of the intent to establish a contract or price agreement through an interstate cooperative procurement must be given in the same manner as provided in ORS 279B.055 (Competitive sealed bidding) (4)(b) and (c).

(D) Unless otherwise specified in rules adopted under ORS 279A.070 (Rules) , the purchasing contracting agency shall give public notice at least seven days before the deadline for submission of comments regarding the intent to establish a contract or price agreement through an interstate cooperative procurement.

(3) If a purchasing contracting agency is required to provide notice of intent to establish a contract or price agreement through an interstate cooperative procurement under subsection (2) of this section:

(a) The purchasing contracting agency shall provide vendors who would otherwise be prospective bidders or proposers on the contract or price agreement, if the procurement were competitively procured under ORS chapter 279B, an opportunity to comment on the intent to establish a contract or price agreement through an interstate cooperative procurement.

(b) Vendors must submit comments within seven days after the notice of intent is published.

(c) And if the purchasing contracting agency receives comments on the intent to establish a contract or price agreement through an interstate cooperative procurement, before the purchasing contracting agency may establish a contract or price agreement through the interstate cooperative procurement, the purchasing contracting agency shall make a written determination that establishing a contract or price agreement through an interstate cooperative procurement is in the best interest of the purchasing contracting agency. The purchasing contracting agency shall provide a copy of the written determination to any vendor that submitted comments.

(4) For purposes of this section, an administering contracting agency may be any governmental body, domestic or foreign, authorized under its laws, rules or regulations to enter into contracts for the procurement of goods and services for use by a governmental body. [2003 c.794 §29]

Source: Section 279A.220 — Interstate cooperative procurements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279A.­html (accessed May 26, 2025).
ORS § 279a.107 — OR Code / Title 26 / Chapter 279a / Section 279a.107
279A.107 Certification as disadvantaged business enterprise, minority-owned business, woman-owned business, veteran-owned business or emerging small business during term of public contract
Status: reserved

(1) A contracting agency that under ORS 279A.105 (Subcontracting to emerging small businesses or veteran-owned businesses) awards a public contract to a responsible bidder, as defined in ORS 200.005 (Definitions) , that has made good faith efforts, as described in ORS 200.045 (Required participants) (3), or that awards a public contract in the course of carrying out an affirmative action goal, policy or program under ORS 279A.100 (Affirmative action) shall:

(a) Provide as a material condition of the public contract that a contractor remain certified as a disadvantaged business enterprise, minority-owned business, woman-owned business, veteran-owned business or emerging small business under ORS 200.055 (Certification as disadvantaged business enterprise, minority-owned business, woman-owned business, veteran-owned business or emerging small business) for the entire term of the public contract, if the contracting agency awarded the public contract, in whole or in part, on the basis of the contractor’s certification.

(b) Require a contractor to provide in the contractor’s subcontracts that a subcontractor remain certified as a disadvantaged business enterprise, minority-owned business, woman-owned business, veteran-owned business or emerging small business under ORS 200.055 (Certification as disadvantaged business enterprise, minority-owned business, woman-owned business, veteran-owned business or emerging small business) for the entire term of the subcontract, if the contractor awards the subcontract, in whole or in part, on the basis of the subcontractor’s certification.

(c) Verify the contractor’s or subcontractor’s compliance with the requirements set forth in paragraphs (a) and (b) of this subsection.

(d) Verify that a contractor is paying a subcontractor that is certified under ORS 200.055 (Certification as disadvantaged business enterprise, minority-owned business, woman-owned business, veteran-owned business or emerging small business) promptly as provided in ORS 279B.220 (Conditions concerning payment, contributions, liens, withholding) or 279C.570 (Prompt payment policy) , as appropriate.

(2) Intentionally left blank —Ed.

(a) If a contracting agency determines at any time during the term of a public contract that a contractor to which the contracting agency awarded the public contract on the basis described in subsection (1) of this section, or a subcontractor to which the contractor awarded a subcontract in connection with the public contract on the basis described in subsection (1) of this section, is no longer certified, the contracting agency may:

(A) Terminate the public contract;

(B) Require the contractor to terminate the subcontract; or

(C) Exercise any of the remedies for breach of contract that are reserved in the public contract.

(b) The actions a contracting agency may take under paragraph (a) of this subsection are in addition to and not in lieu of any other action the Oregon Business Development Department may take with respect to the contractor or subcontractor under ORS 200.065 (Fraudulent conduct prohibited) .

(c) Paragraph (a) of this subsection does not apply to an emerging small business as defined in ORS 200.005 (Definitions) that, because of growth in the number of full-time equivalent employees or average annual gross receipts that occurs during the term of the public contract, no longer qualifies as a tier one firm or tier two firm, as those terms are defined in ORS 200.005 (Definitions) , or for which a certification under ORS 200.055 (Certification as disadvantaged business enterprise, minority-owned business, woman-owned business, veteran-owned business or emerging small business) expires during the term of the public contract. [2015 c.325 §2; 2015 c.565 §26; 2023 c.497 §12]

Source: Section 279A.107 — Certification as disadvantaged business enterprise, minority-owned business, woman-owned business, veteran-owned business or emerging small business during term of public contract; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279A.­html (accessed May 26, 2025).
ORS § 279c.560 — OR Code / Title 26 / Chapter 279c / Section 279c.560
279C.560 Form of retainage
Status: in_force

(1) Unless a contracting agency that reserves an amount as retainage under ORS 279C.570 (Prompt payment policy) (7) finds in writing that accepting a bond or instrument described in paragraph (a) or (b) of this subsection poses an extraordinary risk that is not typically associated with the bond or instrument, the contracting agency in lieu of withholding moneys from payment shall accept from a contractor:

(a) Bonds, securities or other instruments of a character described in subsection (6) of this section that are deposited as provided in subsection (4) of this section; or

(b) A surety bond deposited as provided in subsection (7) of this section.

(2) A contracting agency that holds moneys as retainage under ORS 279C.570 (Prompt payment policy) (7) shall:

(a) Hold the moneys in a fund and pay the moneys to the contractor in accordance with ORS 279C.570 (Prompt payment policy) ; or

(b) At the election of the contractor, pay the moneys to the contractor in accordance with subsection (4) or (5) of this section and in a manner authorized by the Director of the Oregon Department of Administrative Services.

(3) If the contracting agency incurs additional costs as a result of the exercise of an option described in subsection (1) or (5) of this section, the contracting agency may recover the costs from the contractor by reducing the final payment. As work on the contract progresses, the contracting agency shall, upon demand, inform the contractor of all accrued costs.

(4) The contractor may deposit bonds, securities or other instruments with the contracting agency or in a bank or trust company for the contracting agency to hold for the contracting agency’s benefit in lieu of moneys held as retainage. If the contracting agency accepts bonds, securities or other instruments deposited as provided in this subsection, the contracting agency shall reduce the moneys held as retainage in an amount equal to the value of the bonds, securities and other instruments and pay the amount of the reduction to the contractor in accordance with ORS 279C.570 (Prompt payment policy) . Interest or earnings on the bonds, securities or other instruments shall accrue to the contractor.

(5) If the contractor elects, the contracting agency shall deposit the retainage as accumulated in an interest-bearing account in a bank, savings bank, trust company or savings association for the benefit of the contracting agency. When the contracting agency is a state contracting agency, the account must be established through the State Treasurer. Earnings on the account accrue to the contractor.

(6) Bonds, securities and other instruments deposited or acquired in lieu of retainage, as permitted by this section, must be of a character approved by the Director of the Oregon Department of Administrative Services, including but not limited to:

(a) Bills, certificates, notes or bonds of the United States.

(b) Other obligations of the United States or agencies of the United States.

(c) Obligations of a corporation wholly owned by the federal government.

(d) Indebtedness of the Federal National Mortgage Association.

(e) General obligation bonds of the State of Oregon or a political subdivision of the State of Oregon.

(f) Irrevocable letters of credit issued by an insured institution, as defined in ORS 706.008 (Additional definitions for Bank Act) .

(7) The contractor, with the approval of the contracting agency, may deposit a surety bond for all or any portion of the amount of funds retained, or to be retained, by the contracting agency in a form acceptable to the contracting agency. The bond and any proceeds of the bond must be made subject to all claims and liens and in the same manner and priority as set forth for retainage under ORS 279C.550 (“Retainage” defined) to 279C.570 (Prompt payment policy) and 279C.600 (Right of action on payment bond or public works bond of contractor or subcontractor) to 279C.625 (Joint liability when payment bond not executed) . The contracting agency shall reduce the moneys the contracting agency holds as retainage in an amount equal to the value of the bond and pay the amount of the reduction to the contractor in accordance with ORS 279C.570 (Prompt payment policy) . Whenever a contracting agency accepts a surety bond from a contractor in lieu of retainage, the contractor shall accept like bonds from a subcontractor or supplier from which the contractor has retainage. The contractor shall then reduce the moneys the contractor holds as retainage in an amount equal to the value of the bond and pay the amount of the reduction to the subcontractor or supplier. [2003 c.794 §148; 2009 c.568 §1]

Source: Section 279C.560 — Form of retainage; procedures for holding and payment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 276a.509 — OR Code / Title 26 / Chapter 276a / Section 276a.509
276A.509 Public body duty to share geospatial framework data with council
Status: in_force

(1) Intentionally left blank —Ed.

(a) Subject to ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) and except as provided in paragraph (b) of this subsection, a public body shall share all geospatial framework data that the Oregon Geographic Information Council designates for sharing if:

(A) The public body does not incur costs other than the costs that the public body would incur as a custodian of the geospatial framework data; and

(B) The public body uses existing data and existing resources to share the geospatial framework data.

(b) Critical infrastructure information is not subject to the requirement under paragraph (a) of this subsection to share geospatial framework data, but a public body may choose to share with other public bodies critical infrastructure information of which the public body is a custodian under conditions the public body specifies.

(2) Intentionally left blank —Ed.

(a) A public body that shares geospatial framework data in accordance with subsection (1) of this section shall:

(A) Share the geospatial framework data in compliance with standards for data interchange, data formatting and data storage that the Oregon Geographic Information Council adopts by rule. If the council has not adopted standards or if the public body does not ordinarily maintain the geospatial framework data in accordance with the standards the council adopts, the public body shall share the geospatial framework data in the format in which the public body ordinarily maintains the geospatial framework data.

(B) Share the geospatial framework data at intervals that the council specifies by rule or, if the council does not specify an interval by rule, share the geospatial framework data annually.

(C) Retain custody of the public body’s geospatial framework data.

(b) A public body that shares geospatial framework data in accordance with subsection (1) of this section may:

(A) Transfer copies of the geospatial framework data to the State Chief Information Officer for storage in the geospatial data library described in ORS 276A.506 (Powers of council) (2)(c) and direct requests for the geospatial framework data to the individual that the State Chief Information Officer appoints under ORS 276A.515 (State geographic information officer) .

(B) Share the geospatial framework data without entering into a written agreement with another public body.

(C) Prohibit the sharing or redistribution of the public body’s geospatial framework data if the public body notifies the Oregon Geographic Information Council in writing that the geospatial framework data is exempt from disclosure under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) because the public body claims a copyright or other proprietary interest in the geospatial framework data or for another reason the public body specifies in the notice.

(D) Withhold from public disclosure geospatial framework data that the council designates by rule as critical infrastructure information.

(c) A public body that receives geospatial framework data from another public body may not redistribute the geospatial framework data without specific authorization from the public body that shared the geospatial framework data.

(3) A public body that shares geospatial framework data in accordance with subsection (1) of this section is not liable for:

(a) Omissions, inaccuracies or other errors or defects in the geospatial framework data; or

(b) Damages, losses or claims that arise from receiving or using the geospatial framework data.

(4) The individual that the State Chief Information Officer appoints under ORS 276A.515 (State geographic information officer) shall:

(a) Take all reasonably necessary measures to:

(A) Secure information in the geospatial data library described in ORS 276A.506 (Powers of council) (2)(c) in accordance with standards, policies and procedures established or rules adopted by the State Chief Information Officer under ORS 276A.300 (Information systems security in executive department) ;

(B) Protect the availability, integrity and confidentiality of the geospatial data library; and

(C) Ensure that a recipient of geospatial framework data complies with the prohibitions a public body places on sharing or redistributing the geospatial framework data under subsection (2)(b)(C) of this section.

(b) Provide secure electronic means by which a public body may transmit geospatial framework data to and obtain geospatial framework data from the geospatial data library. [2017 c.166 §4]

Source: Section 276A.509 — Public body duty to share geospatial framework data with council; conditions and exceptions; methods for sharing; limitations of liability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276A.­html (accessed May 26, 2025).
ORS § 276a.348 — OR Code / Title 26 / Chapter 276a / Section 276a.348
276A.348 State Treasurer 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 State Treasurer or used to a significant extent by a contractor in the performance of a contract with the office of the State Treasurer.

(2) Except as provided in subsection (4) of this section, the State Treasurer 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 State Treasurer 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 State Treasurer adopts risk mitigation standards and procedures related to the installation, download, use or access of a covered product, the State Treasurer 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 §5]

Source: Section 276A.348 — State Treasurer prohibited from using covered products; risk mitigation; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276A.­html (accessed May 26, 2025).
ORS § 279c.340 — OR Code / Title 26 / Chapter 279c / Section 279c.340
279C.340 Contract negotiations
Status: in_force

If a public improvement contract is competitively bid and all responsive bids from responsible bidders exceed the contracting agency’s cost estimate, the contracting agency, in accordance with rules adopted by the contracting agency, may negotiate with the lowest responsive, responsible bidder, prior to awarding the contract, in order to solicit value engineering and other options to attempt to bring the contract within the contracting agency’s cost estimate. A negotiation with the lowest responsive, responsible bidder under this section may not result in the award of the contract to that bidder if the scope of the project is significantly changed from the original bid proposal. Notwithstanding any other provision of law, the records of a bidder used in contract negotiation under this section are not subject to public inspection until after the negotiated contract has been awarded or the negotiation process has been terminated. [2003 c.794 §106]

Source: Section 279C.340 — Contract negotiations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 279b.070 — OR Code / Title 26 / Chapter 279b / Section 279b.070
279B.070 Intermediate procurements
Status: in_force

(1) A contracting agency may award a public contract for goods or services that exceeds a contract price of $25,000, but does not exceed a contract price of $250,000, as provided in subsection (4) of this section. A contract awarded under this section may be amended to exceed $250,000 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) Invite to participate in the procurement qualified 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 an intermediate procurement under this section.

(4) When conducting an intermediate procurement, a contracting agency shall seek at least three informally solicited competitive price quotes or competitive proposals from prospective contractors. The contracting agency shall keep a written record of the sources of the quotes or proposals received. If three quotes or proposals are not reasonably available, fewer will suffice, but the contracting agency shall make a written record of the effort the contracting agency makes to obtain the quotes or proposals.

(5) If a contracting agency awards a public contract, the contracting agency shall award the public contract to the offeror whose quote or proposal will best serve the interests of the contracting agency, taking into account price as well as considerations including, but not limited to, experience, expertise, product functionality, suitability for a particular purpose and contractor responsibility under ORS 279B.110 (Responsibility of bidders and proposers) . [2003 c.794 §54; 2013 c.66 §2; 2023 c.127 §2]

Source: Section 279B.070 — Intermediate procurements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279B.­html (accessed May 26, 2025).
ORS § 280.420 — OR Code / Title 26 / Chapter 280 / Section 280.420
280.420 Eligibility of projects for financing
Status: in_force

Prior to exercising any power granted by 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) the governing body of a city shall:

(1) Adopt by ordinance standards to determine the eligibility of economic development projects. In determining such standards, the governing body shall consider all relevant data without giving priority to one factor over others. The governing body may consider but is not limited to the following:

(a) Density of use and potential impact in the area affected by the proposed project;

(b) City’s ability to support other needed services resulting from economic development projects;

(c) Effect of economic development projects on balanced economic development of the city;

(d) Employment opportunities; and

(e) Suitability of various areas in the city for particular types of economic development projects.

(2) Adopt by ordinance procedures for the acceptance and processing of applications for consideration of the eligibility of economic development projects. The ordinance shall state what city officers shall receive such applications and shall provide for the content of any application form. [1977 c.772 §3]

Source: Section 280.420 — Eligibility of projects for financing; standards; ordinance for applications , https://www.­oregonlegislature.­gov/bills_laws/ors/ors280.­html (accessed May 26, 2025).
ORS § 279a.159 — OR Code / Title 26 / Chapter 279a / Section 279a.159
279A.159 Education and training or experience requirements for persons that conduct procurements or administer contracts for state contracting agencies
Status: in_force

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

(a) Develop specifications and develop or adapt solicitation documents for a procurement;

(b) Read critically, understand, interpret and apply terms and conditions set forth in public contracts of the scope and nature that the person administers or will administer;

(c) Draft scopes of work, statements of work, contract amendments, change orders, insurance requirements, notices and other documents and communications that are necessary to conduct a procurement or administer a public contract of the scope and nature for which the person is or will be responsible;

(d) Monitor a contractor’s performance under a public contract to ensure that the contractor performs services, provides goods or supplies materials according to the schedule, pricing, specifications and terms and conditions set forth in the public contract;

(e) Manage relations between a state contracting agency and contractors so that contractors meet obligations to the state contracting agency and the state contracting agency meets obligations to contractors;

(f) Recognize and investigate emerging disputes or other risks, unique requirements, unusual situations or other issues that arise in connection with a procurement and formulate appropriate responses and resolutions, seeking advice from legal counsel, risk management personnel or other persons when necessary;

(g) Understand auditing requirements and procedures that apply to procurements of the scope and nature for which the person is or will be responsible and organize and maintain appropriate documentation and administrative practices that meet the auditing requirements; and

(h) Follow regular business and office procedures, implement applicable state contracting agency policies and procedures and otherwise conduct procurements or administer public contracts for a state contracting agency in accordance with best practices.

(2) Intentionally left blank —Ed.

(a) The Oregon Department of Administrative Services by rule shall establish standards for the education and training or experience a person must have to conduct a procurement or administer a public contract for a state contracting agency other than the Secretary of State or State Treasurer and may specify requirements in addition to the requirements set forth in subsection (1) of this section. The standards must describe the contents and quality of a curriculum for an appropriate education or training program, fix a passing score for an examination or assessment, if appropriate, specify requirements for obtaining a certificate or other evidence of having completed the education or training program and otherwise determine the skills and the level and depth of knowledge a person must have obtained from the education or training program. The standards must also describe the length of service or other evidence of adequate experience that a person must have in order to conduct a procurement or administer a public contract for a state contracting agency.

(b) The department may establish levels or classifications of education and training or experience that are necessary for a person to conduct a procurement or administer a public contract for a state contracting agency, according to:

(A) The complexity, scope or category of procurements a state contracting agency conducts;

(B) The degree of responsibility a person will have for conducting a procurement or administering a public contract; or

(C) Other appropriate criteria.

(c) The department may provide an education or training program that meets the standards the department establishes under this subsection or may approve an education or training program that meets the standards.

(d) The department by rule shall set a date, not later than December 31, 2017, by which an education or training program must meet the standards the department establishes under this subsection and a date, not later than December 31, 2018, after which all persons that conduct procurements or administer public contracts for state contracting agencies must meet the requirements specified in this section. In setting dates under this paragraph, the department shall take into account the fiscal impact of the standards and requirements on state contracting agencies and may phase in or specify incremental steps for meeting the standards and requirements.

(3) The office of the Secretary of State and the office of the State Treasurer, not later than December 31, 2017, shall each establish standards for the education and training or experience a person must have to conduct a procurement or administer a public contract for the Secretary of State or the State Treasurer. The standards for education and training or experience must meet the requirements set forth in subsection (1) of this section. The Secretary of State and the State Treasurer may specify requirements in addition to the requirements set forth in subsection (1) of this section and may elect to meet the standards that the department establishes under subsection (2) of this section. Not later than December 31, 2018, a person that conducts a procurement or administers a public contract for the office of the Secretary of State or the office of the State Treasurer shall meet the standards that the office of the Secretary of State or the office of the State Treasurer, as appropriate, establishes under this subsection. [2015 c.646 §3]

Source: Section 279A.159 — Education and training or experience requirements for persons that conduct procurements or administer contracts for state contracting agencies; deadlines; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279A.­html (accessed May 26, 2025).
ORS § 279b.110 — OR Code / Title 26 / Chapter 279b / Section 279b.110
279B.110 Responsibility of bidders and proposers
Status: in_force

(1) As part of a contracting agency’s evaluation of a bid or proposal, the contracting agency shall determine whether the bidder or proposer is responsible in accordance with the standards of responsibility set forth in subsection (2) of this section. If the contracting agency determines that a bidder or proposer is not responsible, the contracting agency shall provide the bidder or proposer with written notice of the contracting agency’s determination.

(2) In order for a contracting agency to determine that a bidder or proposer is responsible, the bidder or proposer must demonstrate to the contracting agency that the bidder or proposer:

(a) Has available the appropriate financial, material, equipment, facility and personnel resources and expertise, or has the ability to obtain the resources and expertise, necessary to meet all contractual responsibilities.

(b) Completed previous contracts of a similar nature with a satisfactory record of performance. For purposes of this paragraph, a satisfactory record of performance means that to the extent that the costs associated with and time available to perform a previous contract remained within the bidder’s or proposer’s control, the bidder or proposer stayed within the time and budget allotted for the procurement and otherwise performed the contract in a satisfactory manner. The contracting agency shall document the bidder’s or proposer’s record of performance if the contracting agency finds under this paragraph that the bidder or proposer is not responsible.

(c) Has a satisfactory record of integrity. The contracting agency in evaluating the bidder’s or proposer’s record of integrity may consider, among other things, whether the bidder or proposer has previous criminal convictions for offenses related to obtaining or attempting to obtain a contract or subcontract or in connection with the bidder’s or proposer’s performance of a contract or subcontract. The contracting agency shall document the bidder’s or proposer’s record of integrity if the contracting agency finds under this paragraph that the bidder or proposer is not responsible.

(d) Is legally qualified to contract with the contracting agency.

(e) Complied with the tax laws of the state or a political subdivision of the state, including ORS 305.620 (Collection and distribution of local taxes on income and sales) and ORS chapters 316, 317 and 318. The bidder or proposer shall demonstrate compliance by attesting to the bidder’s or proposer’s compliance in any way the contracting agency deems credible and convenient.

(f) Possesses an unexpired certificate that the Oregon Department of Administrative Services issued under ORS 279A.167 (Certification program for training in pay equity provisions of state law) if the bidder or proposer employs 50 or more full-time workers and submitted a bid or proposal for a procurement with an estimated contract price that exceeds $500,000 in response to an advertisement or solicitation from a state contracting agency.

(g) Supplied all necessary information in connection with the inquiry concerning responsibility. If a bidder or proposer fails to promptly supply information concerning responsibility that the contracting agency requests, the contracting agency shall determine the bidder’s or proposer’s responsibility based on available information or may find that the bidder or proposer is not responsible.

(h) Was not debarred by the contracting agency under ORS 279B.130 (Debarment of prospective bidders and proposers) .

(3) A contracting agency may refuse to disclose outside of the contracting agency confidential information furnished by a bidder or proposer under this section when the bidder or proposer has clearly identified in writing the information the bidder or proposer seeks to have treated as confidential and the contracting agency has authority under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) to withhold the identified information from disclosure. [2003 c.794 §59; 2009 c.880 §7; 2014 c.77 §3; 2015 c.539 §§1,5a]

Source: Section 279B.110 — Responsibility of bidders and proposers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279B.­html (accessed May 26, 2025).
ORS § 276.015 — OR Code / Title 26 / Chapter 276 / Section 276.015
276.015 Investment of certain funds
Status: in_force

For the purposes of ORS 276.002 (Control of State Capitol) to 276.007 (Oregon Department of Administrative Services Operating Fund) and 276.010 (Definitions for ORS 276.046 to 276.062) to 276.137 (Title to buildings) , the State Treasurer, with the approval of the investing agency, as defined in ORS 276.110 (Definitions for ORS 276.009, 276.013, 276.015 and 276.110 to 276.137) , may invest not to exceed seven percent of the moneys in any appropriate fund included in the investment funds, as defined in ORS 293.701 (Definitions for ORS 293.701 to 293.857) , on such terms and conditions as the State Treasurer, the investing agency and the Oregon Department of Administrative Services determine. [1969 c.706 §39; 1977 c.598 §5]

Note: See note under 276.013 (Acquisition of office buildings) .

Source: Section 276.015 — Investment of certain funds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 279a.025 — OR Code / Title 26 / Chapter 279a / Section 279a.025
279A.025 Application of Public Contracting Code
Status: in_force

(1) Except as provided in subsections (2) to (4) of this section, the Public Contracting Code applies to all public contracting.

(2) The Public Contracting Code does not apply to:

(a) Contracts between a contracting agency and:

(A) Another contracting agency;

(B) The Oregon Health and Science University;

(C) A public university listed in ORS 352.002 (Public universities) ;

(D) The Oregon State Bar;

(E) A governmental body of another state;

(F) The federal government;

(G) An American Indian tribe or an agency of an American Indian tribe;

(H) A nation, or a governmental body in a nation, other than the United States; or

(I) An intergovernmental entity formed between or among:

(i) Governmental bodies of this or another state;

(ii) The federal government;

(iii) An American Indian tribe or an agency of an American Indian tribe;

(iv) A nation other than the United States; or

(v) A governmental body in a nation other than the United States;

(b) Agreements authorized by ORS chapter 190 or by a statute, charter provision, ordinance or other authority for establishing agreements between or among governmental bodies or agencies or tribal governing bodies or agencies;

(c) Insurance and service contracts as provided for under ORS 414.115 (Medical assistance by insurance or service contracts) , 414.125 (Rates on insurance or service contracts) , 414.135 (Contracts relating to direct providers of care and services) and 414.145 (Implementation of ORS 414.115, 414.125 or 414.135) for purposes of source selection;

(d) Grants;

(e) Contracts for professional or expert witnesses or consultants to provide services or testimony relating to existing or potential litigation or legal matters in which a public body is or may become interested;

(f) Acquisitions or disposals of real property or interest in real property;

(g) Sole-source expenditures when rates are set by law or ordinance for purposes of source selection;

(h) Contracts for the procurement or distribution of textbooks;

(i) Procurements by a contracting agency from an Oregon Corrections Enterprises program;

(j) The procurement, transportation, sale or distribution of distilled liquor, as defined in ORS 471.001 (Definitions for ORS chapters 471 and 473) , or the appointment of agents under ORS 471.230 (Distillery license) or 471.750 (Liquor stores and warehouses) by the Oregon Liquor and Cannabis Commission;

(k) Contracts entered into under ORS chapter 180 between the Attorney General and private counsel or special legal assistants;

(L) Contracts for the sale of timber from lands that the State Board of Forestry, the State Forestry Department, the State Parks and Recreation Commission or the State Parks and Recreation Department owns or manages;

(m) Contracts for activities necessary or convenient for the sale of timber under paragraph (L) of this subsection, either separately from or in conjunction with contracts for the sale of timber, including but not limited to activities such as timber harvesting and sorting, transporting, gravel pit development or operation, and road construction, maintenance or improvement;

(n) Contracts for forest protection or forest related activities, as described in ORS 477.406 (Cooperative contracts or agreements for forest protection or forest related activities) , by the State Forester or the State Board of Forestry;

(o) Contracts that the Housing and Community Services Department enters into in exercising the department’s duties prescribed in ORS chapters 456 and 458, or procurements described in ORS 456.625 (Department powers) (19);

(p) Contracts that the State Treasurer enters into in exercising the powers of that office prescribed in ORS 178.010 (Oath and bond) to 178.090 (Manner of providing evidence of receipt of funds or securities) and 276A.242 (Portfolio-based management of information technology resources for State Treasurer) and ORS chapters 286A, 287A, 289, 293, 294 and 295, including but not limited to investment contracts and agreements, banking services, clearing house services and collateralization agreements, bond documents, certificates of participation and other debt repayment agreements, and any associated contracts, agreements and documents, regardless of whether the obligations that the contracts, agreements or documents establish are general, special or limited, except that the State Treasurer’s public contracting for goods and services is subject to ORS chapter 279B;

(q) Contracts, agreements or other documents entered into, issued or established in connection with:

(A) The issuance of obligations, as defined in ORS 286A.100 (Definitions for ORS 286A.100 and 286A.102) and 287A.310 (Definitions for ORS 287A.310 and 287A.315) , of a public body;

(B) Program loans and similar extensions or advances of funds, aid or assistance that a public body makes to a public or private body for the purpose of carrying out, promoting or sustaining activities or programs authorized by law; or

(C) The investment of funds by a public body as authorized by law, and other financial transactions of a public body that by their character cannot practically be established under the competitive contractor selection procedures of ORS 279B.050 (Methods of source selection) to 279B.085 (Special procurements) ;

(r) Contracts for employee benefit plans as provided in ORS 243.105 (Definitions for ORS 243.105 to 243.285) (1), 243.125 (Powers and duties of board) (4), 243.221 (Options that may be offered under flexible benefit plan) , 243.275 (Additional benefit plans authorized) , 243.291 (Plan eligibility) , 243.303 (Local government authority to make health care insurance coverage available to retired officers and employees, spouses and children) and 243.565 (Administration of plan) ;

(s) Contracts for employee benefit plans as provided in ORS 243.860 (Definitions for ORS 243.860 to 243.886) to 243.886 (Limitations on district participation in benefit plans) ; or

(t) Any other public contracting of a public body specifically exempted from the code by another provision of law.

(3) The Public Contracting Code does not apply to the contracting activities of:

(a) The Oregon State Lottery Commission;

(b) The legislative department;

(c) The judicial department;

(d) Semi-independent state agencies listed in ORS 182.454 (Semi-independent state agencies) , except as provided in ORS 279.835 (Definitions for ORS 279.835 to 279.855) to 279.855 (Entities that may obtain goods and services through Oregon Department of Administrative Services) and 279A.250 (Definitions for ORS 279A.250 to 279A.290) to 279A.290 (Miscellaneous receipts accounts) ;

(e) Oregon Corrections Enterprises;

(f) The Oregon Film and Video Office, except as provided in ORS 279A.100 (Affirmative action) and 279A.250 (Definitions for ORS 279A.250 to 279A.290) to 279A.290 (Miscellaneous receipts accounts) ;

(g) The Travel Information Council, except as provided in ORS 279A.250 (Definitions for ORS 279A.250 to 279A.290) to 279A.290 (Miscellaneous receipts accounts) ;

(h) The Oregon 529 Savings Network and the Oregon 529 Savings Board;

(i) The Oregon Innovation Council;

(j) The Oregon Utility Notification Center; or

(k) Any other public body specifically exempted from the code by another provision of law.

(4) ORS 279A.200 (Definitions for ORS 279A.200 to 279A.225) to 279A.225 (Protests and disputes) and 279B.050 (Methods of source selection) to 279B.085 (Special procurements) do not apply to contracts made with qualified nonprofit agencies providing employment opportunities for individuals with disabilities under ORS 279.835 (Definitions for ORS 279.835 to 279.855) to 279.855 (Entities that may obtain goods and services through Oregon Department of Administrative Services) . [2003 c.794 §5; 2003 c.794 §5a; 2005 c.22 §200; 2005 c.103 §3; 2005 c.109 §3; 2005 c.297 §3; 2005 c.748 §12; 2005 c.777 §15; 2007 c.7 §19; 2007 c.70 §67; 2007 c.71 §81; 2007 c.764 §2; 2007 c.783 §91; 2011 c.637 §88; 2013 c.492 §28; 2013 c.768 §123; 2015 c.447 §3; 2015 c.843 §19; 2017 c.183 §94; 2017 c.533 §3; 2019 c.90 §1; 2021 c.351 §19; 2023 c.193 §13]

Source: Section 279A.025 — Application of Public Contracting Code , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279A.­html (accessed May 26, 2025).
ORS § 279c.400 — OR Code / Title 26 / Chapter 279c / Section 279c.400
279C.400 Competitive proposals
Status: in_force

(1) When authorized or required by an exemption granted under ORS 279C.335 (Competitive bidding requirement) , a contracting agency may solicit and award a public improvement contract, or may award multiple public improvement contracts when specified in the request for proposals, by requesting and evaluating competitive proposals. A contract awarded under this section may be amended only in accordance with rules adopted under ORS 279A.065 (Model rules generally) .

(2) Except as provided in ORS 279C.330 (“Findings” defined) to 279C.355 (Evaluation of public improvement projects not contracted by competitive bidding) , 279C.360 (Requirement for public improvement advertisements) to 279C.390 (Exemption of contracts from bid security and bonds) , 279C.395 (Rejection of bids) and 279C.430 (Prequalification of bidders) to 279C.450 (Appeal procedure for decision to deny, revoke or revise prequalification) , competitive proposals shall be subject to the following requirements of competitive bidding:

(a) Advertisement under ORS 279C.360 (Requirement for public improvement advertisements) ;

(b) Requirements for solicitation documents under ORS 279C.365 (Requirements for solicitation documents and bids and proposals) ;

(c) Disqualification due to a Construction Contractors Board listing as described in ORS 279C.375 (Award and execution of contract) (3)(a);

(d) Contract execution and bonding requirements under ORS 279C.375 (Award and execution of contract) and 279C.380 (Performance bond) ;

(e) Determination of responsibility under ORS 279C.375 (Award and execution of contract) (3)(b);

(f) Rejection of bids under ORS 279C.395 (Rejection of bids) ; and

(g) Disqualification and prequalification under ORS 279C.430 (Prequalification of bidders) , 279C.435 (Effect of prequalification by Department of Transportation or Oregon Department of Administrative Services) and 279C.440 (Disqualification from consideration for award of contracts) .

(3) For the purposes of applying the requirements listed in subsection (2) of this section to competitive proposals, when used in the sections listed in subsection (2) of this section, “bids” includes proposals, and “bid documents” and “invitation to bid” include requests for proposals.

(4) Competitive proposals are not subject to the following requirements of competitive bidding:

(a) First-tier subcontractor disclosure under ORS 279C.370 (First-tier subcontractor disclosure) ; and

(b) Reciprocal preference under ORS 279A.120 (Preference for Oregon goods and services) .

(5) The contracting agency may require proposal security that serves the same function with respect to proposals as bid security serves with respect to bids under ORS 279C.365 (Requirements for solicitation documents and bids and proposals) (5) and 279C.385 (Return or retention of bid security) , as follows:

(a) The contracting agency may require proposal security in a form and amount as may be determined to be reasonably necessary or prudent to protect the interests of the contracting agency.

(b) The contracting agency shall retain the proposal security if a proposer who is awarded a contract fails to promptly and properly execute the contract and provide any required bonds or insurance.

(c) The contracting agency shall return the proposal security to all proposers upon the execution of the contract, or earlier in the selection process.

(6) In all other respects, and subject to rules adopted under ORS 279A.065 (Model rules generally) , references in this chapter to invitations to bid, bids or bidders shall, to the extent practicable within the proposal process, be deemed equally applicable to requests for proposals, proposals or proposers. However, notwithstanding ORS 279C.375 (Award and execution of contract) (1), a contracting agency may not be required to award a contract advertised under the competitive proposal process based on price, but may award the contract in accordance with ORS 279C.410 (Receipt of proposals) (8). [2003 c.794 §129; 2005 c.103 §23; 2007 c.764 §29]

Source: Section 279C.400 — Competitive proposals; procedure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 279c.380 — OR Code / Title 26 / Chapter 279c / Section 279c.380
279C.380 Performance bond
Status: in_force

(1) Except as provided in ORS 279C.390 (Exemption of contracts from bid security and bonds) , a successful bidder for a public improvement contract shall promptly execute and deliver to the contracting agency the following bonds:

(a) A performance bond in an amount equal to the full contract price conditioned on the faithful performance of the contract in accordance with the plans, specifications and conditions of the contract. The performance bond must be solely for the protection of the contracting agency that awarded the contract and any public agency or agencies for whose benefit the contract was awarded. If the public improvement contract is with a single person to provide both design and construction of a public improvement, the obligation of the performance bond for the faithful performance of the contract required by this paragraph must also be for the preparation and completion of the design and related services covered under the contract. Notwithstanding when a cause of action, claim or demand accrues or arises, the surety is not liable after final completion of the contract, or longer if provided for in the contract, for damages of any nature, economic or otherwise and including corrective work, attributable to the design aspect of a design-build project, or for the costs of design revisions needed to implement corrective work. A contracting agency may waive the requirement of a performance bond. A contracting agency may permit the successful bidder to submit a cashier’s check or certified check in lieu of all or a portion of the required performance bond.

(b) A payment bond in an amount equal to the full contract price, solely for the protection of claimants under ORS 279C.600 (Right of action on payment bond or public works bond of contractor or subcontractor) .

(2) If the public improvement contract is with a single person to provide construction manager/general contractor services, in which a guaranteed maximum price may be established by an amendment authorizing construction period services following preconstruction period services, the contractor shall provide the bonds required by subsection (1) of this section upon execution of an amendment establishing the guaranteed maximum price. The contracting agency shall also require the contractor to provide bonds equal to the value of construction services authorized by any early work amendment in advance of the guaranteed maximum price amendment. Such bonds must be provided before construction starts.

(3) Each performance bond and each payment bond must be executed solely by a surety company or companies holding a certificate of authority to transact surety business in this state. The bonds may not constitute the surety obligation of an individual or individuals. The performance and payment bonds must be payable to the contracting agency or to the public agency or agencies for whose benefit the contract was awarded, as specified in the solicitation documents, and shall be in a form approved by the contracting agency.

(4) In cases of emergency, or when the interest or property of the contracting agency or the public agency or agencies for whose benefit the contract was awarded probably would suffer material injury by delay or other cause, the requirement of furnishing a good and sufficient performance bond and a good and sufficient payment bond for the faithful performance of any public improvement contract may be excused, if a declaration of such emergency is made in accordance with rules adopted under ORS 279A.065 (Model rules generally) .

(5) This section applies only to public improvement contracts with a value, estimated by the contracting agency, of more than $100,000 or, in the case of contracts for highways, bridges and other transportation projects, more than $50,000. [2003 c.794 §118; 2005 c.103 §20; 2013 c.522 §9]

Source: Section 279C.380 — Performance bond; payment bond; waiver of bonds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 276a.515 — OR Code / Title 26 / Chapter 276a / Section 276a.515
276A.515 State geographic information officer
Status: in_force

(1) The State Chief Information Officer shall establish and appoint an individual as a state geographic information officer to fill a full-time equivalent position that manages and oversees the daily operations of the office of Enterprise Information Services that concern or are related to geographic information and geospatial framework data.

(2) The individual that the State Chief Information Officer appoints under subsection (1) of this section must be, by training and experience, well qualified for and capable of performing the following duties:

(a) Serving as the State Chief Information Officer’s principal advisor concerning geographic information systems, geospatial framework data and other programs and issues that concern geographic information;

(b) Communicating and coordinating with tribal, regional and local governments in this state, state agencies, the federal government and other public bodies on issues that concern geospatial framework data and sharing geospatial framework data;

(c) Serving as the State Chief Information Officer’s representative on the Oregon Geographic Information Council;

(d) Taking a leading role in coordinating the council’s development and maintenance of the strategic plan described in ORS 276A.506 (Powers of council) (1)(b), in overseeing the implementation of the plan and in conducting the council’s activities, as described in ORS 276A.503 (Oregon Geographic Information Council) and 276A.506 (Powers of council) ;

(e) Taking responsibility for and directing the efforts described in ORS 276A.509 (Public body duty to share geospatial framework data with council) (4);

(f) Coordinating with the Federal Geographic Data Committee, the United States Geological Survey and other federal agencies in developing geospatial framework data in this state;

(g) Serving as the State Chief Information Officer’s liaison for existing or proposed federal programs that relate to creating or maintaining geospatial framework data in this state;

(h) Representing the state on the National States Geographic Information Council and in local, regional and national programs and efforts that are related to geographic information systems and managing geographic information;

(i) Overseeing compliance with rules adopted and policies, standards and plans established by the State Chief Information Officer or the Oregon Geographic Information Council with respect to geographic framework data and geographic information systems;

(j) Consulting and collaborating with, supporting and providing services to public bodies and other stakeholders on projects that are related to geospatial framework data or other geographic information;

(k) Leading development and deployment for, and overseeing the continuing operation, maintenance, support and enhancement of, the geospatial data library described in ORS 276A.506 (Powers of council) (2)(c) on behalf of public bodies in this state; and

(L) Performing other duties that the State Chief Information Officer specifies. [2017 c.166 §6; 2021 c.17 §8]

Source: Section 276A.515 — State geographic information officer; qualifications; duties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276A.­html (accessed May 26, 2025).
ORS § 276a.415 — OR Code / Title 26 / Chapter 276a / Section 276a.415
276A.415 Agreements to fund or acquire telecommunications equipment and services
Status: in_force

The State Chief Information Officer may, in a manner that is consistent with the State Chief Information Officer’s rules, policies and standards, enter into an agreement or agreements to fund or otherwise acquire telecommunications equipment and services by installment purchase or lease purchase contracts. [Formerly 283.524]

Source: Section 276A.415 — Agreements to fund or acquire telecommunications equipment and services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276A.­html (accessed May 26, 2025).
ORS § 279a.990 — OR Code / Title 26 / Chapter 279a / Section 279a.990
279A.990 Penalties
Status: in_force

(1) The provisions of ORS 291.990 (Penalties) apply to ORS 279A.140 (State procurement of goods and services) , 279A.280 (Disposal of surplus property) and 279B.270 (State contracting agencies to use recovered resources and recycled materials) . Any violation of ORS 279A.140 (State procurement of goods and services) , 279A.280 (Disposal of surplus property) or 279B.270 (State contracting agencies to use recovered resources and recycled materials) shall be punished as described in ORS 291.990 (Penalties) .

(2) Any contractor, subcontractor, agent or person in authority or in charge who violates any provision of ORS 279C.520 (Condition concerning hours of labor) or 279C.540 (Maximum hours of labor on public contracts) as to hours of labor commits a Class A misdemeanor.

(3) Any contractor or subcontractor subject to ORS 279C.840 (Payment of prevailing rate of wage) who fails to pay the prevailing rate of wage as required by ORS 279C.840 (Payment of prevailing rate of wage) commits a Class B misdemeanor. [2003 c.794 §46; 2011 c.597 §176]

Source: Section 279A.990 — Penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279A.­html (accessed May 26, 2025).
ORS § 279c.350 — OR Code / Title 26 / Chapter 279c / Section 279c.350
279C.350 Exemption procedure
Status: in_force

(1) Exemptions granted by the Director of the Oregon Department of Administrative Services under ORS 279C.335 (Competitive bidding requirement) (2) or 279C.345 (Specifications for contracts) (2) constitute rulemaking and not contested cases under ORS chapter 183. However, an exemption granted with regard to a specific public improvement contract by the Director of the Oregon Department of Administrative Services, or an exemption granted by the Director of Transportation with regard to a specific public improvement contract or class of public improvement contracts described in ORS 279A.050 (Procurement authority) (3)(b), shall be granted by order. The order shall set forth findings supporting the decision to grant or deny the request for the exemption. The order is reviewable under ORS 183.484 (Jurisdiction for review of orders other than contested cases) and does not constitute a contested case order. Jurisdiction for review of the order is with the Circuit Court of Marion County. The court may award costs and attorney fees to the prevailing party.

(2) Any person except the contracting agency or anyone representing the contracting agency may bring a petition for a declaratory judgment to test the validity of any rule adopted by the Director of the Oregon Department of Administrative Services under ORS 279C.335 (Competitive bidding requirement) or 279C.345 (Specifications for contracts) in the manner provided in ORS 183.400 (Judicial determination of validity of rule) .

(3) Any person except the contracting agency or anyone representing the contracting agency may bring an action for writ of review under ORS chapter 34 to test the validity of an exemption granted under ORS 279C.335 (Competitive bidding requirement) or 279C.345 (Specifications for contracts) by a local contract review board. [2003 c.794 §108; 2003 c.794 §109; 2007 c.764 §20]

Source: Section 279C.350 — Exemption procedure; appeal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 279b.140 — OR Code / Title 26 / Chapter 279b / Section 279b.140
279B.140 Price agreements
Status: in_force

(1) A price agreement constitutes a firm offer by the contractor regardless of whether any order or purchase has been made or any performance has been tendered under the price agreement. Unless the price agreement otherwise provides, a price agreement is enforceable for the period stated in the price agreement and, notwithstanding ORS 72.2050 (Firm offers) , obligations thereunder are not revocable by the contractor.

(2) Under a price agreement, no quantity unreasonably disproportionate to any stated estimate or, in the absence of a stated estimate, to any normal or otherwise comparable prior requirements may be demanded unless otherwise expressly provided in the price agreement. However, a contracting agency may amend or terminate a price agreement or an order under a price agreement under any of the following circumstances:

(a) Any failure of the contracting agency to receive funding, appropriations, limitations, allotments or other expenditure authority, including the continuation of program operating authority sufficient, as determined in the discretion of the contracting agency, to sustain purchases at the levels contemplated at the time of contracting; or

(b) Any change in law or program termination that makes purchases under the price agreement no longer authorized or appropriate for the contracting agency’s use.

(3) A price agreement does not constitute an exclusive dealing commitment on the part of the contracting agency or the contractor unless the price agreement expressly so provides. [2003 c.794 §68]

Source: Section 279B.140 — Price agreements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279B.­html (accessed May 26, 2025).
ORS § 279c.528 — OR Code / Title 26 / Chapter 279c / Section 279c.528
279C.528 State Department of Energy requirements and specifications
Status: in_force

(1) Each contracting agency, in soliciting, awarding and administering public improvement contracts that are subject to ORS 279C.527 (Inclusion of amount for green energy technology or woody biomass energy technology in public improvement contract) , is subject to rules the State Department of Energy adopts that include, but are not limited to, requirements, methods and specifications for:

(a) Using particular green energy technologies in public improvements;

(b) Determining the cost-effectiveness of green energy technologies;

(c) Determining the total solar resource fraction that applies to a public building or to a site on which a contracting agency will construct green energy technology;

(d) Including particular costs in the total contract price for a public building;

(e) Improving energy use efficiency in a public building;

(f) Submitting documents required under ORS 279C.527 (Inclusion of amount for green energy technology or woody biomass energy technology in public improvement contract) to the department for review; and

(g) Determining whether a structure is a public building subject to the requirements of ORS 279C.527 (Inclusion of amount for green energy technology or woody biomass energy technology in public improvement contract) .

(2) Intentionally left blank —Ed.

(a) Each contracting agency shall collect and maintain information concerning the contracting agency’s compliance with ORS 279C.527 (Inclusion of amount for green energy technology or woody biomass energy technology in public improvement contract) , which must include, at a minimum:

(A) Records that show how the contracting agency expended moneys to include appropriate green energy technology as part of constructing, reconstructing or performing a major renovation of a public building or for a purpose described in ORS 279C.527 (Inclusion of amount for green energy technology or woody biomass energy technology in public improvement contract) (4);

(B) An identification of each public improvement contract for which the contracting agency expended moneys to include appropriate green energy technology as part of constructing, reconstructing or performing a major renovation of a public building or for a purpose described in ORS 279C.527 (Inclusion of amount for green energy technology or woody biomass energy technology in public improvement contract) (4);

(C) An identification of each public improvement contract for which the contracting agency determined that including green energy technology as part of constructing, reconstructing or performing a major renovation of a public building, and that making an expenditure for a purpose described in ORS 279C.527 (Inclusion of amount for green energy technology or woody biomass energy technology in public improvement contract) (4), was not appropriate;

(D) The total amount the contracting agency would have expended on each public improvement contract identified in subparagraph (C) of this paragraph and the total aggregated amount that the contracting agency must expend to include green energy technology as part of constructing, reconstructing or performing a major renovation of a future public building or for a purpose described in ORS 279C.527 (Inclusion of amount for green energy technology or woody biomass energy technology in public improvement contract) (4); and

(E) An identification of each public improvement contract that uses moneys the contracting agency did not expend on a previous public improvement contract for including appropriate green energy technology as part of constructing, reconstructing or performing a major renovation of a public building or for a purpose described in ORS 279C.527 (Inclusion of amount for green energy technology or woody biomass energy technology in public improvement contract) (4).

(b) Each contracting agency shall compile the information the contracting agency collected under paragraph (a) of this subsection and report the information to the department at times, in a manner and on forms that the department specifies by rule.

(c) The department shall:

(A) Compile and summarize the information the department receives under paragraph (b) of this subsection and, in the department’s compilation and summary, specifically:

(i) Identify contracting agencies that have not complied with the requirements of ORS 279C.527 (Inclusion of amount for green energy technology or woody biomass energy technology in public improvement contract) or the reporting requirements set forth in paragraph (b) of this subsection;

(ii) Identify public improvement contracts for which contracting agencies have determined that including green energy technology as part of constructing, reconstructing or performing a major renovation of a public building, and that making an expenditure for a purpose described in ORS 279C.527 (Inclusion of amount for green energy technology or woody biomass energy technology in public improvement contract) (4), was not appropriate; and

(iii) Identify public improvement contracts that use moneys a contracting agency did not expend on a previous public improvement contract on including appropriate green energy technology as part of constructing, reconstructing or performing a major renovation of a public building or for a purpose described in ORS 279C.527 (Inclusion of amount for green energy technology or woody biomass energy technology in public improvement contract) (4).

(B) Deliver annually to the Legislative Assembly, on or before the date on which each regular session of the Legislative Assembly begins, a report concerning contracting agency compliance with this section and ORS 279C.527 (Inclusion of amount for green energy technology or woody biomass energy technology in public improvement contract) that includes the compilation and summary the department prepared under subparagraph (A) of this paragraph. [2007 c.310 §3; 2012 c.83 §2; 2013 c.612 §2; 2015 c.424 §2; 2017 c.735 §2; 2019 c.160 §2]

Note: See note under 279C.527 (Inclusion of amount for green energy technology or woody biomass energy technology in public improvement contract) .

Source: Section 279C.528 — State Department of Energy requirements and specifications; record keeping requirements; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 283.335 — OR Code / Title 26 / Chapter 283 / Section 283.335
283.335 Storage, repair and maintenance facilities
Status: in_force

The Oregon Department of Administrative Services may arrange, by agreement with agencies, for the utilization by one of the storage, repair or maintenance facilities of another, with such provision for charges and credits as may be agreed upon. Any such agreement to which the department is not a party shall be subject to the approval of the department. The department may acquire and maintain storage facilities for the motor vehicles under its control. [Formerly 291.714]

Source: Section 283.335 — Storage, repair and maintenance facilities; interagency agreements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors283.­html (accessed May 26, 2025).
ORS § 276.218 — OR Code / Title 26 / Chapter 276 / Section 276.218
276.218 Acquiring machines and equipment
Status: in_force

(1) The Oregon Department of Administrative Services may acquire by purchase, lease or otherwise, the machines, engines, boilers, pipes, steam fittings, electrical equipment, appliances, transmission poles, lines, wire and other equipment necessary in carrying out the provisions of ORS 276.212 (Heat, light, communication and power systems) , for cash, on contract, conditional bill of sale, lease purchase or installment purchase. The department may contract to pay, as rental or otherwise, on the amortization plan, the principal and interest of the purchase price of such personal property.

(2) The rate of interest on the principal of the purchase cost and the terms and conditions for repayment shall be as determined by the department. The department may pledge, on behalf of the State of Oregon, for the retirement of such indebtedness, such reasonable sums from operating appropriations or service charges as is required for:

(a) The purchase or securing of steam heat, electrical current or energy from private persons or corporations for light, heat and power for any such public buildings.

(b) Transmitting and receiving messages by radio, telephone, telegraph or other device or system in the transaction of any or all business of the state or in which the state is interested.

(3) The department may make installment payments on such contracts on such purchase price. Such obligations shall not be deemed a general indebtedness of the state, but shall be payable out of appropriations made or provided for the operation and maintenance of such public buildings. In the case of telecommunications systems and all related equipment, repayment may be from service charges paid by agencies for the operation of the systems. [Amended by 1969 c.199 §33; 1983 c.424 §2]

Source: Section 276.218 — Acquiring machines and equipment; terms; pledging operating funds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 276a.421 — OR Code / Title 26 / Chapter 276a / Section 276a.421
276A.421 Provision of broadband services that compete with services of private telecommunications provider
Status: in_force

(1) Intentionally left blank —Ed.

(a) If the State Chief Information Officer determines that the broadband services and operations proposed to be provided by the State Chief Information Officer under ORS 276A.406 (Acquisition of broadband and communications services) (2)(b) would directly compete with services already offered by a telecommunications provider, the State Chief Information Officer may only provide those services pursuant to the rules described in subsection (2) of this section.

(b) For the purposes of this section, broadband services are considered to be already offered by a telecommunications provider if the provider can demonstrate its ability to provide the broadband services in the geographic area to be served within a reasonable time and for a reasonable cost.

(2) The State Chief Information Officer shall adopt rules governing how it provides the broadband services and operations under subsection (1)(a) of this section. The rules must:

(a) Describe the services that the State Chief Information Officer proposes to provide, including specifications for broadband services, such as minimum bandwidth, reliability, redundancy, deployment schedule and comparable cost;

(b) Describe the method by which the State Chief Information Officer will maintain and update its service offerings;

(c) Describe the process by which a telecommunications provider may demonstrate its ability to provide broadband services under subsection (1) of this section and to meet the specifications proposed by the State Chief Information Officer under paragraph (a) of this subsection; and

(d) Describe the situations in which the State Chief Information Officer may not provide the services.

(3) The State Chief Information Officer shall appoint an advisory committee no later than 60 days prior to rulemaking under this section to assist the State Chief Information Officer in the administration of this section.

(4) The advisory committee must include one representative from each of the following:

(a) A telecommunications provider in this state.

(b) A rural telecommunications consortium in this state.

(c) The Association of Oregon Counties.

(d) The League of Oregon Cities.

(e) A public school or education service district.

(f) A public university listed in ORS 352.002 (Public universities) .

(g) The State Interoperability Executive Council established under ORS 403.450 (State Interoperability Executive Council) .

(h) The Oregon Broadband Advisory Council established under ORS 285A.154 (Oregon Broadband Advisory Council) .

(i) The public with an interest in broadband service availability.

(j) A nonprofit entity with an interest in broadband service availability.

(k) Any other public, private or nonprofit entity that the State Chief Information Officer determines is necessary to assist the advisory committee in performing its duties under this section.

(5) Before adopting rules described in this section, the State Chief Information Officer shall present the proposed rules to the Joint Legislative Committee on Information Management and Technology. [2018 c.51 §5]

Source: Section 276A.421 — Provision of broadband services that compete with services of private telecommunications provider; circumstances of competition; broadband services advisory committee; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276A.­html (accessed May 26, 2025).
ORS § 276.236 — OR Code / Title 26 / Chapter 276 / Section 276.236
276.236 Department may acquire land, water and water rights, watercourses, franchises and privileges
Status: in_force

The Oregon Department of Administrative Services may purchase, contract for, and lease, in the name of the state, real property, water, water rights and watercourses, franchises and privileges. Whenever the department deems it necessary or proper, it may appropriate and condemn real property, water, water rights and watercourses, franchises and privileges, including the right to take and condemn real property, water, water rights and watercourses, franchises and privileges, appropriated for or devoted to a public use before February 27, 1901, by any person or corporation under and by virtue of the laws of this state or the Territory of Oregon.

Source: Section 276.236 — Department may acquire land, water and water rights, watercourses, franchises and privileges , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 283.398 — OR Code / Title 26 / Chapter 283 / Section 283.398
283.398 Findings and goals for zero-emission vehicles
Status: in_force

(1) As used in this section and ORS 283.401 (Report concerning utilization of zero-emission vehicles within state) , “zero-emission vehicle” means a battery electric vehicle, a plug-in hybrid electric vehicle or a hydrogen fuel cell vehicle or any type of vehicle defined by the State Department of Energy or the Environmental Quality Commission by rule as a “zero-emission vehicle” if the vehicle’s type and fuel are consistent with the goals set forth in this section.

(2) The Legislative Assembly finds that:

(a) Motor vehicle emissions contribute significantly to air pollution in this state.

(b) In 2018, the Oregon transportation sector was responsible for approximately 40 percent of this state’s greenhouse gas emissions, and light-duty vehicles were responsible for more than half of the transportation sector’s emissions.

(c) Motor vehicle emissions, especially greenhouse gases, are difficult to reduce and will rise over time if not limited by additional laws and regulations.

(d) Absent significant changes in the types of motor vehicles used by people and businesses in Oregon, the state will not meet the greenhouse gas emissions reduction goals set forth in ORS 468A.205 (Policy) .

(e) In ORS 757.357 (Legislative findings) , the Legislative Assembly found that transportation electrification is necessary to reduce petroleum use, achieve optimum levels of energy efficiency and carbon reduction, meet federal and state air quality standards, meet this state’s greenhouse gas emissions reduction goals set forth in ORS 468A.205 (Policy) and improve the public health and safety.

(f) Existing federal and state incentives and programs are insufficient to transform the motor vehicle market on a timeline that will protect Oregonians from the worst impacts of global climate change.

(g) The purchase and ownership of zero-emission vehicles can reduce the overall energy costs paid by Oregon households and the specific costs associated with meeting transportation needs.

(h) A robust and well-operating market for zero-emission vehicles is essential to meeting this state’s greenhouse gas emissions reduction goals.

(i) Certain residents and communities face greater barriers to purchasing or leasing zero-emission vehicles, and additional support and innovative solutions are necessary to ensure that all Oregon households benefit from transportation electrification.

(3) The Legislative Assembly declares the following goals:

(a) Transformation of the motor vehicle market must occur no later than 2035.

(b) Programs and support must be provided to accelerate Oregonians’ purchase and use of zero-emission vehicles until greenhouse gas emissions from vehicles are declining at a rate consistent with this state’s greenhouse gas emissions reduction goals set forth in ORS 468A.205 (Policy) .

(c) The adoption and use of zero-emission vehicles must be evaluated regularly to determine whether the rate of the adoption and use of zero-emission vehicles will put the state on course to meet its greenhouse gas emissions reduction goals.

(4) To promote acquisition and use of zero-emission vehicles, all entities of the executive department, as defined in ORS 174.112 (“Executive department” defined) , shall lead by example by:

(a) Purchasing or leasing light-duty or medium-duty zero-emission vehicles, consistent with ORS 283.327 (Purchase or lease of light-duty vehicles by state agencies) , when purchasing or leasing vehicles;

(b) Adopting policies and rules that promote the goals set forth in this section; and

(c) Considering recommendations submitted in the report required by ORS 283.401 (Report concerning utilization of zero-emission vehicles within state) that relate to zero-emission vehicles and adopting the recommendations when feasible. [2019 c.565 §1; 2021 c.97 §22]

Note: 283.398 (Findings and goals for zero-emission vehicles) and 283.401 (Report concerning utilization of zero-emission vehicles within state) 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 283.398 — Findings and goals for zero-emission vehicles; purchasing requirements; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors283.­html (accessed May 26, 2025).
ORS § 279c.405 — OR Code / Title 26 / Chapter 279c / Section 279c.405
279C.405 Requests for information, interest or qualifications
Status: in_force

(1) A contracting agency may issue a request for information, a request for interest, a request for qualifications or other preliminary documents to obtain information useful in the preparation or distribution of a request for proposals.

(2) In addition to the general requirements of ORS 279C.365 (Requirements for solicitation documents and bids and proposals) , a contracting agency preparing a request for proposals shall include:

(a) All required contractual terms and conditions. The request for proposals also may:

(A) Identify those contractual terms or conditions the contracting agency reserves, in the request for proposals, for negotiation with proposers;

(B) Request that proposers propose contractual terms and conditions that relate to subject matter reasonably identified in the request for proposals; and

(C) Contain or incorporate the form and content of the contract that the contracting agency will accept, or suggested contract terms and conditions that nevertheless may be the subject of negotiations with proposers.

(b) The method of contractor selection, which may include but is not limited to award without negotiation, negotiation with the highest ranked proposer, competitive negotiations, multiple-tiered competition designed either to identify a class of proposers that fall within a competitive range or to otherwise eliminate from consideration a class of lower ranked proposers, or any combination of methods, as authorized or prescribed by rules adopted under ORS 279A.065 (Model rules generally) .

(c) All evaluation factors that will be considered by the contracting agency when evaluating the proposals, including the relative importance of price and any other evaluation factors. [2003 c.794 §130; 2007 c.764 §30]

Source: Section 279C.405 — Requests for information, interest or qualifications; requirements for requests for proposals , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 279b.225 — OR Code / Title 26 / Chapter 279b / Section 279b.225
279B.225 Condition concerning salvaging, recycling, composting or mulching yard waste material
Status: in_force

"The Medical Examiner manages investigations of deaths for the purposes of determining cause and manner of death and producing death certificates in accordance with ORS 146…" Bibliographic info

Every public contract for lawn and landscape maintenance shall contain a condition requiring the contractor to salvage, recycle, compost or mulch yard waste material at an approved site, if feasible and cost-effective. [2003 c.794 §76b]

Source: Section 279B.225 — Condition concerning salvaging, recycling, composting or mulching yard waste material , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279B.­html (accessed May 26, 2025).
ORS § 279c.808 — OR Code / Title 26 / Chapter 279c / Section 279c.808
279C.808 Rules
Status: in_force

In accordance with applicable provisions of ORS chapter 183, the Commissioner of the Bureau of Labor and Industries shall adopt rules necessary to administer ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage) . [2007 c.764 §45]

Source: Section 279C.808 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 279c.533 — OR Code / Title 26 / Chapter 279c / Section 279c.533
279C.533 Minimum hours and pay for apprentices employed on public improvements
Status: in_force

(1) 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 agreement” has the meaning given that term in ORS 660.010 (Definitions for ORS 660.002 to 660.210) .

(d) “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.

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

(f) “Qualifying agency” means:

(A) A state contracting agency; and

(B) The Higher Education Coordinating Commission, a public university listed in ORS 352.002 (Public universities) and a community college district, as defined in ORS 341.005 (Definitions) , to the extent that the commission, the university or the district uses funds paid directly or indirectly from the State Treasury for all or a portion of the construction costs of a public improvement.

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

(h) “Woman” has the meaning given that term in ORS 200.005 (Definitions) .

(2) A qualifying agency shall provide in each public improvement contract for which the contract price exceeds $3 million that the contractor shall:

(a) Employ apprentices to perform 12 percent or more of the work hours that workers in apprenticeable occupations perform for each contract on the public improvement; and

(b) Require in each subcontract with a contract price of $750,000 or more that the subcontractor employ apprentices to perform 12 percent or more of the work hours that workers in apprenticeable occupations perform on the subcontract.

(3) A contractor or subcontractor shall pay an apprentice for work on the public improvement at the hourly rate to which the apprentice is entitled under an apprenticeship agreement or that the apprenticeship training program specifies.

(4) Intentionally left blank —Ed.

(a) A qualifying agency shall require as a material provision of a public improvement contract that the contractor establish and implement a plan for outreach to and recruitment and retention of women, minority individuals and veterans to perform work under the public improvement contract, with an aspirational target of having individuals in one or more of these groups to compose at least 15 percent of the total number of workers who perform work under the public improvement contract. A contractor’s plan for outreach, recruitment and retention must require the contractor to, at a minimum:

(A) Advertise employment opportunities available under the public improvement contract in general circulation publications, trade association publications and publications that serve an audience or readership that consists primarily of minority individuals, women or veterans;

(B) Follow up on the contractor’s initial solicitations of interest by contacting minority individuals, women or veterans who expressed interest in or responded to the initial solicitation to determine with certainty whether the minority individual, woman or veteran is interested in the opportunities described in subparagraph (A) of this paragraph;

(C) Provide all persons who express continued interest with adequate information about hiring qualifications, pay rates, benefits, the expected duration of employment, work hours and other conditions of employment under the public improvement contract;

(D) Make efforts to encourage minority individuals, women and veterans to seek employment under the public improvement contract that the contractor may reasonably expect will produce a level of participation that meets the aspirational target described in this paragraph; and

(E) Use the services of minority community organizations, local, state, federal and tribal governments or other organizations that have recruiting, training and otherwise assisting minority individuals, women and veterans as the organization’s primary purpose or mission to assist the contractor with outreach, recruitment and retention.

(b) A contractor shall demonstrate adequate good faith efforts to comply with the requirements of paragraph (a) of this subsection.

(c) A contractor shall require any subcontractor with which the contractor has a subcontract with a contract price of $750,000 or more to comply with the requirements set forth for the contractor in paragraph (a) of this subsection.

(5) Intentionally left blank —Ed.

(a) A contractor shall report the extent of the contractor’s compliance with this section and the compliance of a subcontractor described in subsection (4)(c) of this section to the qualifying agency on forms, in a format and with contents the Commissioner of the Bureau of Labor and Industries specifies by rule, and at regular intervals that the qualifying agency specifies in the public improvement contract.

(b) A qualifying agency shall require the contractor to submit for each contract and subcontract the report described in paragraph (a) of this subsection as part of, or as a supplement to, certified statements required under ORS 279C.845 (Certified statements regarding payment of prevailing rates of wage) , shall require contractors to preserve the reports as provided for certified statements in ORS 279C.845 (Certified statements regarding payment of prevailing rates of wage) (5), may disclose the reports as provided in ORS 279C.845 (Certified statements regarding payment of prevailing rates of wage) (6) and may enforce a failure to submit a report as provided in ORS 279C.845 (Certified statements regarding payment of prevailing rates of wage) (7). The reports described in this subsection must include, at a minimum, for each contract or subcontract related to the public improvement contract:

(A) The name of or other identification for the public improvement project;

(B) The city or county in which the public improvement project is located;

(C) A detailed accounting of:

(i) The total number of hours of work that workers performed under each contract and subcontract;

(ii) The total number of hours of work that workers performed in each apprenticeable trade or craft for each contract and subcontract on the public improvement;

(iii) The total number of hours of work that apprentices performed for each contract and subcontract on the public improvement; and

(iv) The total number of hours of work that apprentices in each trade or craft performed for each contract and subcontract on the public improvement; and

(D) The total number of workers who performed construction work and the total numbers of minority individuals, women and veterans who performed construction work under the public improvement contract. A report under this subparagraph must separately list for each worker the worker’s race, ethnicity, gender, veteran status and, as applicable, trade, craft or job category. The Commissioner of the Bureau of Labor and Industries by rule may specify a method for identifying, collecting and reporting the information required under this subparagraph, which may consist of methods the United States Equal Employment Opportunity Commission prescribes in regulations the United States Equal Employment Opportunity Commission adopts under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq.

(6) At least 30 days before making any final payment to a contractor under a public improvement contract, a qualifying agency shall determine the extent of the contractor’s compliance with the requirements in subsections (2) and (3) of this section. The qualifying agency shall base the determination on the ratio between the actual number of work hours that workers in apprenticeable occupations performed for each contract and subcontract on the public improvement and the actual number of work hours that apprentices performed for each contract and subcontract on the public improvement, as shown in reports the qualifying agency receives under subsection (5) of this section.

(7) Intentionally left blank —Ed.

(a) Not later than 30 days after making a final payment to a contractor under a public improvement contract, a qualifying agency shall report to the Bureau of Labor and Industries the information the qualifying agency collected from the contractor under subsection (5) of this section, together with the qualifying agency’s determination under subsection (6) of this section as to whether the contractor and any subcontractor met the requirements for employing and paying apprentices set forth in subsections (2) and (3) of this section. The bureau may specify the form and contents of a report under this paragraph and may require the qualifying agency to also report aggregated data.

(b) Not later than January 2 of each odd-numbered year, the bureau shall report to a committee of the Legislative Assembly that considers matters related to apprenticeship and apprenticeship utilization on public improvement contracts the following data concerning each public improvement contract and subcontract that each qualifying agency completed within the previous two years:

(A) The total number of hours of work that workers performed for each contract or subcontract on all public improvement projects;

(B) The total number of hours of work that workers performed in each apprenticeable trade and craft for each contract and subcontract on all public improvement projects;

(C) The total number of hours of work that apprentices performed for each contract and subcontract on all public improvement projects;

(D) The total number of hours of work that apprentices in each apprenticeable trade or craft performed for each contract and subcontract on all public improvement projects;

(E) The total number of minority individuals, women and veterans who performed work on the public improvement projects; and

(F) Any additional information the bureau determines is necessary to carry out the purposes of this section.

(8) Intentionally left blank —Ed.

(a) A qualifying agency shall reduce the payment due under a public improvement contract to a contractor that does not meet the requirements set forth under subsections (2) and (3) of this section. The amount of the reduction must be equivalent to the difference between the total number of work hours that apprentices in apprenticeable occupations should have performed on the public improvement project to meet the requirement set forth in subsection (2) of this section less the total number of work hours that apprentices in apprenticeable occupations actually performed on the public improvement project, multiplied by $15 per hour.

(b) The qualifying agency shall pay the amount of the reduction under paragraph (a) of this subsection to the State Treasury to the credit of the Bureau of Labor and Industries Account established under ORS 651.160 (Bureau of Labor and Industries Account) . The bureau shall use the amount deposited to fund expansions of apprenticeship training programs, with a focus on programs in areas of this state where contractors did not meet the targets specified in subsection (2) of this section.

(c) A contractor, in a subcontract related to the contractor’s public improvement contract, may provide to the same extent described in paragraph (a) of this subsection for a reduction in the amount due to the subcontractor if the subcontractor fails to perform the subcontract in accordance with the contractor’s requirements under subsections (2) and (3) of this section. The contractor may also provide in the contract for a reduction in the amount due a subcontractor that fails to comply with subsection (4)(c) of this section.

(9) This section does not apply to a public contract that a qualifying agency enters into under ORS 279B.080 (Emergency procurements) . [2017 c.416 §2; 2017 c.416 §3; 2023 c.504 §1]

Note: The amendments to 279C.533 (Minimum hours and pay for apprentices employed on public improvements) by section 2, chapter 504, Oregon Laws 2023, become operative January 1, 2027. See section 5, chapter 504, Oregon Laws 2023. The text that is operative on and after January 1, 2027, is set forth for the user’s convenience.

279C.533 (Minimum hours and pay for apprentices employed on public improvements) . (1) 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 agreement” has the meaning given that term in ORS 660.010 (Definitions for ORS 660.002 to 660.210) .

(d) “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.

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

(f) “Qualifying agency” means:

(A) A state contracting agency; and

(B) The Higher Education Coordinating Commission, a public university listed in ORS 352.002 (Public universities) and a community college district, as defined in ORS 341.005 (Definitions) , to the extent that the commission, the university or the district uses funds paid directly or indirectly from the State Treasury for all or a portion of the construction costs of a public improvement.

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

(h) “Woman” has the meaning given that term in ORS 200.005 (Definitions) .

(2) A qualifying agency shall provide in each public improvement contract for which the contract price exceeds $3 million that the contractor shall:

(a) Employ apprentices to perform 15 percent or more of the work hours that workers in apprenticeable occupations perform for each contract on the public improvement; and

(b) Require in each subcontract with a contract price of $750,000 or more that the subcontractor employ apprentices to perform 15 percent or more of the work hours that workers in apprenticeable occupations perform on the subcontract;

(3) A contractor or subcontractor shall pay an apprentice for work on the public improvement at the hourly rate to which the apprentice is entitled under an apprenticeship agreement or that the apprenticeship training program specifies.

(4) Intentionally left blank —Ed.

(a) A qualifying agency shall require as a material provision of a public improvement contract that the contractor establish and implement a plan for outreach to and recruitment and retention of women, minority individuals and veterans to perform work under the public improvement contract, with an aspirational target of having individuals in one or more of these groups to compose at least 15 percent of the total number of workers who perform work under the public improvement contract. A contractor’s plan for outreach, recruitment and retention must require the contractor to, at a minimum:

(A) Advertise employment opportunities available under the public improvement contract in general circulation publications, trade association publications and publications that serve an audience or readership that consists primarily of minority individuals, women or veterans;

(B) Follow up on the contractor’s initial solicitations of interest by contacting minority individuals, women or veterans who expressed interest in or responded to the initial solicitation to determine with certainty whether the minority individual, woman or veteran is interested in the opportunities described in subparagraph (A) of this paragraph;

(C) Provide all persons who express continued interest with adequate information about hiring qualifications, pay rates, benefits, the expected duration of employment, work hours and other conditions of employment under the public improvement contract;

(D) Make efforts to encourage minority individuals, women and veterans to seek employment under the public improvement contract that the contractor may reasonably expect will produce a level of participation that meets the aspirational target described in this paragraph; and

(E) Use the services of minority community organizations, local, state, federal and tribal governments or other organizations that have recruiting, training and otherwise assisting minority individuals, women and veterans as the organization’s primary purpose or mission to assist the contractor with outreach, recruitment and retention.

(b) A contractor shall demonstrate adequate good faith efforts to comply with the requirements of paragraph (a) of this subsection.

(c) A contractor shall require any subcontractor with which the contractor has a subcontract with a contract price of $750,000 or more to comply with the requirements set forth for the contractor in paragraph (a) of this subsection.

(5) Intentionally left blank —Ed.

(a) A contractor shall report the extent of the contractor’s compliance with this section and the compliance of a subcontractor described in subsection (4)(c) of this section to the qualifying agency on forms, in a format and with contents the Commissioner of the Bureau of Labor and Industries specifies by rule, and at regular intervals that the qualifying agency specifies in the public improvement contract.

(b) A qualifying agency shall require the contractor to submit for each contract and subcontract the report described in paragraph (a) of this subsection as part of, or as a supplement to, certified statements required under ORS 279C.845 (Certified statements regarding payment of prevailing rates of wage) , shall require contractors to preserve the reports as provided for certified statements in ORS 279C.845 (Certified statements regarding payment of prevailing rates of wage) (5), may disclose the reports as provided in ORS 279C.845 (Certified statements regarding payment of prevailing rates of wage) (6) and may enforce a failure to submit a report as provided in ORS 279C.845 (Certified statements regarding payment of prevailing rates of wage) (7). The reports described in this subsection must include, at a minimum, for each contract or subcontract related to the public improvement contract:

(A) The name of or other identification for the public improvement project;

(B) The city or county in which the public improvement project is located;

(C) A detailed accounting of:

(i) The total number of hours of work that workers performed under each contract and subcontract;

(ii) The total number of hours of work that workers performed in each apprenticeable trade or craft for each contract and subcontract on the public improvement;

(iii) The total number of hours of work that apprentices performed for each contract and subcontract on the public improvement; and

(iv) The total number of hours of work that apprentices in each trade or craft performed for each contract and subcontract on the public improvement; and

(D) The total number of workers who performed construction work and the total numbers of minority individuals, women and veterans who performed construction work under the public improvement contract. A report under this subparagraph must separately list for each worker the worker’s race, ethnicity, gender, veteran status and, as applicable, trade, craft or job category. The Commissioner of the Bureau of Labor and Industries by rule may specify a method for identifying, collecting and reporting the information required under this subparagraph, which may consist of methods the United States Equal Employment Opportunity Commission prescribes in regulations the United States Equal Employment Opportunity Commission adopts under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq.

(6) At least 30 days before making any final payment to a contractor under a public improvement contract, a qualifying agency shall determine the extent of the contractor’s compliance with the requirements in subsections (2) and (3) of this section. The qualifying agency shall base the determination on the ratio between the actual number of work hours that workers in apprenticeable occupations performed for each contract and subcontract on the public improvement and the actual number of work hours that apprentices performed for each contract and subcontract on the public improvement, as shown in reports the qualifying agency receives under subsection (5) of this section.

(7) Intentionally left blank —Ed.

(a) Not later than 30 days after making a final payment to a contractor under a public improvement contract, a qualifying agency shall report to the Bureau of Labor and Industries the information the qualifying agency collected from the contractor under subsection (5) of this section, together with the qualifying agency’s determination under subsection (6) of this section as to whether the contractor and any subcontractor met the requirements for employing and paying apprentices set forth in subsections (2) and (3) of this section. The bureau may specify the form and contents of a report under this paragraph and may require the qualifying agency to also report aggregated data.

(b) Not later than January 2 of each odd-numbered year, the bureau shall report to a committee of the Legislative Assembly that considers matters related to apprenticeship and apprenticeship utilization on public improvement contracts the following data concerning each public improvement contract and subcontract that each qualifying agency completed within the previous two years:

(A) The total number of hours of work that workers performed for each contract or subcontract on all public improvement projects;

(B) The total number of hours of work that workers performed in each apprenticeable trade or craft for each contract and subcontract on all public improvement projects;

(C) The total number of hours of work that apprentices performed for each contract and subcontract on all public improvement projects;

(D) The total number of hours of work that apprentices in each apprenticeable trade or craft performed for each contract and subcontract on all public improvement projects;

(E) The total number of minority individuals, women and veterans who performed work on the public improvement projects; and

(F) Any additional information the bureau determines is necessary to carry out the purposes of this section.

(8) Intentionally left blank —Ed.

(a) A qualifying agency shall reduce the payment due under a public improvement contract to a contractor that does not meet the requirements set forth under subsections (2) and (3) of this section. The amount of the reduction must be equivalent to the difference between the total number of work hours that apprentices in apprenticeable occupations should have performed on the public improvement project to meet the requirement set forth in subsection (2) of this section less the total number of work hours that apprentices in apprenticeable occupations actually performed on the public improvement project, multiplied by $15 per hour.

(b) The qualifying agency shall pay the amount of the reduction under paragraph (a) of this subsection to the State Treasury to the credit of the Bureau of Labor and Industries Account established under ORS 651.160 (Bureau of Labor and Industries Account) . The bureau shall use the amount deposited to fund expansions of apprenticeship training programs, with a focus on programs in areas of this state where contractors did not meet the targets specified in subsection (2) of this section.

(c) A contractor, in a subcontract related to the contractor’s public improvement contract, may provide to the same extent described in paragraph (a) of this subsection for a reduction in the amount due to the subcontractor if the subcontractor fails to perform the subcontract in accordance with the contractor’s requirements under subsections (2) and (3) of this section. The contractor may also provide in the contract for a reduction in the amount due a subcontractor that fails to comply with subsection (4)(c) of this section.

(9) This section does not apply to a public contract that a qualifying agency enters into under ORS 279B.080 (Emergency procurements) .

Note: 279C.533 (Minimum hours and pay for apprentices employed on public improvements) was added to and made a part of ORS chapter 279C by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 279C.533 — Minimum hours and pay for apprentices employed on public improvements; contractor’s plan for outreach to and recruitment and retention of COBID-certified businesses; reporting; enforcement; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 279b.085 — OR Code / Title 26 / Chapter 279b / Section 279b.085
279B.085 Special procurements
Status: in_force

(1) As used in this section and ORS 279B.400 (Protests and judicial review of approvals of special procurements) :

(a) “Class special procurement” means a contracting procedure that differs from the procedures described in ORS 279B.055 (Competitive sealed bidding) , 279B.060 (Competitive sealed proposals) , 279B.065 (Small procurements) and 279B.070 (Intermediate procurements) and is for the purpose of entering into a series of contracts over time or for multiple projects.

(b) “Contract-specific special procurement” means a contracting procedure that differs from the procedures described in ORS 279B.055 (Competitive sealed bidding) , 279B.060 (Competitive sealed proposals) , 279B.065 (Small procurements) and 279B.070 (Intermediate procurements) and is for the purpose of entering into a single contract or a number of related contracts on a one-time basis or for a single project.

(c) “Special procurement” means, unless the context requires otherwise, a class special procurement, a contract-specific special procurement or both.

(2) Except as provided in subsection (3) of this section, to seek approval of a special procurement, a contracting agency shall submit a written request to the Director of the Oregon Department of Administrative Services or the local contract review board, as applicable, that describes the contracting procedure, the goods or services or the class of goods or services that are the subject of the special procurement and the circumstances that justify the use of a special procurement under the standards set forth in subsection (4) of this section.

(3) When the contracting agency is the office of the Secretary of State or the office of the State Treasurer, to seek approval of a special procurement, the contracting agency shall submit a written request to the Secretary of State or the State Treasurer, as applicable, that describes the contracting procedure, the goods or services or the class of goods or services that are the subject of the special procurement and the circumstances that justify the use of a special procurement under the standards set forth in subsection (4) of this section.

(4) The director, a local contract review board, the Secretary of State or the State Treasurer may approve a special procurement if the director, board, Secretary of State or State Treasurer finds that a written request submitted under subsection (2) or (3) of this section demonstrates that the use of a special procurement as described in the request, or an alternative procedure prescribed by the director, board, Secretary of State or State Treasurer:

(a) Is unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts; and

(b) Intentionally left blank —Ed.

(A) Is reasonably expected to result in substantial cost savings to the contracting agency or to the public; or

(B) Otherwise substantially promotes the public interest in a manner that could not practicably be realized by complying with requirements that are applicable under ORS 279B.055 (Competitive sealed bidding) , 279B.060 (Competitive sealed proposals) , 279B.065 (Small procurements) or 279B.070 (Intermediate procurements) or under any rules adopted thereunder.

(5) Public notice of the approval of a special procurement must be given in the same manner as provided in ORS 279B.055 (Competitive sealed bidding) (4).

(6) If a contracting agency intends to award a contract through a special procurement that calls for competition among prospective contractors, the contracting agency shall award the contract to the offeror the contracting agency determines to be the most advantageous to the contracting agency.

(7) When the director, a local contract review board, the Secretary of State or the State Treasurer approves a class special procurement under this section, the contracting agency may award contracts to acquire goods or services within the class of goods or services in accordance with the terms of the approval without making a subsequent request for a special procurement. [2003 c.794 §57; 2005 c.103 §8d; 2007 c.764 §7]

(Cancellation, Rejection and Delay of Invitations for Bids or Requests for Proposals)

Source: Section 279B.085 — Special procurements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279B.­html (accessed May 26, 2025).
ORS § 276.244 — OR Code / Title 26 / Chapter 276 / Section 276.244
276.244 Powers of department
Status: in_force

The Oregon Department of Administrative Services may:

(1) Go upon lands or premises in the manner provided by ORS 35.220 (Precondemnation entry on real property) to make surveys and to make estimates of cost.

(2) From time to time, purchase, lease, contract for or condemn any property, land, water or water rights, franchises and privileges.

(3) Construct canals, flumes, ditches and pipelines for conveying waters and reservoirs for the storage of waters.

(4) Repair, improve and enlarge any plants, property or property rights, ditches, flumes and pipelines which may be acquired or constructed under the authority conferred by ORS 276.234 (Providing water and water power for public buildings and institutions) to 276.244 (Powers of department) .

(5) Use such measures and employ such persons as, in the opinion of the department, may be proper and suitable to carry out the provisions of ORS 276.234 (Providing water and water power for public buildings and institutions) to 276.244 (Powers of department) . [Amended by 2003 c.477 §14]

Source: Section 276.244 — Powers of department , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 280.425 — OR Code / Title 26 / Chapter 280 / Section 280.425
280.425 City powers concerning property
Status: in_force

In carrying out the provisions 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) , a city may:

(1) Acquire by agreement, donation or exercise of eminent domain, construct and hold in whole or in part any lands, buildings, easements, water and air rights, improvements to lands and buildings and capital equipment to be located permanently or used exclusively on such lands or in such buildings, which are deemed necessary in connection with an eligible project to be situated within the city and construct, reconstruct, improve, better and extend such projects, and enter into contracts therefor.

(2) Sell and convey all properties acquired in connection with eligible projects, including without limitation the sale and conveyance thereof subject to any mortgage and the sale and conveyance thereof under an option granted to the lessee of the eligible project, for such price, and at such time as the city may determine. However, no sale or conveyance of such properties shall ever be made in such manner as to impair the rights of interests of the holder, or holders, of any bonds issued under the authority 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) .

(3) Make or participate in the making of loans, including mortgage loans, to provide for the construction, substantial rehabilitation or permanent financing of eligible projects and undertake commitments to make such loans. Mortgage loans under this section may include loans for the development of multiple unit residential housing and low income single room occupancy housing to housing sponsors qualified under standards adopted by the city pursuant to 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) .

(4) For mortgage loans under subsection (3) of this section and ORS 280.430 (Contractual powers of city) (5), purchase and sell those mortgage loans at public or private sale; modify or alter such mortgages; foreclose on any such mortgage or security interest or commence any action to protect or enforce any right conferred upon the city by any law, mortgage, security, agreement, contract or other agreement and bid for and purchase property that is subject to such mortgage or security interest at any foreclosure or other sale; acquire or take possession of any such property and complete, administer, pay the principal and interest on any obligations incurred in connection with such property and dispose of such property in such a manner as the city determines necessary to protect its interest under 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) . [1977 c.772 §5; 1979 c.865 §3; 1981 c.368 §3; 2003 c.286 §3]

Source: Section 280.425 — City powers concerning property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors280.­html (accessed May 26, 2025).
ORS § 276.585 — OR Code / Title 26 / Chapter 276 / Section 276.585
276.585 Assignment of excess space
Status: in_force

Whenever space in the office building authorized by chapter 528, Oregon Laws 1971, exceeds current requirements of the Employment Department, the Oregon Department of Administrative Services may assign such space pursuant to ORS 276.004 (Utilization of buildings and grounds other than State Capitol, Supreme Court Building and State Capitol State Park) and 276.410 (Assignment of quarters to officers and state agencies) . However, rental rates for space so assigned shall be computed as provided in ORS 276.575 (Computation of rent schedules) and shall be subject to maintenance and necessary service charges. [1971 c.528 §10; 1977 c.598 §22]

Note: Legislative Counsel has substituted “chapter 528, Oregon Laws 1971,” for the words “this Act” in section 10, chapter 528, Oregon Laws 1971, compiled as 276.585 (Assignment of excess space) . Specific ORS references have not been substituted pursuant to 173.160 (Powers and duties of Legislative Counsel in preparing editions for publication) . These sections may be determined by referring to the 1971 Comparative Section Table located in Volume 22 of ORS.

Source: Section 276.585 — Assignment of excess space; rental and additional charges , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 276.007 — OR Code / Title 26 / Chapter 276 / Section 276.007
276.007 Oregon Department of Administrative Services Operating Fund
Status: in_force

(1) Moneys credited to the Oregon Department of Administrative Services Operating Fund by law are appropriated continuously to the Oregon Department of Administrative Services and may be used to:

(a) Repay investing funds for moneys loaned under ORS 276.009 (Acquisition of state office buildings by installment payments or lease purchase) , 276.013 (Acquisition of office buildings) , 276.015 (Investment of certain funds) and 276.110 (Definitions for ORS 276.009, 276.013, 276.015 and 276.110 to 276.137) to 276.137 (Title to buildings) , and the interest thereon; and

(b) Pay all the expenses associated with operating, maintaining, repairing, equipping and furnishing the buildings and facilities described in ORS 276.004 (Utilization of buildings and grounds other than State Capitol, Supreme Court Building and State Capitol State Park) .

(2) For any biennium any moneys collected by the department pursuant to ORS 276.385 (Rentals for buildings other than State Capitol or Supreme Court Building) and 276.412 (Payment of rent by state agencies) as rental payments for depreciation reserves for space in buildings, parking facilities and mall houses specified in ORS 276.004 (Utilization of buildings and grounds other than State Capitol, Supreme Court Building and State Capitol State Park) and any net profit from mall houses shall be transferred from the Oregon Department of Administrative Services Operating Fund to the Capital Projects Fund for any of the purposes enumerated in ORS 276.005 (Capital Projects Fund) (1).

(3) Except as provided in subsection (2) of this section, and except an amount as determined by the department for operating capital for the management of such office space, for any biennium any moneys collected by the department pursuant to ORS 276.385 (Rentals for buildings other than State Capitol or Supreme Court Building) and 276.412 (Payment of rent by state agencies) as rental payments for space in buildings specified in ORS 276.004 (Utilization of buildings and grounds other than State Capitol, Supreme Court Building and State Capitol State Park) that exceed the amounts required by law to be paid out of such moneys with respect to that biennium, shall be used to adjust rental rates in the current or subsequent biennia. [1969 c.706 §12; 1977 c.116 §3; 1977 c.598 §3; 1981 c.106 §2; 1983 c.599 §7; 1993 c.500 §16; 2019 c.278 §12]

Source: Section 276.007 — Oregon Department of Administrative Services Operating Fund; use of excess amounts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 279c.335 — OR Code / Title 26 / Chapter 279c / Section 279c.335
279C.335 Competitive bidding requirement
Status: in_force

(1) A contracting agency may award a public improvement contract only in response to competitive bids, except for:

(a) A public improvement contract with a qualified nonprofit agency that provides employment opportunities for individuals with disabilities under ORS 279.835 (Definitions for ORS 279.835 to 279.855) to 279.855 (Entities that may obtain goods and services through Oregon Department of Administrative Services) .

(b) A public improvement contract that is exempt under subsection (2) of this section.

(c) A public improvement contract with a value of less than $25,000. A state contracting agency that awards a public improvement contract with a contract price of $10,000 or more under this paragraph 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) Invite to participate in the procurement qualified 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) .

(d) A public improvement contract with a contract price that does not exceed $100,000 made under procedures for competitive quotes in ORS 279C.412 (Competitive quotes for intermediate procurements) and 279C.414 (Requirements for competitive quotes) .

(e) A contract to repair, maintain, improve or protect property the Department of Veterans’ Affairs obtains under ORS 407.135 (Authority of department) and 407.145 (Purchase and control of property) (1).

(f) An energy savings performance contract that a contracting agency enters into in accordance with rules of procedure adopted under ORS 279A.065 (Model rules generally) .

(g) A public improvement contract with an estimated contract price of $250,000 or less that a contracting agency awards to an emerging small business certified under ORS 200.055 (Certification as disadvantaged business enterprise, minority-owned business, woman-owned business, veteran-owned business or emerging small business) and funds with moneys from the Emerging Small Business Account established under ORS 200.180 (Emerging Small Business Account) . A contracting agency that awards a public contract exempted from competitive bidding under this paragraph shall solicit competitive quotes as provided in ORS 279C.414 (Requirements for competitive quotes) before making the award.

(h) A public improvement contract that the Department of Transportation awards to a qualified small business under the small business development program described in ORS 184.906 (Small business development program) . The department may choose to award a public improvement contract described in this paragraph competitively or using other selection methods that comply with the policies set forth in ORS 279A.015 (Policy) .

(2) Subject to subsection (4)(b) and (c) of this section, the Director of the Oregon Department of Administrative Services, a local contract review board or, for contracts described in ORS 279A.050 (Procurement authority) (3)(b), the Director of Transportation may exempt a public improvement contract or a class of public improvement contracts from the competitive bidding requirement of subsection (1) of this section after the Director of the Oregon Department of Administrative Services, the Director of Transportation or the local contract review board approves the following findings that the contracting agency submits or, if a state agency is not the contracting agency, that the state agency that is seeking the exemption submits:

(a) The exemption is unlikely to encourage favoritism in awarding public improvement contracts or substantially diminish competition for public improvement contracts.

(b) Awarding a public improvement contract under the exemption will likely result in substantial cost savings and other substantial benefits to the contracting agency or the state agency that seeks the exemption or, if the contract is for a public improvement described in ORS 279A.050 (Procurement authority) (3)(b), to the contracting agency or the public. In approving a finding under this paragraph, the Director of the Oregon Department of Administrative Services, the Director of Transportation or the local contract review board shall consider the type, cost and amount of the contract and, to the extent applicable to the particular public improvement contract or class of public improvement contracts, the following:

(A) How many persons are available to bid;

(B) The construction budget and the projected operating costs for the completed public improvement;

(C) Public benefits that may result from granting the exemption;

(D) Whether value engineering techniques may decrease the cost of the public improvement;

(E) The cost and availability of specialized expertise that is necessary for the public improvement;

(F) Any likely increases in public safety;

(G) Whether granting the exemption may reduce risks to the contracting agency, the state agency or the public that are related to the public improvement;

(H) Whether granting the exemption will affect the sources of funding for the public improvement;

(I) Whether granting the exemption will better enable the contracting agency to control the impact that market conditions may have on the cost of and time necessary to complete the public improvement;

(J) Whether granting the exemption will better enable the contracting agency to address the size and technical complexity of the public improvement;

(K) Whether the public improvement involves new construction or renovates or remodels an existing structure;

(L) Whether the public improvement will be occupied or unoccupied during construction;

(M) Whether the public improvement will require a single phase of construction work or multiple phases of construction work to address specific project conditions; and

(N) Whether the contracting agency or state agency has, or has retained under contract, and will use contracting agency or state agency personnel, consultants and legal counsel that have necessary expertise and substantial experience in alternative contracting methods to assist in developing the alternative contracting method that the contracting agency or state agency will use to award the public improvement contract and to help negotiate, administer and enforce the terms of the public improvement contract.

(c) As an alternative to the finding described in paragraph (b) of this subsection, if a contracting agency or state agency seeks an exemption that would allow the contracting agency or state agency to use an alternative contracting method that the contracting agency or state agency has not previously used, the contracting agency or state agency may make a finding that identifies the project as a pilot project for which the contracting agency or state agency intends to determine whether using the alternative contracting method actually results in substantial cost savings to the contracting agency, to the state agency or, if the contract is for a public improvement described in ORS 279A.050 (Procurement authority) (3)(b), to the contracting agency or the public. The contracting agency or state agency shall include an analysis and conclusion regarding actual cost savings, if any, in the evaluation required under ORS 279C.355 (Evaluation of public improvement projects not contracted by competitive bidding) .

(3) In making findings to support an exemption for a class of public improvement contracts, the contracting agency or state agency shall clearly identify the class using the class’s defining characteristics. The characteristics must include a combination of project descriptions or locations, time periods, contract values, methods of procurement or other factors that distinguish the limited and related class of public improvement contracts from the agency’s overall construction program. The agency may not identify a class solely by funding source, such as a particular bond fund, or by the method of procurement, but shall identify the class using characteristics that reasonably relate to the exemption criteria set forth in subsection (2) of this section.

(4) In granting exemptions under subsection (2) of this section, the Director of the Oregon Department of Administrative Services, the Director of Transportation or the local contract review board shall:

(a) If appropriate, direct the use of alternative contracting methods that take account of market realities and modern practices and are consistent with the public policy of encouraging competition.

(b) Require and approve or disapprove written findings by the contracting agency or state agency that support awarding a particular public improvement contract or a class of public improvement contracts, without the competitive bidding requirement of subsection (1) of this section. The findings must show that the exemption of a contract or class of contracts complies with the requirements of subsection (2) of this section.

(c) Require a contracting agency or state agency that procures construction manager/general contractor services to conduct the procurement in accordance with model rules the Attorney General adopts under ORS 279A.065 (Model rules generally) (3).

(5) Intentionally left blank —Ed.

(a) A contracting agency or state agency may hold a public hearing before approving the findings required by subsection (2) of this section and before the Director of the Oregon Department of Administrative Services, the Director of Transportation or the local contract review board grants an exemption from the competitive bidding requirement for a public improvement contract or a class of public improvement contracts.

(b) Notification of a proposed exemption under subsection (2) of this section must be published in at least one trade newspaper of general statewide circulation a minimum of 14 days before the date on which the contracting agency intends to take action to approve or disapprove the exemption.

(c) The notice must state that in response to a written request, the contracting agency or state agency will hold a public hearing for the purpose of taking comments on the draft findings for an exemption from the competitive bidding requirement.

(d) If the contracting agency or state agency conducts a public hearing, the contracting agency or state agency shall offer an opportunity for any interested party to appear and comment.

(e) If a contracting agency or state agency must act promptly because of circumstances beyond the agency’s control that do not constitute an emergency, notification of the proposed exemption may be published simultaneously with the agency’s solicitation of contractors for the alternative public contracting method, as long as responses to the solicitation are due at least five days after the agency intends to take action to approve or disapprove the proposed exemption.

(6) The purpose of an exemption is to exempt one or more public improvement contracts from competitive bidding requirements. The representations in and the accuracy of the findings, including any general description of the resulting public improvement contract, are the bases for approving the findings and granting the exemption. The findings may describe anticipated features of the resulting public improvement contract, but the final parameters of the contract are those characteristics or specifics announced in the solicitation document.

(7) A public improvement contract awarded under the competitive bidding requirement of subsection (1) of this section may be amended only in accordance with rules adopted under ORS 279A.065 (Model rules generally) .

(8) A public improvement contract that is excepted from the competitive bidding requirement under subsection (1)(a), (c), (d), (e), (f) or (g) of this section is not subject to the exemption requirements of subsection (2) of this section. [2003 c.794 §103; 2003 c.794 §§104,105a; 2005 c.103 §§12,13,14; 2005 c.625 §§58,59,60; 2007 c.70 §§69,70,71; 2007 c.764 §§14,15,17; 2013 c.522 §8; 2021 c.127 §1; 2021 c.630 §49a; 2023 c.127 §3; 2023 c.469 §2]

Source: Section 279C.335 — Competitive bidding requirement; exceptions; exemptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 276.228 — OR Code / Title 26 / Chapter 276 / Section 276.228
276.228 Approval of claims
Status: in_force

All claims, bills and demands incurred in carrying out the provisions of ORS 276.210 (Definition for ORS 276.210 to 276.228) to 276.228 (Approval of claims) shall be presented to the Oregon Department of Administrative Services for its approval and, on approval, shall be audited and paid as other claims and demands against the state.

Source: Section 276.228 — Approval of claims , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 276.210 — OR Code / Title 26 / Chapter 276 / Section 276.210
276.210 Definition for ORS 276.210 to 276.228
Status: in_force

When used in ORS 276.210 (Definition for ORS 276.210 to 276.228) to 276.228 (Approval of claims) , unless the context requires otherwise, “public buildings and grounds” means the works, buildings and grounds owned by, and situated in, this state and governed, managed or administered by the Oregon Department of Administrative Services and the other state buildings owned by the state and used by any of the departments of the state. [Amended by 1969 c.199 §31]

Source: Section 276.210 — Definition for ORS 276.210 to 276.228 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 279a.225 — OR Code / Title 26 / Chapter 279a / Section 279a.225
279A.225 Protests and disputes
Status: in_force

(1) A protest regarding the procurement process, the contents of solicitation documents or the award or proposed award of an original contract may be directed only to the administering contracting agency. The protest must be in accordance with the provisions of ORS 279B.400 (Protests and judicial review of approvals of special procurements) to 279B.425 (Review of prequalification and debarment decisions) .

(2) A protest regarding the use of a cooperative procurement by a purchasing contracting agency after the execution of an original contract may be directed only to the purchasing contracting agency. The protest must be in accordance with the provisions of ORS 279B.400 (Protests and judicial review of approvals of special procurements) to 279B.425 (Review of prequalification and debarment decisions) and is limited in scope to the purchasing contracting agency’s authority to enter into a cooperative procurement contract.

(3) The decision of a local contracting agency to use a cooperative procurement is reviewable in the circuit court of the county where the principal offices of the local contracting agency are located. The decision of a state contracting agency to use a cooperative procurement shall be reviewable by the Circuit Court for Marion County or the circuit court of the county where the principal offices of the state contracting agency are located.

(4) Disputes regarding contract performance between a purchasing contracting agency and a contractor may be resolved solely by the purchasing contracting agency and the contractor. [2003 c.794 §30]

Source: Section 279A.225 — Protests and disputes , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279A.­html (accessed May 26, 2025).