ORS § 279c.875 — OR Code / Title 26 / Chapter 279c / Section 279c.875
279C.875 Criminal liability for intentional failure to pay prevailing wage
Status: in_force

(1) A contractor or subcontractor, or an agent of a contractor or subcontractor, may not intentionally:

(a) Fail to pay an employee of the contractor or subcontractor the prevailing rate of wage as provided in ORS 279C.840 (Payment of prevailing rate of wage) ;

(b) Reduce the rate of wage that an employee would ordinarily receive for work that is not subject to ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage) in order to recoup wages the contractor, subcontractor or agent paid in accordance with ORS 279C.840 (Payment of prevailing rate of wage) ;

(c) Withhold, deduct or divert any portion of an employee’s wages except as provided in ORS 652.610 (Itemized statement of amounts and purposes of deductions) (3);

(d) Enter into an agreement with an employee under the terms of which the employee performs work on a public works project at less than the prevailing rate of wage; or

(e) Otherwise deprive an employee, permanently or indefinitely, of wages due to an employee under ORS 279C.840 (Payment of prevailing rate of wage) in an amount that equals or exceeds 25 percent of wages due to the employee under ORS 279C.840 (Payment of prevailing rate of wage) or $1,000 in a single pay period, whichever is greater.

(2) A violation of subsection (1) of this section is a Class C felony.

(3) In addition to and not in lieu of any action the Commissioner of the Bureau of Labor and Industries may bring under ORS 279C.870 (Civil action to enforce payment of prevailing rates of wage) , the commissioner may:

(a) Refer a violation of subsection (1) of this section to a district attorney or the Attorney General for prosecution; and

(b) Adopt rules necessary to implement the provisions of this section. [2016 c.115 §4]

Note: 279C.875 (Criminal liability for intentional failure to pay prevailing wage) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 279C or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 279C.875 — Criminal liability for intentional failure to pay prevailing wage; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 280.445 — OR Code / Title 26 / Chapter 280 / Section 280.445
280.445 Factors considered in determining whether to issue bonds
Status: in_force

In determining whether to issue revenue bonds 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) , the governing body of the city shall consider:

(1) The bond market for the types of bonds proposed for issuance.

(2) The terms and conditions of the proposed issue.

(3) Whether the borrower, lessee or purchaser is financially responsible and fully capable and willing to fulfill its obligations under the loan agreement, agreement of lease or contract, including the obligation to pay rent in the amounts and at the times required, the obligation to operate, repair and maintain at its own expense the project financed, leased or sold, and to serve the purposes 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) and such other responsibilities as may be imposed under the loan agreement, lease or contract. In determining financial responsibility of the borrower, lessee or purchaser, consideration shall be given to the borrower’s, lessee’s or purchaser’s ratio of current assets to current liabilities, net worth, earning trends, coverage of all fixed charges, the nature of the industry or business involved, its inherent stability, any guarantee of the obligations by some other financially responsible corporation, firm or person, and other factors determinative of the capability of the borrower, lessee or purchaser, financially and otherwise, to fulfill its obligations consistently with the purposes 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) .

(4) Such other relevant factors as the governing body considers necessary to protect the financial integrity of the city. [1977 c.772 §8; 2003 c.286 §6]

Source: Section 280.445 — Factors considered in determining whether to issue bonds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors280.­html (accessed May 26, 2025).
ORS § 283.080 — OR Code / Title 26 / Chapter 283 / Section 283.080
283.080 Special revolving fund for immediate payments
Status: in_force

(1) The Oregon Department of Administrative Services may draw a warrant on the State Treasurer in favor of the Oregon Department of Administrative Services payable out of the Oregon Department of Administrative Services Operating Fund established under ORS 283.076 (Oregon Department of Administrative Services Operating Fund) for the amount necessary to restore the special revolving fund to the maximum authorized level of $10,000. The amount drawn shall be credited to a special revolving fund which shall be carried with the State Treasurer and shall be used by the department when it is necessary or desirable to make immediate payments.

(2) The Oregon Department of Administrative Services shall file at least once each month a verified voucher covering current disbursements from the special revolving fund. The voucher shall be accompanied by an itemized statement showing the names of the persons, firms or corporations to whom and the purposes for which the disbursements were made.

(3) Upon receipt of the voucher, the Oregon Department of Administrative Services shall draw a warrant on the State Treasurer in favor of the Oregon Department of Administrative Services payable out of the Oregon Department of Administrative Services Operating Fund. The amount drawn shall be deposited in the special revolving fund and shall be for a sum sufficient only to replenish the special revolving fund.

(4) In addition to the authority provided in ORS 293.180 (Agency petty cash fund) , the Oregon Department of Administrative Services is authorized to establish petty cash funds, in an amount not to exceed $250, out of the special revolving fund from which small cash disbursements, in payment of expenses, may be made. Periodically, a request for reimbursement of disbursements shall be made. Upon receipt of the warrant drawn on the State Treasurer, in favor of the Oregon Department of Administrative Services, payable out of the Oregon Department of Administrative Services Operating Fund, it shall be redeemed and the cash received used to replenish the petty cash fund. [1977 c.316 §2; 1981 c.106 §17; 1983 c.424 §1; 1989 c.84 §6; 1993 c.500 §38; 1997 c.109 §1]

Source: Section 283.080 — Special revolving fund for immediate payments; petty cash fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors283.­html (accessed May 26, 2025).
ORS § 283.337 — OR Code / Title 26 / Chapter 283 / Section 283.337
283.337 Reports to Department of Environmental Quality and State Department of Energy
Status: in_force

(1) Prior to December 31 of each year, each agency owning motor vehicles shall submit an annual report to the Department of Environmental Quality and the State Department of Energy. The report shall contain at a minimum:

(a) The number of vehicles acquired that are capable of using alternative fuel;

(b) The number of vehicles converted from the use of gasoline to the use of alternative fuel;

(c) The amount of each type of alternative fuel used in the vehicles;

(d) The number of zero-emission vehicles, as defined in ORS 283.398 (Findings and goals for zero-emission vehicles) , acquired;

(e) The amount of electricity used in the zero-emission vehicles; and

(f) Any other information required by the Department of Environmental Quality and the State Department of Energy.

(2) In the report, an agency that purchases or leases a vehicle that is not a zero-emission vehicle shall explain the reason for the purchase of an alternative fuel, hybrid or low-emission vehicle and demonstrate that purchasing or leasing a zero-emission vehicle was not feasible. To assess the feasibility of a zero-emission vehicle under this subsection, an agency may not consider any incremental cost of a zero-emission vehicle over a comparable vehicle. [1991 c.399 §3; 1993 c.335 §7; 2019 c.565 §5; 2023 c.553 §4]

Source: Section 283.337 — Reports to Department of Environmental Quality and State Department of Energy; content , https://www.­oregonlegislature.­gov/bills_laws/ors/ors283.­html (accessed May 26, 2025).
ORS § 279c.325 — OR Code / Title 26 / Chapter 279c / Section 279c.325
279C.325 Limitation on contracting agency awarding contract to nonresident education service district
Status: in_force

A contracting agency may not award a public improvement contract, a contract for a public works, as defined in ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) , or a contract for personal services, as defined in ORS 279C.100 (Definitions for ORS 279C.100 to 279C.125) , to a nonresident bidder, as defined in ORS 279A.120 (Preference for Oregon goods and services) , that is an education service district. [2005 c.413 §2]

(Competitive Bidding; Contract Specifications; Exceptions; Exemptions)

Source: Section 279C.325 — Limitation on contracting agency awarding contract to nonresident education service district , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 276.137 — OR Code / Title 26 / Chapter 276 / Section 276.137
276.137 Title to buildings
Status: in_force

On repayment of all moneys loaned by investing funds to acquire a building 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) , title to such building shall vest automatically in the Oregon Department of Administrative Services in the name of the State of Oregon. [1969 c.706 §32; 1975 c.104 §2; 1977 c.598 §11; 2019 c.278 §13]

Source: Section 276.137 — Title to buildings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 283.100 — OR Code / Title 26 / Chapter 283 / Section 283.100
283.100 General government administrative functions and information technology and communications functions for state agencies
Status: in_force

(1) The Oregon Department of Administrative Services shall provide general government administrative functions for state agencies. The State Chief Information Officer shall provide information technology and telecommunications functions for state agencies. The department or the State Chief Information Officer shall allocate the costs that the department or the State Chief Information Officer determines for the services, or a portion of the services, to state agencies, which shall pay the costs to the department or the State Chief Information Officer, as appropriate, in the same manner as the state agency pays other claims. The State Chief Information Officer shall deposit all moneys that the State Chief Information Officer receives from state agencies for services under this section into the State Information Technology Operating Fund.

(2) Except as otherwise provided by law, the provisions of subsection (1) of this section do not:

(a) Require a state agency to transfer to the State Chief Information Officer information technology or telecommunications equipment, assets or resources that are under the state agency’s control;

(b) Require a state agency to subject employees of the state agency to the State Chief Information Officer’s direct supervision;

(c) Require a state agency to consolidate information technology or telecommunications equipment, assets or resources with another state agency’s information technology or telecommunications equipment, assets or resources; or

(d) Prevent a state agency from providing information technology or telecommunications functions for the state agency. [1993 c.62 §1; 2015 c.807 §24a]

Note: 283.100 (General government administrative functions and information technology and communications functions for state agencies) was enacted into law by the Legislative Assembly but was 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 283.100 — General government administrative functions and information technology and communications functions for state agencies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors283.­html (accessed May 26, 2025).
ORS § 276.242 — OR Code / Title 26 / Chapter 276 / Section 276.242
276.242 Proceedings in name of state
Status: in_force

All actions and proceedings shall be brought in the name of the state, and the pleadings shall be signed by the Director of the Oregon Department of Administrative Services. All conveyances of lands, or water and water rights, franchises and privileges, shall be made directly to the state, and all leases and contracts shall be made by the Oregon Department of Administrative Services in the name of and for the use and benefit of the state. [Amended by 1969 c.199 §37; 1979 c.284 §129]

Source: Section 276.242 — Proceedings in name of state; pleadings; conveyances and contracts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 279a.167 — OR Code / Title 26 / Chapter 279a / Section 279a.167
279A.167 Certification program for training in pay equity provisions of state law
Status: in_force

(1) The Oregon Department of Administrative Services shall establish a program to certify that a person that intends to submit a bid or proposal for a public contract understands the prohibition set forth in ORS 652.220 (Prohibition of discriminatory wage rates based on protected class) and in other laws or rules that prohibit discrimination in compensation or wage payments. The program must include, but is not limited to, all of these elements:

(a) A curriculum for training prospective bidders and proposers in complying with the prohibition described in this subsection. The curriculum must include hypothetical situations, case studies and other examples that show conduct that would violate the prohibition and other conduct that would constitute correct and best practices.

(b) Criteria for assessing whether prospective bidders and proposers understand the prohibition and can successfully apply best practices to a hypothetical situation that involves discrimination in compensation or wage payments.

(c) Standards for successful completion of the curriculum and assessment that will result in the department issuing the certificate.

(2) The department may conduct the training and assessment for the program described in subsection (1) of this section or may enter into an interagency agreement with the Bureau of Labor and Industries or a contract with a private entity to conduct the training and assessment.

(3) The department may by rule specify a period of time during which a certificate the department issues under this section is valid and may adopt other rules that are necessary to implement the provisions of this section. [2015 c.454 §2]

Source: Section 279A.167 — Certification program for training in pay equity provisions of state law; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279A.­html (accessed May 26, 2025).
ORS § 276.591 — OR Code / Title 26 / Chapter 276 / Section 276.591
276.591 Definition
Status: in_force

(1) As used in ORS 276.591 (Definition) to 276.601 (Establishment of rates for minimum parking fees) , “parking facility” includes any parking space, grounds, structure or lot used for motor vehicle parking that the state or any state agency owns or controls through a direct lease, lease purchase or installment purchase agreement.

(2) It is the state policy with regard to parking facilities:

(a) That each state agency that owns or controls parking facilities regulate their use and impose on users, whether or not state employees, equitable charges consistent with the state policy for such parking and with the policies as described in ORS 276.591 (Definition) to 276.601 (Establishment of rates for minimum parking fees) .

(b) That use of alternative modes of transportation be encouraged.

(c) That traffic congestion and energy waste be minimized.

(d) That the use of single occupant vehicles be discouraged. [1981 c.591 §1; 1989 c.990 §1; 2021 c.107 §1]

Source: Section 276.591 — Definition; state parking facilities policy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 283.395 — OR Code / Title 26 / Chapter 283 / Section 283.395
283.395 Driving state-owned vehicles for private purposes prohibited
Status: in_force

(1) No person shall drive, operate or use, or authorize or permit any person to drive, operate or use, any motor vehicle as defined in ORS 283.305 (Definitions for ORS 283.305 to 283.350) for any purpose except for official state business as defined in ORS 283.305 (Definitions for ORS 283.305 to 283.350) and by rule of the Oregon Department of Administrative Services.

(2) The department shall adopt rules to distinguish private from public purposes. [Formerly 291.726; 1991 c.176 §5; 1993 c.335 §10]

Source: Section 283.395 — Driving state-owned vehicles for private purposes prohibited; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors283.­html (accessed May 26, 2025).
ORS § 279b.100 — OR Code / Title 26 / Chapter 279b / Section 279b.100
279B.100 Cancellation, rejection, delay of invitations for bids or requests for proposals
Status: in_force

(1) Any solicitation or procurement described in a solicitation may be canceled, or any or all bids or proposals may be rejected in whole or in part, when the cancellation or rejection is in the best interest of the contracting agency as determined by the contracting agency. The reasons for the cancellation or rejection must be made part of the solicitation file. A contracting agency is not liable to any bidder or proposer for any loss or expense caused by or resulting from the cancellation or rejection of a solicitation, bid, proposal or award.

(2) Any solicitation or procurement described in a solicitation may be delayed or suspended when the delay or suspension is in the best interest of the contracting agency as determined by the contracting agency. The contracting agency shall make the reasons for the delay or suspension part of the solicitation file. A contracting agency is not liable to any bidder or proposer for any loss or expense caused by or resulting from the delay or suspension of a solicitation, bid, proposal or award. [2003 c.794 §58]

Source: Section 279B.100 — Cancellation, rejection, delay of invitations for bids or requests for proposals , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279B.­html (accessed May 26, 2025).
ORS § 280.430 — OR Code / Title 26 / Chapter 280 / Section 280.430
280.430 Contractual powers of city
Status: in_force

In addition to any other powers granted by law or charter, a city may:

(1) Make loans from bond proceeds to finance eligible projects or lease or sublease eligible projects to any person, firm or public or private corporation or federal or state governmental subdivision or agency. Such agreement shall provide that:

(a) The borrower or lessee shall operate, repair and maintain the project which is leased or financed with the loan;

(b) Rents to be charged for the use of the projects shall be fixed, and revised from time to time as necessary, so as to produce income and revenue sufficient to provide for the prompt payment when due of principal of, and interest on, all bonds issued 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) ;

(c) The loan or lease shall terminate not earlier than the date on which all bonds and all other obligations incurred by the local agency in connection with the project or projects leased or financed by the loan shall be paid in full, including interest, principal and redemption premiums, if any, or adequate funds for such payment are deposited in trust;

(d) The lessee’s obligation to pay rent shall not be subject to cancellation, termination or abatement by the lessee until payment of the bonds or provision for payments is made;

(e) The lessee shall be required to provide adequate insurance in the project and insurance against all liability for injury to persons or property arising from its operation; and

(f) The lessee shall pay all taxes and special assessments levied upon or with respect to the leased premises and payable during the term of the lease, during which term ad valorem taxes shall be assessed in the same amount and to the same extent as though the lessee were the owner of all real and personal property comprising the project;

(2) Acquire, sell and enter into installment sale contracts for eligible projects and land sale contracts for eligible projects;

(3) Pledge and assign to the holders of such bonds or a trustee therefor all or any part of the revenues of one or more eligible projects owned or to be acquired by the city and define and segregate such revenues or provide for the payment thereof to a trustee;

(4) Mortgage or otherwise encumber eligible projects in favor of the holders of such bonds or a trustee therefor. However, in creating any such mortgages or encumbrances the city can not obligate itself except with respect to the project;

(5) Purchase, service, sell and make commitments to purchase, service and sell mortgage loans originated by private lending institutions for residential housing for owner-occupied dwelling units in the form of condominium or cooperative interests in multiple unit housing projects located within the areas specified in ORS 280.410 (Definitions for ORS 280.410 to 280.485) (1)(b) to persons whose income does not exceed 150 percent of the prevailing median income for families within the city, whether or not the projects are financed in whole or in part 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) . A city shall equitably allocate the origination and servicing of mortgages under this subsection to private lending institutions in accordance with standards adopted by the city;

(6) Make all contracts, execute and deliver all instruments, including any loan agreements or notes, and do all things necessary or convenient in the exercise of the powers granted by this section, or in the performance of its covenants or duties, or in order to secure the payment of its bonds, including a contract entered into prior to the construction, acquisition and installation of the eligible project authorizing the borrower or lessee, subject to such terms and conditions as the city shall find necessary or desirable and proper, to provide for the construction, acquisition and installation of the buildings, improvements and equipment to be included in the project by any means available to the borrower or lessee and in the manner determined by the borrower or lessee, and without advertisement for bids as may be required for the construction, acquisition or installation of other public facilities;

(7) Perform any other duties that the city considers necessary in carrying out 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) , including but not limited to, efforts to minimize the effects of displacement of residents resulting from projects financed under ORS 280.425 (City powers concerning property) (3);

(8) Enter into and perform such contracts and agreements with political subdivisions and state agencies as the respective governing bodies of the same may consider proper and feasible for or concerning the planning, construction, installation, lease, or other acquisition, and the financing of such facilities, which contracts and agreements may establish a board, commission or such other body as may be deemed proper for the supervision and general management of the facilities of the eligible project; and

(9) Accept from any authorized agency of the federal government loans or grants for the planning, construction, acquisition, leasing, or other provision of any eligible project, and enter into agreements with such agency respecting such loans or grants. [1977 c.772 §4; 1979 c.865 §4; 2003 c.286 §4]

Source: Section 280.430 — Contractual powers of city; requirements for project loans and leases , https://www.­oregonlegislature.­gov/bills_laws/ors/ors280.­html (accessed May 26, 2025).
ORS § 276.234 — OR Code / Title 26 / Chapter 276 / Section 276.234
276.234 Providing water and water power for public buildings and institutions
Status: in_force

(1) The Oregon Department of Administrative Services shall provide for the supplying of the public buildings and grounds with water and water power sufficient for the present and future use of the facilities serviced. The department shall have full power to carry into effect the provisions of this section.

(2) As used in this section, “public buildings and grounds” means the public buildings and grounds and works that are, from time to time, created by law and come within the jurisdiction of the department and the other state buildings now or hereafter located at or near the seat of government. [Amended by 1953 c.259 §2; 1969 c.199 §36]

Source: Section 276.234 — Providing water and water power for public buildings and institutions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 276.054 — OR Code / Title 26 / Chapter 276 / Section 276.054
276.054 Declaration of policy concerning capitol area and other areas
Status: in_force

A special relationship exists between the City of Salem, Oregon’s capitol, and state government. State lands and buildings and the functions of state government have a significant impact on the City of Salem. It is declared to be the purpose and policy of the State of Oregon to establish and effectuate a long-range plan of development of the capitol area in the City of Salem and the areas immediately surrounding state buildings situated outside the capitol area within the boundaries of the City of Salem and to coordinate the acquisition and disposition of real property and the construction of buildings by the state, the laying out of streets and the landscaping of grounds in the areas. The purpose of the long-range plan is to enhance and preserve the beauty and dignity of the areas and permanently to secure the areas from commercial and industrial encroachment. [Formerly 276.028]

Source: Section 276.054 — Declaration of policy concerning capitol area and other areas , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 276.055 — OR Code / Title 26 / Chapter 276 / Section 276.055
276.055 Capitol Planning Commission
Status: in_force

(1) The Capitol Planning Commission is established. The commission shall consist of nine members, as follows:

(a) Four members shall be appointed by the Governor;

(b) One member shall be the Mayor of the City of Salem or the designee of the mayor;

(c) One member shall be the chairperson of the Salem Planning Commission or a member of the planning commission who is designated by the chairperson;

(d) One member shall be the Director of the Oregon Department of Administrative Services or the designee of the director;

(e) One member, who shall be an advisory member without vote, shall be the President of the Senate or a person serving in the Senate who is designated by the President; and

(f) One member, who shall be an advisory member without vote, shall be the Speaker of the House of Representatives or a person serving in the House of Representatives who is designated by the Speaker.

(2) Of the four members of the commission appointed by the Governor under subsection (1) of this section:

(a) At least two members must be residents of Marion County or Polk County. Of the members who are residents of Marion County or Polk County, at least one member must be a resident of the City of Salem.

(b) Only one member may be employed by a public body as defined in ORS 174.109 (“Public body” defined) .

(3) The term of office of the four members of the commission appointed by the Governor is four years, but each such member shall serve at the pleasure of the Governor.

(4) A vacancy in the office of any of the four members of the commission appointed by the Governor shall be filled by the Governor by appointment for the unexpired term.

(5) The commission shall elect a chairperson and a vice chairperson, who shall serve as officers for a term of two years and may be reelected.

(6) Members of the Capitol Planning Commission who are not members of the Legislative Assembly are entitled to compensation and expenses as provided in ORS 292.495 (Compensation and expenses of members of state boards and commissions) . Members of the commission who are members of the Legislative Assembly shall be paid compensation and expense reimbursement as provided in ORS 171.072 (Salary of members and presiding officers) , payable from funds appropriated to the Legislative Assembly.

(7) The Oregon Department of Administrative Services shall provide staffing and other resources required by the commission to carry out the commission’s duties.

(8) The commission shall adopt administrative rules necessary for the performance of the commission’s duties.

(9) The Capitol Planning Commission shall meet at the call of the chairperson or at such times that a majority of the commission members considers appropriate. The Governor may call the commission to meet at any time requested by the Oregon Department of Administrative Services. [2009 c.896 §§1 to 3]

Note: 276.055 (Capitol Planning Commission) to 276.061 (Commission’s cooperation with City of Salem) were enacted into law by the Legislative Assembly but were 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 276.055 — Capitol Planning Commission; compensation; meetings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 279c.829 — OR Code / Title 26 / Chapter 279c / Section 279c.829
279C.829 Agreement with other state to pay less than prevailing rate of wage
Status: in_force

Notwithstanding any other provision of law, a contracting agency may not enter into an agreement with another state or a political subdivision or agency of another state in which the contracting agency agrees that a contractor or subcontractor may pay less than the prevailing rate of wage determined in accordance with ORS 279C.815 (Determination of prevailing wage) under the terms of a contract for public works to which the contracting agency is a party or of which the contracting agency is a beneficiary. [2009 c.322 §2]

Source: Section 279C.829 — Agreement with other state to pay less than prevailing rate of wage , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 283.091 — OR Code / Title 26 / Chapter 283 / Section 283.091
283.091 Governor’s budget to include amount needed to pay amounts due on unpaid financing agreements
Status: in_force

The Oregon Department of Administrative Services shall include in the Governor’s budget for each fiscal period amounts sufficient to permit the payment of all amounts which will be due on unpaid financing agreements during that fiscal period. [1989 c.1032 §4; 2016 c.117 §46]

Note: See second note under 283.085 (Definitions for ORS 283.085 to 283.092) .

Source: Section 283.091 — Governor’s budget to include amount needed to pay amounts due on unpaid financing agreements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors283.­html (accessed May 26, 2025).
ORS § 279b.010 — OR Code / Title 26 / Chapter 279b / Section 279b.010
279B.010 Policy
Status: in_force

In addition to the policy stated in ORS 279A.015 (Policy) , it is the policy of the State of Oregon that public contracting activities should:

(1) Provide effective outcomes that represent optimal value to the contracting agency and, to the greatest extent feasible, be consistent with market practices;

(2) Seek consistency in procurement practices between contracting agencies covered under the Public Contracting Code while preserving each contracting agency’s ability to adopt rules to maximize the contracting agency’s effectiveness; and

(3) Apply innovative practices while maintaining quality and integrity. [2003 c.794 §48]

Source: Section 279B.010 — Policy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279B.­html (accessed May 26, 2025).
ORS § 279a.030 — OR Code / Title 26 / Chapter 279a / Section 279a.030
279A.030 Federal law prevails in case of conflict
Status: in_force

Except as otherwise expressly provided 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) , and notwithstanding ORS 279C.005 (Definitions) to 279C.670 (Application of ORS 279C.650 to 279C.670) and this chapter and ORS chapter 279B, applicable federal statutes and regulations govern when federal funds are involved and the federal statutes or regulations conflict with any provision of ORS 279C.005 (Definitions) to 279C.670 (Application of ORS 279C.650 to 279C.670) or this chapter or ORS chapter 279B, or require additional conditions in public contracts not authorized by ORS 279C.005 (Definitions) to 279C.670 (Application of ORS 279C.650 to 279C.670) or this chapter or ORS chapter 279B. [2003 c.794 §6]

Source: Section 279A.030 — Federal law prevails in case of conflict , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279A.­html (accessed May 26, 2025).
ORS § 279b.283 — OR Code / Title 26 / Chapter 279b / Section 279b.283
279B.283 Condition concerning use of conflict minerals
Status: in_force

(1) As used in this section:

(a) “Affiliated entity” means an entity that a prospective contractor controls, that controls the prospective contractor or that another entity controls in common with the prospective contractor.

(b) “Conflict minerals” means:

(A) Columbite-tantalite or an ore for tantalum;

(B) Cassiterite or an ore for tin;

(C) Wolframite or an ore for tungsten;

(D) Gold;

(E) A derivative of any of the minerals identified in subparagraph (A), (B), (C) or (D) of this paragraph; or

(F) Any other mineral or derivative of a mineral the extraction, sale, distribution or use of which a state contracting agency determines, based on findings that the United States Secretary of State makes, is financing conflict in the Democratic Republic of the Congo or a country that shares an internationally recognized border with the Democratic Republic of the Congo.

(2) Intentionally left blank —Ed.

(a) A state contracting agency in solicitation documents for a public contract shall require a prospective contractor to state in the prospective contractor’s bid or proposal for the public contract:

(A) Whether and to what extent any of the materials the prospective contractor or an affiliated entity of the prospective contractor intends to use in performing the public contract are conflict minerals; and

(B) That the prospective contractor’s and the affiliated entity’s disclosures, policies, practices and procedures with respect to procuring conflict minerals comply with the most recent edition of the Organization for Economic Cooperation and Development’s Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas.

(b) A prospective contractor may meet the requirement set forth in paragraph (a) of this subsection by linking or referring in a bid or proposal to a description of disclosures, policies, practices and procedures with respect to procuring conflict minerals that the prospective contractor or the affiliated entity has posted on the prospective contractor’s or affiliated entity’s website or has otherwise made available as an official publication that is accessible to the public.

(3) Notwithstanding provisions of law that require a state contracting agency to award a public contract to the lowest responsible bidder or to the prospective contractor that submits the best proposal or quotation, to the extent that procurement requires or will use conflict minerals, a state contracting agency shall give a preference to each prospective contractor that meets the requirements set forth in subsection (2) of this section. [2019 c.294 §2]

Source: Section 279B.283 — Condition concerning use of conflict minerals , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279B.­html (accessed May 26, 2025).
ORS § 279.850 — OR Code / Title 26 / Chapter 279 / Section 279.850
279.850 Procurement of product or service
Status: in_force

(1) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection and subject to paragraph (c) of this subsection, a public agency that intends to procure a product or service on the procurement list that the Oregon Department of Administrative Services established under ORS 279.845 (Duties of Oregon Department of Administrative Services) shall, in accordance with the department’s rules, procure the product or service at the price the department establishes from a qualified nonprofit agency for individuals with disabilities, provided that the product or service is of the appropriate specifications and is available within the period the public agency requires.

(b) A public agency may procure a product or service that is on the procurement list described in paragraph (a) of this subsection from a person other than a qualified nonprofit agency for individuals with disabilities if:

(A) All of the qualified nonprofit agencies for individuals with disabilities on the procurement list that applies to the public agency have a record in the previous three years of repeatedly violating, or are not now in compliance with, applicable local ordinances or resolutions that govern labor standards; and

(B) The person, for a period of 90 days after the person enters into an agreement with the public agency, offers to employ the employees of a qualified nonprofit agency for individuals with disabilities from which the public agency would have procured the product or service but for the failure of the qualified nonprofit agency for individuals with disabilities to comply with an applicable local ordinance or resolution that governs labor standards.

(c) If a public agency may choose to procure a product or service from more than one qualified nonprofit agency for individuals with disabilities, the public agency may give a preference to the qualified nonprofit agency for individuals with disabilities that best demonstrates that the qualified nonprofit agency for individuals with disabilities:

(A) Complies with all applicable local ordinances and resolutions that govern labor standards; and

(B) Provides wages, health care benefits, alternative dispute resolution services and pension or other retirement arrangements that, in the aggregate, are better than the average package of wages, health care benefits, alternative dispute resolution services and pension or other retirement arrangements that private employers provide to employees that perform the same or similar job duties:

(i) In the same industry in which the qualified nonprofit agency for individuals with disabilities engages; and

(ii) In the county in which the qualified nonprofit agency for individuals with disabilities will deliver the product or perform the service.

(2) Intentionally left blank —Ed.

(a) A public agency may require in any agreement with a qualified nonprofit agency 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) that the qualified nonprofit agency for individuals with disabilities comply with applicable local ordinances or resolutions that govern labor standards.

(b) A public agency may disqualify a qualified nonprofit agency for individuals with disabilities from entering into an agreement with the public agency 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) for a period of three years if the public agency:

(A) Determines that the qualified nonprofit agency for individuals with disabilities repeatedly violated local ordinances or resolutions that govern labor standards during the term of an agreement with the public agency 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) ; or

(B) Finds that the qualified nonprofit agency for individuals with disabilities has a record in the previous three years of repeatedly violating applicable local ordinances or resolutions that govern labor standards.

(3) In furthering the purposes of 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) , 279A.025 (Application of Public Contracting Code) (4) and 279C.335 (Competitive bidding requirement) , the Legislative Assembly intends that the department, public agencies and qualified nonprofit agencies for individuals with disabilities cooperate closely. The department on behalf of public agencies and qualified nonprofit agencies for individuals with disabilities may enter into contractual agreements, cooperative working relationships or other arrangements that are necessary to effectively coordinate and efficiently realize the objectives of 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) , 279A.025 (Application of Public Contracting Code) (4) and 279C.335 (Competitive bidding requirement) and any other law that governs a procurement of products or services. [1977 c.304 §5; 1989 c.224 §45; 2003 c.794 §229e; 2007 c.70 §65; 2015 c.526 §3]

Source: Section 279.850 — Procurement of product or service; agreements for procurement; exceptions; preferences , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279.­html (accessed May 26, 2025).
ORS § 278.205 — OR Code / Title 26 / Chapter 278 / Section 278.205
278.205 Certificates of insurance
Status: in_force

(1) The Oregon Department of Administrative Services may issue a certificate of motor vehicle liability insurance and make assessments therefor.

(2) When issued on vehicles owned by local public bodies, such insurance shall also include uninsured motorist coverage and may include personal injury protection benefits and shall provide at least the minimum coverages and amounts set forth in ORS 742.500 (Definitions for ORS 742.500 to 742.506) to 742.542 (Effect of personal injury protection benefits paid) . However, at the request of a local public body, the department may provide uninsured motorist coverage or personal injury protection benefits for the motor vehicles owned by the local public body in amounts greater than those required under ORS 742.500 (Definitions for ORS 742.500 to 742.506) to 742.542 (Effect of personal injury protection benefits paid) .

(3) When issued on state-owned vehicles furnished for public use including, but not limited to, use authorized under ORS 276.598 (Carpools or vanpools) , such insurance shall include uninsured motorist coverage and personal injury protection benefits and shall provide at least the minimum coverages and amounts set forth in ORS 742.500 (Definitions for ORS 742.500 to 742.506) to 742.542 (Effect of personal injury protection benefits paid) .

(4) The department by rule may provide personal injury protection benefits in excess of those specified in this section. [1979 c.842 §2; 1981 c.490 §2]

Source: Section 278.205 — Certificates of insurance; coverage; personal injury protection benefits; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors278.­html (accessed May 26, 2025).
ORS § 279c.414 — OR Code / Title 26 / Chapter 279c / Section 279c.414
279C.414 Requirements for competitive quotes
Status: in_force

(1) Rules adopted under ORS 279A.065 (Model rules generally) to govern competitive quotes shall require the contracting agency to seek at least three informally solicited competitive price quotes from prospective contractors. The contracting agency shall keep a written record of the sources and amounts of the quotes received. If three quotes are not reasonably available, fewer will suffice, but in that event the contracting agency shall make a written record of the effort made to obtain the quotes.

(2) If a contract is to be awarded by competitive quotes, the contracting agency shall award the contract to the prospective contractor whose quote will best serve the interests of the contracting agency, taking into account price as well as any other applicable factors such as, but not limited to, experience, specific expertise, availability, project understanding, contractor capacity and responsibility. If an award is not made to the prospective contractor offering the lowest price quote, the contracting agency shall make a written record of the basis for award. [2003 c.794 §133]

Source: Section 279C.414 — Requirements for competitive quotes , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 279a.005 — OR Code / Title 26 / Chapter 279a / Section 279a.005
279A.005 Short title
Status: in_force

ORS chapters 279A, 279B and 279C may be cited as the Public Contracting Code. [2003 c.794 §1]

Source: Section 279A.005 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279A.­html (accessed May 26, 2025).
ORS § 279c.815 — OR Code / Title 26 / Chapter 279c / Section 279c.815
279C.815 Determination of prevailing wage
Status: in_force

(1) As used in this section, “person” means an employer, a labor organization or an official representative of an employee or employer association.

(2) Intentionally left blank —Ed.

(a) The Commissioner of the Bureau of Labor and Industries at least once each year shall determine in accordance with paragraph (b) of this subsection the prevailing rate of wage for workers in each trade or occupation in each locality described in ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) and shall make this information available at least twice each year. The commissioner may amend the rate at any time.

(b) The prevailing rate of wage for a trade or occupation in a locality is the rate of wage set forth in the collective bargaining agreement for the trade or occupation in the locality or, if more than one collective bargaining agreement covers a trade or occupation in the locality, the highest rate of wage among the collective bargaining agreements for the trade or occupation in the locality.

(c) If a collective bargaining agreement does not exist for a trade or occupation in a locality, the commissioner shall determine the prevailing rate of wage by conducting an independent wage survey in the locality. The commissioner may also consider additional information such as other independent wage surveys and the prevailing rates of wage determined by appropriate federal agencies or agencies of adjoining states. If a wage survey under this paragraph does not show that a majority in the same trade or occupation is paid at the same rate, the average rate of hourly wage, including all fringe benefits, paid in the locality to workers in the same trade or occupation is the prevailing rate. If the wage a contractor or subcontractor pays to workers on a public works is based on a period of time other than an hour, the hourly wage must be mathematically determined by the number of hours worked in that period of time.

(3) A person shall make reports and returns to the Bureau of Labor and Industries that the commissioner requires to determine the prevailing rates of wage, using forms the bureau provides and within the time the commissioner prescribes. The person or an authorized representative of the person shall certify to the accuracy of the reports and returns.

(4) Notwithstanding ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) , reports and returns or other information provided to the commissioner under this section are confidential and not available for inspection by the public.

(5) The commissioner may enter into a contract with a public or private party to obtain data and information the commissioner needs to determine the prevailing rate of wage. The contract may provide for the manner and extent of the review of affected trades and occupations and for other requirements regarding timelines of reports, accuracy of data and information and supervision and review as the commissioner prescribes. [2003 c.794 §173; 2005 c.360 §9; 2007 c.764 §36; 2007 c.844 §3; 2011 c.265 §1; 2021 c.104 §2]

Source: Section 279C.815 — Determination of prevailing wage; sources of information; comparison of state and federal prevailing wage; other powers of commissioner , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 276.093 — OR Code / Title 26 / Chapter 276 / Section 276.093
276.093 Definitions for ORS 276.093 to 276.098 and 276.440
Status: in_force

As used in ORS 276.093 (Definitions for ORS 276.093 to 276.098 and 276.440) to 276.098 (Standards for development of state buildings and grounds) and 276.440 (Renting space to public agencies and private citizens) :

(1) “Commercial activities” includes, but is not limited to, restaurants, food stores, craft stores, dry goods stores and display facilities.

(2) “Cultural activities” includes, but is not limited to, film, dramatic, dance and musical presentations, fine arts exhibits, studios and public meeting places, whether or not used by persons, firms or organizations intending to make a profit.

(3) “Director” means the Director of the Oregon Department of Administrative Services.

(4) “Educational activities” includes, but is not limited to, libraries, schools, child care facilities, laboratories and lecture and demonstration facilities.

(5) “Historical, architectural or cultural significance” includes, but is not limited to, buildings listed or eligible to be listed on the National Register of Historic Places under the National Historic Preservation Act of October 15, 1966 (54 U.S.C. 300101 et seq.).

(6) “Recreational activities” includes, but is not limited to, gymnasiums and related facilities.

(7) “State building” means all state buildings under the control of the Oregon Department of Administrative Services.

(8) “Unit of local government” means any city or county, or other political subdivision of the state. [1977 c.599 §1; 1993 c.500 §19; 1995 c.278 §31; 2019 c.278 §6; 2021 c.97 §21]

Note: 276.093 (Definitions for ORS 276.093 to 276.098 and 276.440) to 276.098 (Standards for development of state buildings and grounds) were enacted into law by the Legislative Assembly but were 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 276.093 — Definitions for ORS 276.093 to 276.098 and 276.440 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 279c.308 — OR Code / Title 26 / Chapter 279c / Section 279c.308
279C.308 Community benefit contract
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) “Community benefit project” means a public improvement project that is subject to the terms and conditions of a community benefit contract.

(2) As used in this section and in ORS 279C.375 (Award and execution of contract) and 279C.430 (Prequalification of bidders) , “community benefit contract” means a public improvement contract that includes, but is not limited to, the elements described in subsection (3)(b) of this section.

(3) Intentionally left blank —Ed.

(a) A contracting agency or local contract review board may enact or adopt, as appropriate, an ordinance, resolution, rule, regulation or other legislative or administrative measure that authorizes the contracting agency or local contract review board to designate a public improvement contract as a community benefit contract.

(b) In addition to and not in lieu of any other requirement that applies to a public improvement contract under this chapter, a public improvement contract that a contracting agency or local contract review board designates as a community benefit contract may include as material provisions of the contract, but need not be limited to, terms and conditions that require the contractor to:

(A) Qualify as a training agent, as defined in ORS 660.010 (Definitions for ORS 660.002 to 660.210) , or provide apprenticeship training that meets applicable federal and state standards for apprenticeship training;

(B) Employ apprentices to perform a specified percentage of work hours that workers in apprenticeable occupations perform on the community benefit project;

(C) Provide employer-paid family health insurance; and

(D) Meet any other requirements that the contracting agency or local contract review board sets forth in the ordinance, resolution, rule, regulation or other legislative or administrative measure that authorizes procurements of community benefit contracts.

(c) A contracting agency or local contract review board shall:

(A) Ensure, before advertising or soliciting a community benefit contract, that all advertisements and solicitation documents state clearly that the procurement is for a community benefit contract and identify conspicuously all of the provisions to which a contractor will be subject, including the percentage of work hours for which the contractor must employ apprentices and the standards that will apply to the health plan the contractor must provide; and

(B) Require, before accepting and evaluating bids or proposals for a community benefit contract, that each bidder or proposer include with the bid or proposal a signed statement that acknowledges that the bidder or proposer understands and agrees to be bound by the requirements that apply to the community benefit contract.

(4) Except as otherwise provided in this section, a solicitation and award of a community benefit contract is subject to all applicable provisions of the Public Contracting Code. [2021 c.488 §2]

Source: Section 279C.308 — Community benefit contract; permitted provisions; required contents of solicitation; powers and duties of contracting agency and local contract review board; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 279a.210 — OR Code / Title 26 / Chapter 279a / Section 279a.210
279A.210 Joint cooperative procurements
Status: in_force

(1) A joint cooperative procurement is valid only if:

(a) The administering contracting agency’s solicitation and award process for the original contract is an open and impartial competitive process and uses source selection methods substantially equivalent to those specified in ORS 279B.055 (Competitive sealed bidding) , 279B.060 (Competitive sealed proposals) or 279B.085 (Special procurements) or uses a competitive bidding process substantially equivalent to the competitive bidding process in ORS chapter 279C;

(b) The administering contracting agency’s solicitation and the original contract or price agreement identifies the cooperative procurement group or each participating purchasing contracting agency and specifies the estimated contract requirements; and

(c) No material change is made in the terms, conditions or prices of the contract between the contractor and the purchasing contracting agency from the terms, conditions and prices of the original contract between the contractor and the administering contracting agency.

(2) A joint cooperative procurement may not be a permissive cooperative procurement. [2003 c.794 §27]

Source: Section 279A.210 — Joint cooperative procurements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279A.­html (accessed May 26, 2025).
ORS § 276.059 — OR Code / Title 26 / Chapter 276 / Section 276.059
276.059 Activities requiring commission review and recommendation
Status: in_force

(1) A state agency may not give final approval to a proposal for the purchase or erection of a state building in the areas described by ORS 276.054 (Declaration of policy concerning capitol area and other areas) , or for a significant change to the use of a state building in those areas that will require an expenditure of more than $1 million, until the Capitol Planning Commission has reviewed the proposal for compliance with development plans adopted by the commission under ORS 276.056 (Duties of commission) and has made a recommendation on the proposal. The commission shall complete the review of a proposal, and provide the agency with a written decision supporting the commission’s determination, within 90 days after the proposal is submitted to the commission. If the commission fails to provide the agency with a written decision within the time allowed, the project is deemed approved by the commission.

(2) Proposals that have been reviewed by the Capitol Planning Commission under this section need not be reviewed by the Capital Projects Advisory Board established under ORS 276.227 (Statewide planning process) . [2009 c.896 §7]

Note: See note under 276.055 (Capitol Planning Commission) .

Source: Section 276.059 — Activities requiring commission review and recommendation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 276a.412 — OR Code / Title 26 / Chapter 276a / Section 276a.412
276A.412 Contracts for telecommunications equipment and services not to exceed 10 years
Status: in_force

(1) For the purposes of ORS 276A.400 (Policy) to 276A.412 (Contracts for telecommunications equipment and services not to exceed 10 years) , 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 a contract or contracts with telecommunications providers and equipment manufacturers for purchasing, using or operating telecommunications equipment and services for a period not to exceed 10 years.

(2) Notwithstanding subsection (1) of this section, the State Chief Information Officer may enter into a contract or a configuration of agreements related to broadband infrastructure, including leases, maintenance and operations of broadband transmission equipment, for a period that exceeds 10 years.

(3) For purposes of ORS 276A.206 (Oversight of state information and telecommunications technology by State Chief Information Officer) , the State Chief Information Officer may extend the benefits of telecommunications contracts for broadband networks, communications systems, equipment and services to nonprofit organizations that the State Chief Information Officer designates as communities of interest under ORS 276A.206 (Oversight of state information and telecommunications technology by State Chief Information Officer) . [Formerly 283.520; 2018 c.51 §6]

Source: Section 276A.412 — Contracts for telecommunications equipment and services not to exceed 10 years; exception for broadband infrastructure; contract benefits for designated communities of interest , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276A.­html (accessed May 26, 2025).
ORS § 279c.337 — OR Code / Title 26 / Chapter 279c / Section 279c.337
279C.337 Procurement of constructions manager/general contractor services
Status: in_force

(1) A contracting agency that intends to procure construction manager/general contractor services shall procure the construction manager/general contractor services in accordance with model rules the Attorney General adopts under ORS 279A.065 (Model rules generally) (3).

(2) A contracting agency shall, in documents the contracting agency uses to procure construction manager/general contractor services:

(a) Describe the criteria the contracting agency will use to evaluate proposals for the construction manager/general contractor services the contracting agency seeks and what weight the contracting agency will give each criterion in the evaluation;

(b) Describe how the contracting agency will use interviews in the contracting agency’s procurement and how the contracting agency will evaluate information the contracting agency obtains from interviews, if the contracting agency uses interviews in the procurement;

(c) Describe any other criteria the contracting agency may consider in selecting a construction manager/general contractor;

(d) Describe how the contracting agency will combine scoring from the interviews, from evaluating the proposals and from other criteria specified in accordance with paragraph (c) of this subsection to arrive at a proposer’s final score and ranking;

(e) State that any savings the construction manager/general contractor realizes in performing the public improvement contract will accrue to the contracting agency, unless the public improvement contract provides otherwise;

(f) Specify terms and conditions that govern how the fixed price, guaranteed maximum price or other maximum price set forth in the public improvement contract will be determined and whether the price includes or is based on unit pricing or allows for work that is constructed in phases;

(g) State that the contracting agency will not pay any amount that exceeds a fixed price, guaranteed maximum price or other maximum price specified in the public improvement contract unless the amount results from material changes to the scope of work set forth in the public improvement contract and the parties to the public improvement contract agree in writing to the material changes;

(h) State that the contracting agency will conduct the procurement in accordance with model rules the Attorney General adopts under ORS 279A.065 (Model rules generally) (3); and

(i) Specify deadlines and time periods for the procurement that allow prospective contractors a reasonable opportunity to submit proposals, including but not limited to:

(A) The date and time by which the contracting agency must receive proposals;

(B) The dates on which or the time periods during which the contracting agency will conduct interviews, if the contracting agency will conduct interviews for the procurement;

(C) The date by which the contracting agency plans to indicate an intent to award the public improvement contract; and

(D) The time period during which the contracting agency will meet with proposers that the contracting agency did not select for the public improvement contract, if a proposer requests a meeting to discuss the procurement.

(3) By the earlier of the date on which a contracting agency and a construction manager/general contractor agree on a fixed price, guaranteed maximum price or other maximum price or the date on which the construction manager/general contractor begins to solicit offers for construction services from subcontractors, the public improvement contract that the contracting agency negotiates with the construction manager/general contractor must:

(a) Describe the methods the construction manager/general contractor will use to qualify and select subcontractors. The methods must be competitive and should provide prospective subcontractors with a reasonable opportunity to participate in the construction manager/general contractor’s qualification and selection process.

(b) Identify the portions of the construction work under the public improvement contract for which the construction manager/general contractor may waive the qualification and selection process described in paragraph (a) of this subsection and describe:

(A) How the construction manager/general contractor may determine the portions of the construction work that will not be subject to the qualification and selection process described in paragraph (a) of this subsection; and

(B) The process the construction manager/general contractor will use to qualify and select prospective subcontractors for the portions of the construction work that are not subject to the qualification and selection process described in paragraph (a) of this subsection.

(c) Identify the conditions under which the construction manager/general contractor or an affiliate or subsidiary of the construction manager/general contractor may perform or compete with other prospective subcontractors to perform construction work under the public improvement contract and describe the methods the construction manager/general contractor will use to qualify and select an affiliate or subsidiary to perform the construction work.

(d) Describe how the construction manager/general contractor will announce which prospective subcontractors the construction manager/general contractor has selected to perform construction services in connection with the public improvement contract.

(e) Describe the conditions under which the construction manager/general contractor will discuss the qualification and selection process described in this subsection with a prospective subcontractor that the construction manager/general contractor did not select for a subcontract if the construction manager/general contractor receives a request from the prospective subcontractor to discuss the process.

(4) As used in this section, “savings” means a positive difference between a fixed price, a guaranteed maximum price or other maximum price set forth in a public improvement contract and the actual cost of the work, including costs for which a contracting agency reimburses a construction manager/general contractor and fees or profits the construction manager/general contractor earns. [2013 c.522 §3]

Note: 279C.337 (Procurement of constructions manager/general contractor services) 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.337 — Procurement of constructions manager/general contractor services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 279b.005 — OR Code / Title 26 / Chapter 279b / Section 279b.005
279B.005 Definitions
Status: in_force

(1) As used in this chapter, unless the context or a specifically applicable definition requires otherwise:

(a) “Invitation to bid” means all documents, whether attached or incorporated by reference, used for soliciting bids.

(b) “Procurement description” means the words used in a solicitation to describe the goods or services to be procured. “Procurement description” includes specifications attached to or made a part of the solicitation.

(c) “Request for proposals” means all documents, whether attached or incorporated by reference, used for soliciting proposals.

(d) “Responsible bidder” or “responsible proposer” means a person who meets the standards of responsibility described in ORS 279B.110 (Responsibility of bidders and proposers) .

(e) “Responsive bid” or “responsive proposal” means a bid or proposal that substantially complies with the invitation to bid or request for proposals and all prescribed procurement procedures and requirements.

(2) ORS 279A.010 (Definitions for Public Contracting Code) contains general definitions applicable throughout this chapter. [2003 c.794 §47; 2005 c.103 §7; 2007 c.764 §5]

Source: Section 279B.005 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279B.­html (accessed May 26, 2025).
ORS § 279a.260 — OR Code / Title 26 / Chapter 279a / Section 279a.260
279A.260 Powers and duties of department
Status: in_force

(1) Subject to the power of the Governor to terminate the functions listed in this section, the Oregon Department of Administrative Services may:

(a) Accept surplus property;

(b) Distribute surplus property to donees;

(c) Provide suitable facilities for the storage and distribution of surplus property;

(d) Enter into reciprocal agreements and contracts with federal government units, state agencies, local governments, special government bodies, not-for-profit organizations, other states and private entities, with respect to the utilization and exchange of property, facilities, personnel and services, for the administration of the provisions of this section in accordance with federal and state laws governing the acquisition, distribution, utilization, disposal or sale of surplus property;

(e) Expend funds in connection with the provisions of this section;

(f) Adopt rules for the acquisition, distribution, utilization, disposal or sale of surplus property in accordance with federal and state laws;

(g) Set charges, subject to federal and state laws, necessary to recover all direct and indirect costs associated with acquiring, purchasing, shipping, handling, warehousing, storing and distributing surplus property;

(h) Cooperate with donees in locating, obtaining or warehousing surplus property; and

(i) Obtain surplus property on behalf of donees.

(2) The department shall deposit all fees or charges collected or received under this section in the Oregon Department of Administrative Services Operating Fund.

(3) The governing board or the executive head of a donee may, by order or resolution, confer upon any officer or employee thereof authority to secure the acquisition of surplus property through the department in accordance with federal and state laws governing the acquisition, distribution, utilization, disposal or sale of surplus property. [2003 c.794 §38]

Source: Section 279A.260 — Powers and duties of department; acquisitions by qualified donees; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279A.­html (accessed May 26, 2025).
ORS § 276.216 — OR Code / Title 26 / Chapter 276 / Section 276.216
276.216 Erecting and constructing buildings and structures
Status: in_force

The Oregon Department of Administrative Services may erect and construct the buildings and structures deemed necessary, suitable or expedient for carrying out the provisions of ORS 276.212 (Heat, light, communication and power systems) upon lands now owned by the state or lands acquired by the department.

Source: Section 276.216 — Erecting and constructing buildings and structures , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 279b.015 — OR Code / Title 26 / Chapter 279b / Section 279b.015
279B.015 Applicability
Status: in_force

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

Source: Section 279B.015 — Applicability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279B.­html (accessed May 26, 2025).
ORS § 276.248 — OR Code / Title 26 / Chapter 276 / Section 276.248
276.248 Water pipes and supply
Status: in_force

(1) The directors or other lawful managers of any public institution of the state may:

(a) Enter upon the lands through which they desire to conduct their pipes for the purpose of providing water supplies and lay the pipes underground.

(b) Enter at all times upon such lands for the purpose of keeping the water line in repair and do all things to that end.

(2) If damages are claimed for the use of such lands and the parties cannot agree as to the amount of compensation to be paid, they may proceed in the manner provided by law for railroad companies to procure right of way.

Source: Section 276.248 — Water pipes and supply; entry to place and repair pipes; damages for use of land , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 276a.424 — OR Code / Title 26 / Chapter 276a / Section 276a.424
276A.424 Connecting Oregon Schools Fund
Status: in_force

(1) The Connecting Oregon Schools Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Connecting Oregon Schools Fund shall be credited to the fund.

(2) The Connecting Oregon Schools Fund consists of any moneys deposited in the fund from whatever source and may include moneys appropriated, allocated, deposited or transferred to the fund by the Legislative Assembly or otherwise and interest earned on moneys in the fund.

(3) The moneys in the fund are continuously appropriated to the Department of Education for the purpose of providing matching funds for federal moneys received by school districts, education service districts, public charter schools or a consortium that is any combination of school districts, education service districts and public charter schools for the purpose of providing broadband access to eligible education facilities in this state.

(4) An education facility is eligible to receive matching funds under this section if the education facility:

(a) Receives federal moneys for the purpose of providing broadband access to the education facility;

(b) Takes steps to determine whether existing broadband infrastructure, including fiber-based broadband, may be integrated into the proposed broadband access project; and

(c) Meets any other eligibility requirements established by the State Board of Education by rule.

(5) Intentionally left blank —Ed.

(a) Before the department may distribute any state moneys under this section, the board shall adopt rules to implement the provisions of this section, including rules setting criteria that govern the distribution of the moneys to eligible education facilities.

(b) Rules adopted under this section must take into consideration any eligibility requirements established by the federal program awarding federal moneys.

(6) As used in this section:

(a) “Education facility” means:

(A) A public school that offers education to students in kindergarten or grades 1 through 12, or any combination of those grade levels;

(B) A building owned by a school district, education service district or public charter school; or

(C) A public charter school building leased from a school district or education service district.

(b) “Public charter school” has the meaning given that term in ORS 338.005 (Definitions for chapter) . [2018 c.51 §3; 2019 c.648 §7]

Source: Section 276A.424 — Connecting Oregon Schools Fund; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276A.­html (accessed May 26, 2025).
ORS § 279a.112 — OR Code / Title 26 / Chapter 279a / Section 279a.112
279A.112 Requirement to certify that contractor has policy and practice of preventing sexual harassment, sexual assault and discrimination against employees who are members of protected class
Status: in_force

(1) As used in this section:

(a) “Discrimination” means conduct that has the purpose or effect of creating employment conditions for an individual that are intimidating, hostile or offensive or that evince animosity, resentment, anger, prejudice or ill will in others primarily because of the individual’s identification with or membership in a protected class.

(b) “Protected class” means a group of people that state or federal law protects from employment discrimination including, but not limited to, a group in which membership depends on an ascribed association or identification, or an individual’s voluntary association or identification with other individuals, on the basis of one or more of these characteristics:

(A) Race, color or ethnicity;

(B) National origin;

(C) Sex;

(D) Gender, including actual or perceived gender identity;

(E) Sexual orientation;

(F) Disability;

(G) Age;

(H) Marital status; or

(I) Religion.

(c) “Sexual assault” means any unwanted sexual contact, as defined in ORS 163.305 (Definitions) .

(d) “Sexual harassment” means:

(A) A request or demand for sexual favors in an implicit or explicit exchange for an employment-related benefit or as a means of avoiding an employment-related detriment; or

(B) Unwelcome conduct of a sexual nature that has the purpose or effect of interfering with a person’s ability to perform job duties or that creates an intimidating, offensive or hostile work environment.

(2) Intentionally left blank —Ed.

(a) Except as provided in subsection (4) of this section, a state contracting agency may not enter into a public contract with an anticipated contract price of $150,000 or more with a prospective contractor that does not certify in a signed writing that the prospective contractor has a policy and practice of preventing sexual harassment, sexual assault and discrimination against employees who are members of a protected class.

(b) A prospective contractor may not certify under paragraph (a) of this subsection that the prospective contractor has a policy and practice of preventing sexual harassment, sexual assault or discrimination against employees who are members of a protected class unless the policy and practice includes, at a minimum:

(A) A written notice to each employee that clearly prohibits and specifies disciplinary measures for conduct that constitutes sexual harassment, sexual assault or discrimination against a member of a protected class.

(B) A clear process that:

(i) Enables an employee that experiences or witnesses conduct that constitutes sexual harassment, sexual assault or discrimination against a member of a protected class to report and stop the conduct; and

(ii) Guides the prospective contractor in responding to a report under sub-subparagraph (i) of this subparagraph, resolving the issues identified in the report and disciplining employees who engage in prohibited conduct.

(C) A regular written procedure for submitting a report under subparagraph (B)(i) of this paragraph that identifies the specific individuals to whom an employee may submit the report and the individuals who have responsibility for resolving issues identified in the report.

(D) A practice of treating as confidential, to the extent permitted by law, any report that an employee makes under subparagraph (B)(i) of this paragraph.

(E) A prohibition against retaliating against an employee who experiences or witnesses, and reports, conduct that constitutes sexual harassment, sexual assault or discrimination against a member of a protected class.

(F) A prohibition against discrimination in providing benefits to an employee or a dependent of the employee based on the employee’s membership in a protected class or the membership of the employee’s dependent in a protected class.

(G) A prohibition on denying benefits to an employee or a dependent of the employee based solely on the employee’s gender identity or the gender identity of the employee’s dependent, if the prospective contractor provides health insurance or health care benefits.

(c) A prospective contractor may provide the written notice described in paragraph (b)(A) of this subsection by means of a printed or electronic employee handbook. The Oregon Department of Administrative Services may develop and make available on the department’s website an electronic template to guide prospective contractors in meeting the notice requirements set forth in paragraph (b)(A) of this subsection and may provide other guidance to prospective contractors in meeting the requirements set forth in paragraph (b) of this subsection.

(3) Every public contract described in subsection (2)(a) of this section that a state contracting agency awards must require as a material term of the public contract that a contractor certify that the contractor has a policy and practice that meets the requirements described in subsection (2) of this section and will maintain the policy and practice in force during the entire term of the public contract.

(4) A state contracting agency may enter into a public contract described in subsection (2)(a) of this section with a prospective contractor that has not provided the certification described in subsection (2) of this section if:

(a) The state contracting agency conducted the procurement under ORS 279B.075 (Sole-source procurements) , 279B.080 (Emergency procurements) or 279B.085 (Special procurements) ; or

(b) Only one prospective contractor submitted a bid or proposal in response to the state contracting agency’s solicitation. [2017 c.212 §2]

Source: Section 279A.112 — Requirement to certify that contractor has policy and practice of preventing sexual harassment, sexual assault and discrimination against employees who are members of protected class; required elements of certification; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279A.­html (accessed May 26, 2025).
ORS § 279a.255 — OR Code / Title 26 / Chapter 279a / Section 279a.255
279A.255 Inspection, appraisal and inventory of state property
Status: in_force

The Oregon Department of Administrative Services may:

(1) Provide for the periodic inspection and appraisal of state property;

(2) Provide for the maintenance of current and perpetual inventories of state property; and

(3) Require any state agency to make reports of the property in the agency’s custody at such intervals and in such form as the department deems necessary. [2003 c.794 §37]

Source: Section 279A.255 — Inspection, appraisal and inventory of state property; reports by state agencies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279A.­html (accessed May 26, 2025).
ORS § 279c.440 — OR Code / Title 26 / Chapter 279c / Section 279c.440
279C.440 Disqualification from consideration for award of contracts
Status: in_force

(1) Intentionally left blank —Ed.

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

(b) In lieu of the disqualification process described in paragraph (a) of this subsection, a contracting agency contracting for a public improvement may petition the Construction Contractors Board to disqualify a person from consideration for award of the contracting agency’s public improvement contracts for the reasons listed in subsection (2) of this section. The Construction Contractors Board shall provide the person with notice and a reasonable opportunity to be heard.

(c) A contracting agency or the Construction Contractors Board may not disqualify a person under this section for a period of more than three years.

(2) A person may be disqualified from consideration for award of a contracting agency’s contracts for any of the following reasons:

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

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

(c) The person has been convicted under state or federal antitrust statutes.

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

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

(3) A contracting agency or the Construction Contractors Board shall issue a written decision to disqualify a person under this section. The decision shall:

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

(b) Inform the disqualified person of the appeal right of the person under:

(A) ORS 279C.445 (Appeal of disqualification) and 279C.450 (Appeal procedure for decision to deny, revoke or revise prequalification) if the decision to disqualify was issued by a contracting agency; or

(B) ORS chapter 183 if the decision to disqualify was issued by the Construction Contractors Board.

(4) A copy of the decision issued under subsection (3) of this section must be mailed or otherwise furnished immediately to the disqualified person. [2003 c.794 §122]

Source: Section 279C.440 — Disqualification from consideration for award of contracts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 279b.205 — OR Code / Title 26 / Chapter 279b / Section 279b.205
279B.205 Specifications to encourage reasonable competition
Status: in_force

Consistent with ORS 279A.015 (Policy) , specifications must seek to promote optimal value and suitability for the purposes intended and to reasonably encourage competition in satisfying a contracting agency’s needs. Subject to ORS 279B.405 (Protests and judicial review of solicitations) , the specification content must be determined in the sole discretion of the contracting agency. [2003 c.794 §74]

Source: Section 279B.205 — Specifications to encourage reasonable competition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279B.­html (accessed May 26, 2025).
ORS § 279b.400 — OR Code / Title 26 / Chapter 279b / Section 279b.400
279B.400 Protests and judicial review of approvals of special procurements
Status: in_force

(1) Before seeking judicial review of the approval of a special procurement, a person must file a protest, in accordance with the rules adopted under ORS 279A.065 (Model rules generally) , with the Director of the Oregon Department of Administrative Services or the local contracting agency, as applicable, and exhaust all available nonjudicial remedies. The rules adopted under ORS 279A.065 (Model rules generally) shall provide a reasonable time and manner for affected persons to protest the approval of a special procurement under ORS 279B.085 (Special procurements) .

(2) The approval of a class special procurement by the director under ORS 279B.085 (Special procurements) constitutes rulemaking and not a contested case under ORS chapter 183. Any affected person, except the state contracting agency that requested the approval or anyone representing the state contracting agency, may petition the Court of Appeals in the manner provided in ORS 183.400 (Judicial determination of validity of rule) to test the validity of a class special procurement approved by the director. A proceeding under ORS 183.400 (Judicial determination of validity of rule) does not affect the validity of a contract executed pursuant to a class special procurement before the petition is filed. Notwithstanding ORS 183.400 (Judicial determination of validity of rule) (1), before seeking judicial review under this subsection, a person must file a protest with the director as described in subsection (1) of this section.

(3) Intentionally left blank —Ed.

(a) The approval of a contract-specific special procurement by the director is reviewable under ORS 183.484 (Jurisdiction for review of orders other than contested cases) , but only if judicial review is sought before the contract is awarded. Otherwise, a contract awarded pursuant to the contract-specific special procurement is conclusively presumed valid and may not, in any future judicial or administrative proceeding, be challenged on the ground that the contract was awarded under an invalid special procurement.

(b) Judicial review may be sought from the Circuit Court for Marion County or the circuit court for the county in which the principal offices of the state contracting agency that requested the approval are located. The circuit court shall give priority on its docket and expedited review to proceedings under this subsection.

(4) Intentionally left blank —Ed.

(a) The approval of a special procurement by a local contract review board may be challenged by filing a writ of review under ORS chapter 34, provided that all available nonjudicial remedies first have been exhausted, including protests as described in subsection (1) of this section. Notwithstanding the 60-day filing period prescribed by ORS 34.030 (Jurisdiction to grant writ) , the approval of a special procurement is not subject to a writ of review proceeding more than 10 days after the board approves the use of the special procurement.

(b) The writ of review may be filed with and is reviewable by the circuit court for the county in which the principal offices of the local contracting agency that requested the approval are located. The circuit court shall give priority on its docket and expedited review to proceedings under this subsection.

(5) If timely judicial review is sought regarding the approval of a special procurement under ORS 279B.085 (Special procurements) , the contracting agency may not proceed with contract execution unless the contracting agency determines that there is a compelling governmental interest in proceeding or that the goods or services are urgently needed. If the contracting agency makes such a determination, the contracting agency shall set forth the reasons for the determination in writing and immediately provide them to the person who filed the challenge. Thereafter, after joining the prospective contractor as a party to the litigation and upon motion by the person filing the challenge, the court may nonetheless stay the performance of the contract if the court finds that the contracting agency’s determination of the existence of a compelling governmental interest in proceeding with contract execution, or the contracting agency’s determination that the goods or services were urgently needed, was not supported by substantial evidence or constituted a manifest abuse of discretion. In granting a stay, the court may require the person seeking the stay to post a bond in an amount sufficient to protect the contracting agency and the public from costs associated with delay in contract performance.

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

(a) If a contract has not been executed and the court rules in favor of the party that sought judicial review, 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 party that sought judicial review, the court shall include in its order a determination whether the party that signed the contract with the contracting agency is entitled to reimbursement under the conditions of, and calculated in the same manner as provided in, ORS 279C.470 (Compensation for contractor on contract declared void by court) . Notwithstanding that ORS 279C.470 (Compensation for contractor on contract declared void by court) otherwise applies only to public improvement contracts, under this paragraph the court shall apply ORS 279C.470 (Compensation for contractor on contract declared void by court) to both public improvement contracts and other public contracts of contracting agencies.

(c) The court may award costs and attorney fees to the prevailing party. [2003 c.794 §83; 2005 c.103 §8g]

Source: Section 279B.400 — Protests and judicial review of approvals of special procurements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279B.­html (accessed May 26, 2025).
ORS § 280.432 — OR Code / Title 26 / Chapter 280 / Section 280.432
280.432 Limitations on housing loans from bond proceeds
Status: in_force

(1) Cities, in purchasing or servicing or making commitments to purchase or service residential mortgage loans under ORS 280.430 (Contractual powers of city) (5), shall not participate in the refinancing of housing by existent owners or purchasers of that housing and shall not allow the assumption of those loans by persons not eligible for them.

(2) No owner-purchaser shall have more than one mortgage loan under ORS 280.430 (Contractual powers of city) (5) outstanding at any time.

(3) No city shall make or participate in the making of a mortgage loan to a multiple unit residential housing project under ORS 280.425 (City powers concerning property) (3) unless the housing sponsor has agreed to not discriminate against any dwelling unit purchaser or tenant who is a parent or legal guardian with whom a child resides or is expected to reside. This subsection shall not apply to housing projects occupied exclusively by households, the heads of which are 62 years of age or older.

(4) Regardless of the ownership of property used for a multiple unit housing project financed under ORS 280.425 (City powers concerning property) (3), a city shall, in financing the project, provide a plan for relocation of displaced persons.

(5) A city shall not finance projects under ORS 280.425 (City powers concerning property) (3) which result in the conversion of existing occupied residential rental units to cooperative or condominium projects. [1979 c.865 §2d]

Source: Section 280.432 — Limitations on housing loans from bond proceeds; discrimination; relocation; conversion , https://www.­oregonlegislature.­gov/bills_laws/ors/ors280.­html (accessed May 26, 2025).
ORS § 282.040 — OR Code / Title 26 / Chapter 282 / Section 282.040
282.040 Charges for printing by department
Status: in_force

The Oregon Department of Administrative Services shall determine and fix the charges to be made for all printing work done by the department. In determining the charges, the cost of all labor, materials, office expense and depreciation shall be taken into consideration. All printing shall be paid for by the state agency for whose use and benefit it is secured and at the rate fixed and as per invoices rendered by the department. [Amended by 1975 c.605 §5; 1995 c.452 §12; 2001 c.539 §5]

Source: Section 282.040 — Charges for printing by department , https://www.­oregonlegislature.­gov/bills_laws/ors/ors282.­html (accessed May 26, 2025).
ORS § 279c.306 — OR Code / Title 26 / Chapter 279c / Section 279c.306
279C.306 Administrative enforcement of least-cost policy for public improvements
Status: in_force

(1) Intentionally left blank —Ed.

(a) A contractor, or a trade association of contractors acting on behalf of a member of the trade association, may allege in a complaint to the Commissioner of the Bureau of Labor and Industries that a contracting agency has violated ORS 279C.305 (Least-cost policy for public improvements) with respect to a public improvement that a contractor was eligible to construct.

(b) A complaint under paragraph (a) of this subsection must set forth the acts or omissions that constitute the alleged violation. The contractor or trade association must file the complaint with the commissioner within one year after the contractor or trade association discovered or should have known that the violation occurred.

(c) The contractor or trade association must submit along with a complaint under paragraph (a) of this subsection a filing fee of $250. If the commissioner finds substantial evidence of a violation, the commissioner shall refund the filing fee. The commissioner by rule may specify other circumstances in which the commissioner will refund the filing fee.

(d) The commissioner shall dismiss a complaint under this subsection if the contractor or trade association brings an action in a court of this state or initiates another proceeding that alleges an act or omission that is the same or substantially similar to an act or omission the contractor or trade association alleged in the complaint.

(2) Intentionally left blank —Ed.

(a) The commissioner shall investigate a violation of ORS 279C.305 (Least-cost policy for public improvements) that is alleged in a complaint under subsection (1) of this section or that the commissioner discovers or otherwise has reason to believe occurred unless the commissioner reasonably concludes that the facts alleged do not constitute a violation or that the complaint is frivolous or was filed to harass the contracting agency or for purposes other than to enforce the requirements of ORS 279C.305 (Least-cost policy for public improvements) .

(b) In the course of an investigation under this subsection, to the extent reasonably necessary, the commissioner may:

(A) Compel attendance from witnesses, receive testimony and examine the witnesses under oath;

(B) Require a contracting agency or an employee of a contracting agency to produce books, records, files and other documents; and

(C) Take any other action the commissioner deems necessary to conduct the investigation.

(3) Intentionally left blank —Ed.

(a) The commissioner must conclude an investigation under subsection (2) of this section within 60 days after beginning the investigation and must either find substantial evidence of a violation of ORS 279C.305 (Least-cost policy for public improvements) or end the investigation and dismiss any complaint. If the commissioner finds substantial evidence of a violation, the commissioner shall:

(A) Notify the contracting agency in writing that the commissioner has found substantial evidence of a violation of ORS 279C.305 (Least-cost policy for public improvements) , describe the nature of the violation and, if the commissioner has not found substantial evidence of a violation in the five years preceding the date on which the commissioner began the investigation, state that for future violations, the commissioner will require the contracting agency to negotiate an agreement under paragraph (b) of this subsection.

(B) Provide a copy of any notice the commissioner issued under subparagraph (A) of this paragraph to any contractor or trade association that filed a complaint concerning the violation under subsection (1) of this section.

(b) If the commissioner in the course of an investigation under subsection (2) of this section finds substantial evidence that the contracting agency violated ORS 279C.305 (Least-cost policy for public improvements) within the five years preceding the date on which the commissioner began the investigation, the commissioner shall specify a period of time within which the contracting agency must negotiate an agreement with the contractor or the trade association to remedy the violation and prevent future violations.

(c) If the contracting agency and the contractor or trade association enter into an agreement within the specified period, the commissioner in an order shall set forth, and direct the contracting agency to comply with, the terms of the agreement.

(d) If negotiations between the contracting agency and the contractor or trade association do not result in an agreement within the time the commissioner specifies, the commissioner may:

(A) Extend the time period for negotiations;

(B) End negotiations and dismiss the complaint, provided that the commissioner states the commissioner’s reasons for the dismissal in an order to dismiss the complaint; or

(C) End negotiations and initiate a contested case hearing against the contracting agency under ORS chapter 183.

(4) Intentionally left blank —Ed.

(a) If a contracting agency that is a party to an agreement set forth in accordance with an order of the commissioner under subsection (3)(c) of this section breaches the agreement, a contractor or trade association that is a party to the agreement may submit a complaint to the commissioner that asks the commissioner to enforce the agreement. The contractor or trade association must file the complaint within 180 days after the date the contractor or trade association discovered or should have known of the breach.

(b) The commissioner shall investigate a complaint that a contractor or trade association files under paragraph (a) of this subsection as provided in subsection (2) of this section. If the commissioner finds substantial evidence that the contracting agency materially breached the agreement, the commissioner may:

(A) Issue an order to cease and desist from the contracting agency’s material breach and to perform actions that the commissioner determines will carry out the purposes of ORS 279C.305 (Least-cost policy for public improvements) and remedy the effects of the breach; or

(B) Conduct a contested case hearing in accordance with ORS chapter 183.

(c) An order to cease and desist that the commissioner issues under paragraph (b)(A) of this subsection may not include an award of attorney fees. The remedy that the commissioner orders may include requiring the contracting agency to enter into a contract with a contractor to perform any remaining construction on the public improvement that is the subject of the contracting agency’s violation.

(5) Intentionally left blank —Ed.

(a) If the commissioner finds by a preponderance of the evidence in a contested case hearing under subsection (3)(d)(C) of this section that a local contracting agency violated the least cost policy set forth in ORS 279C.305 (Least-cost policy for public improvements) (1), or in a contested case hearing under subsection (4)(b)(B) of this section that a local contracting agency materially breached the agreement described in subsection (3)(c) of this section, the commissioner shall order the contracting agency to cease and desist from the conduct that constitutes the breach and may impose a civil penalty of not more than $5,000 for the violation or breach or a civil penalty of not more than $20,000 if the commissioner determines that the local contracting agency willfully engaged in a violation of the least cost policy set forth in ORS 279C.305 (Least-cost policy for public improvements) (1).

(b) The commissioner shall impose a civil penalty under paragraph (a) of this subsection in accordance with ORS 183.745 (Civil penalty procedures) and shall apply the proceeds of the civil penalty first to the costs of the commissioner’s investigation and any administrative proceedings that result from the investigation. The commissioner shall deposit any remaining proceeds in the State Treasury to the credit of the General Fund.

(6) In addition to other available remedies for violations of orders of the commissioner, a contractor or trade association may bring a civil action to enforce a cease and desist order issued under subsection (5)(a) of this section through writ of mandamus or specific performance. [2017 c.715 §3]

Note: 279C.306 (Administrative enforcement of least-cost policy for 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.306 — Administrative enforcement of least-cost policy for public improvements; procedure; civil action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 279c.510 — OR Code / Title 26 / Chapter 279c / Section 279c.510
279C.510 Demolition contracts to require material salvage
Status: in_force

(1) Every public improvement contract for demolition shall contain a condition requiring the contractor to salvage or recycle construction and demolition debris, if feasible and cost-effective.

(2) Every public improvement contract for lawn and landscape maintenance shall contain a condition requiring the contractor to compost or mulch yard waste material at an approved site, if feasible and cost-effective. [2003 c.794 §139]

Source: Section 279C.510 — Demolition contracts to require material salvage; lawn and landscape maintenance contracts to require composting or mulching , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 276a.270 — OR Code / Title 26 / Chapter 276a / Section 276a.270
276A.270 Definitions
Status: in_force

As used in this section and ORS 276A.273 (Electronic Government Portal Advisory Board) and 276A.276 (Ability to offer government services through portal) :

(1) “Electronic government portal” means an electronic information delivery system accessible by means of the Internet that a state agency designates officially as a means by which the state agency delivers information, products or services.

(2) “Electronic government portal provider” means a person that on behalf of a state agency provides facilities, goods or services necessary to develop, host, operate, maintain or otherwise implement an electronic government portal or provides facilities, goods or services that assist a state agency in designing, developing, hosting, operating, maintaining or otherwise implementing an electronic government portal.

(3) “Portal provider fee” means a fee for using an electronic government portal or governmental services available by means of an electronic government portal that the State Chief Information Officer charges, or authorizes an electronic government portal provider to charge, under ORS 276A.276 (Ability to offer government services through portal) (3).

(4) “State agency” means the executive department, as defined in ORS 174.112 (“Executive department” defined) . [Formerly 182.126]

Source: Section 276A.270 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276A.­html (accessed May 26, 2025).
ORS § 279c.670 — OR Code / Title 26 / Chapter 279c / Section 279c.670
279C.670 Application of ORS 279C.650 to 279C.670
Status: in_force

ORS 279C.650 (“Labor dispute” defined) to 279C.670 (Application of ORS 279C.650 to 279C.670) do not apply to suspension of the work or termination of the contract that occurs as a result of the contractor’s violation of federal, state or local statutes, ordinances, rules or regulations in existence at the time the contract was executed or as a result of violations of the terms of the contract. [2003 c.794 §164]

Source: Section 279C.670 — Application of ORS 279C.650 to 279C.670 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 276a.418 — OR Code / Title 26 / Chapter 276a / Section 276a.418
276A.418 Public contracts for broadband Internet access service
Status: in_force

(1) As used in this section:

(a) Intentionally left blank —Ed.

(A) “Broadband Internet access service” means:

(i) A mass-market retail Internet access service provided by wire or radio that enables a person to transmit data to or receive data between the person’s customer premises equipment, including mobile devices, and all, or substantially all, Internet endpoints;

(ii) Any service that the Public Utility Commission finds is providing a service that is the functional equivalent of the service described in sub-subparagraph (i) of this subparagraph; or

(iii) Any service that is incidental to or that enables the operation of the service described in sub-subparagraph (i) of this subparagraph.

(B) “Broadband Internet access service” does not include dial-up Internet access service.

(b) “Broadband Internet access service provider” means a person or public body that provides broadband Internet access service.

(c) “Content, applications or services” means all traffic transmitted to or from end users of a broadband Internet access service.

(d) “Edge provider” means any person that provides content, applications or services over the Internet, and any person that provides a device used for accessing content, applications or services over the Internet.

(e) “End user” means any person that uses a broadband Internet access service.

(f) “Fixed broadband Internet access service” means broadband Internet access service that serves end users primarily at fixed endpoints using stationary equipment, including fixed satellite services and licensed and unlicensed fixed wireless services.

(g) “Mobile broadband Internet access service” means broadband Internet access service that serves end users primarily using mobile stations.

(h) “Nonharmful device” means a device the Public Utility Commission determines by rule to be nonharmful to broadband Internet access services.

(i) “Paid prioritization” means a broadband Internet access service provider’s management of its network to directly or indirectly favor some traffic over other traffic, including through traffic shaping, prioritization, resource reservation or other forms of preferential traffic management, either in exchange for consideration from a third party or to benefit an affiliated entity.

(j) “Public body” means a public body, as defined in ORS 174.109 (“Public body” defined) , in this state.

(2) For the purposes of this section, a public body contracts with a broadband Internet access service provider if the public body procures, or provides funding for the procurement of, broadband Internet access service, including fixed broadband Internet access service or mobile broadband Internet access service, from the broadband Internet access service provider.

(3) A public body may not contract with a broadband Internet access service provider that, at any time on or after January 1, 2019:

(a) Engages in paid prioritization;

(b) Blocks lawful content, applications or services or nonharmful devices;

(c) Impairs or degrades lawful Internet traffic for the purpose of discriminating against or favoring certain Internet content, applications or services or the use of nonharmful devices;

(d) Unreasonably interferes with or unreasonably disadvantages an end user’s ability to select, access and use the broadband Internet access service or lawful Internet content, applications or services or devices of the end user’s choice; or

(e) Unreasonably interferes with or unreasonably disadvantages an edge provider’s ability to make devices or lawful content, applications or services available to end users.

(4) Notwithstanding subsection (3) of this section, a public body may contract with a broadband Internet access service provider that:

(a) Is the sole provider of fixed broadband Internet access service to the geographic location subject to the contract;

(b) Engages in any of the activities described in subsection (3) of this section in the process of addressing copyright infringement or other unlawful activity or the needs of emergency communications, law enforcement, public safety or national security authorities;

(c) Engages in paid prioritization if the Public Utility Commission determines that the broadband Internet access service provider’s paid prioritization provides significant public interest benefits and does not harm the open nature of the provided broadband Internet access service;

(d) Engages in any activities described in subsection (3)(b) to (d) of this section if the Public Utility Commission determines that the broadband Internet access service provider’s engagement in the activity is reasonable network management. An activity is reasonable network management if the activity:

(A) Has a technical network management justification;

(B) Does not include other business practices; and

(C) Is narrowly tailored to achieve a legitimate network management purpose, taking into account the particular network architecture and technology of the broadband Internet access service; or

(e) Engaged in any of the activities described in subsection (3) of this section at any time on or after January 1, 2019, if:

(A) The broadband Internet access service provider certifies that it has ceased engaging in all of the activities described in subsection (3) of this section; and

(B) The Public Utility Commission determines that allowing a public body to contract with the broadband Internet access service provider provides significant public interest benefits.

(5) Intentionally left blank —Ed.

(a) A broadband Internet access service provider engaged in the provision of broadband Internet access service to a public body shall publicly disclose information regarding the provider’s network management practices and performance characteristics and the commercial terms of the provider’s broadband Internet access service sufficient for end users to verify that the service is provided in compliance with subsections (3) and (4) of this section.

(b) The Public Utility Commission by rule shall specify the manner and form in which disclosures under this subsection shall be made. [2018 c.88 §1]

Source: Section 276A.418 — Public contracts for broadband Internet access service; prohibitions; exceptions; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276A.­html (accessed May 26, 2025).
ORS § 276.429 — OR Code / Title 26 / Chapter 276 / Section 276.429
276.429 Leases
Status: in_force

(1) The Oregon Department of Administrative Services may enter into, as appropriate, leases, including lease with option to purchase, installment purchases and rental agreements, as lessee, for office quarters for state agencies. In determining which method of acquiring office quarters is most appropriate under the circumstances, the department shall consider cost and the long-term best interests of the state. It is the policy of the state, in fulfilling the objectives set forth in ORS 276.426 (Location of leased office quarters of state agencies to be centralized) , to acquire office quarters in the most cost-effective manner feasible.

(2) The costs to the department incurred for the purpose of making such office space ready for occupancy, including professional services, remodeling, equipment acquisition and other similar costs paid to others or incurred by the department, may be advanced out of the Oregon Department of Administrative Services Operating Fund. The fund shall be reimbursed for costs so advanced from charges paid to the department by the agency leasing the space as a tenant. Where more than one agency occupies the space, the charges shall be assessed and collected from the agencies in the manner determined by the department.

(3) Immediately following each monthly rental period, the department shall bill each state agency occupying office quarters leased under subsection (1) of this section, a sum equal to such part of the total amount required for the rent of such quarters as the rental value of the space occupied by each of the state agencies bears to the whole amount of the rental value of such space so leased by the state. Such sums and rental values shall be determined by the department. Moneys collected therefor shall be placed in the Oregon Department of Administrative Services Operating Fund established in ORS 283.076 (Oregon Department of Administrative Services Operating Fund) and used for the payment of the rental and operating expenses of such office quarters.

(4) Prior to entering into any lease purchase or installment purchase agreement or before exercising any purchase option in agreements made under subsection (1) of this section, the department shall report to the legislative review agency as defined in ORS 291.371 (Salary plan review by legislative review agency) . However, the department shall not enter into any lease purchase or installment purchase agreement in excess of $100,000 under any provision of law other than ORS 283.085 (Definitions for ORS 283.085 to 283.092) to 283.092 (Effect of financing agreement on tax status) .

(5) The title to properties acquired through lease-purchase options authorized in subsection (1) of this section shall vest automatically in the Oregon Department of Administrative Services in the name of the state. Properties so acquired shall be operated as office buildings as provided in ORS 276.004 (Utilization of buildings and grounds other than State Capitol, Supreme Court Building and State Capitol State Park) . [1953 c.591 §1; 1955 c.243 §1; 1965 c.385 §1; 1969 c.199 §42; 1969 c.706 §56; 1977 c.598 §20; 1981 c.106 §13; 1981 c.491 §3; 1981 c.492 §2; 1985 c.276 §3; 1991 c.642 §3; 2005 c.755 §11; 2007 c.783 §90; 2016 c.117 §44]

Source: Section 276.429 — Leases; lease option purchase; cost policy; report to legislative review agency , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 276a.575 — OR Code / Title 26 / Chapter 276a / Section 276a.575
276A.575 Oregon Cybersecurity Grant Program Fund
Status: in_force

(1) The Oregon Cybersecurity Grant Program Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Cybersecurity Grant Program Fund must be credited to the fund.

(2) Moneys in the fund shall consist of:

(a) Amounts donated to the fund;

(b) Amounts appropriated or otherwise transferred to the fund by the Legislative Assembly; and

(c) Other amounts deposited in the fund from any source.

(3) Moneys in the fund are continuously appropriated to the Higher Education Coordinating Commission for distribution to the Oregon Cybersecurity Center of Excellence for the purposes of providing:

(a) Cybersecurity assessment, scanning and analysis, monitoring, incident response and technical assistance and other cybersecurity-related goods and services to Oregon public bodies on a competitive basis with specific emphasis on serving the unmet needs of local governments, regional governments, special districts, education service districts, school districts and libraries.

(b) Matching funds for federal moneys related to cybersecurity received by public bodies.

(4) The center shall adopt standards, objectives, criteria and eligibility requirements for the use of moneys distributed from the fund. In developing criteria and eligibility standards, the center shall take into consideration any requirements of federal programs awarding moneys related to cybersecurity.

(5) The center shall submit to the Governor and to the appropriate committees of the Legislative Assembly, in the manner provided under ORS 192.245 (Form of report to legislature) , a biennial report that summarizes the balance of the fund, lists the deposits into and expenditures from the fund and provides such other details as necessary regarding the operation of the fund. [2023 c.489 §10]

Note: See note under 276A.565 (Oregon Cybersecurity Center of Excellence Operating Fund) .

Source: Section 276A.575 — Oregon Cybersecurity Grant Program Fund; standards and requirements; biennial report , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276A.­html (accessed May 26, 2025).
ORS § 276.250 — OR Code / Title 26 / Chapter 276 / Section 276.250
276.250 Agreement with City of Salem for water and fire protection
Status: in_force

The Oregon Department of Administrative Services may enter into an agreement with the City of Salem for the furnishing of water and fire protection services to all state buildings in the vicinity of Salem. The rates and terms provided therein shall be equitable and shall not be higher than existing costs of the same amount of water to the state. In addition thereto, equitable payment, as agreed upon by the department may be made for fire protection or increased fire protection to state buildings outside the corporate limits of the City of Salem resulting from the improved water supply. [Amended by 1969 c.199 §38]

Source: Section 276.250 — Agreement with City of Salem for water and fire protection , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 279b.060 — OR Code / Title 26 / Chapter 279b / Section 279b.060
279B.060 Competitive sealed proposals
Status: in_force

(1) A contracting agency may solicit and award a public contract for goods or services, or may award multiple public contracts for goods or services when specified in the request for proposals, by requesting and evaluating competitive sealed proposals.

(2) A request for proposals must:

(a) Specify a time and date by which sealed proposals must be received, and a place at which the proposals must be submitted. The contracting agency, in the contracting agency’s sole discretion, may receive proposals by electronic means or may direct or permit proposers to submit proposals by electronic means.

(b) Specify the name and title of the person designated to receive proposals and the person the contracting agency designates as the contact person for the procurement, if different.

(c) Describe the procurement. In the description, the contracting agency shall identify the scope of work included within the procurement, outline the contractor’s anticipated duties and set expectations for the contractor’s performance. Unless the contractor is providing architectural, engineering, photogrammetric mapping, transportation planning or land surveying services or related services, as defined in ORS 279C.100 (Definitions for ORS 279C.100 to 279C.125) , or unless the contracting agency for good cause specifies otherwise, the scope of work shall require the contractor to meet the highest standards prevalent in the industry or business most closely involved in providing the appropriate goods or services.

(d) Specify a time, date and place for prequalification applications, if any, to be filed and the classes of work, if any, for which proposers must be prequalified in accordance with ORS 279B.120 (Prequalification of prospective bidders and proposers) .

(e) State that the contracting agency may cancel the procurement or reject any or all proposals in accordance with ORS 279B.100 (Cancellation, rejection, delay of invitations for bids or requests for proposals) .

(f) State that “Contractors shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document.” if a state contracting agency issues the request for proposals.

(g) Require the contractor or subcontractor to possess an asbestos abatement license, if required under ORS 468A.710 (License required for asbestos abatement project) .

(h) Include all contractual terms and conditions applicable to the procurement. The contract terms and conditions shall specify clear consequences for a contractor’s failure to perform the scope of work identified in the request for proposals or the contractor’s failure to meet established performance standards. The consequences may include, but are not limited to:

(A) Reducing or withholding payment;

(B) Requiring the contractor to perform, at the contractor’s expense, additional work necessary to perform the identified scope of work or meet the established performance standards; or

(C) Declaring a default, terminating the public contract and seeking damages and other relief available under the terms of the public contract or other applicable law.

(3) The request for proposals also may:

(a) Identify contractual terms or conditions that 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;

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

(d) Announce the method the contracting agency will use to select the contractor, which may include, but is not limited to, negotiating with the highest ranked proposer, competitive negotiations, a multiple-tiered competition that is designed 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 a combination of methods, as authorized or prescribed by rules adopted under ORS 279A.065 (Model rules generally) ; and

(e) Describe the manner in which the contracting agency will evaluate proposals, identifying the relative importance of price and other factors the contracting agency will use to evaluate and rate the proposals in the first tier of competition. If the contracting agency uses more than one tier of competitive evaluation, the request for proposals must describe the process the contracting agency will use to evaluate proposals in the subsequent tiers.

(4) Intentionally left blank —Ed.

(a) The contracting agency may require proposal security in any form the contracting agency deems prudent. Proposal security must serve the same function with respect to requests for proposals as bid security serves with respect to invitations to bid under ORS 279B.055 (Competitive sealed bidding) .

(b) The contracting agency shall return the proposal security to all proposers upon the execution of the contract.

(c) The contracting agency shall retain the proposal security if a proposer who is awarded a contract fails to promptly and properly execute the contract. For purposes of this paragraph, prompt and proper execution of the contract includes all action by a proposer that is necessary to form a contract in accordance with the request for proposals, including posting performance security and submitting proof of insurance if the request for proposals requires the submission. If contract negotiations or competitive negotiations are conducted, the failure, prior to award, of a contracting agency and a proposer to reach agreement does not constitute grounds for retaining proposal security.

(5) A contracting agency shall give public notice of the request for proposals in the same manner as provided for public notice of invitations to bid in ORS 279B.055 (Competitive sealed bidding) (4).

(6) Intentionally left blank —Ed.

(a) Notwithstanding ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) , a contracting agency may open proposals in a manner that avoids disclosing contents to competing proposers during, when applicable, the process of negotiation, but the contracting agency shall record and make available the identity of all proposers as part of the contracting agency’s public records after the proposals are opened. Notwithstanding ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) , proposals are not required to be open for public inspection until after the notice of intent to award a contract is issued. The fact that proposals are opened at a meeting, as defined in ORS 192.610 (Definitions for ORS 192.610 to 192.705) , does not make the contents of the proposals subject to disclosure, regardless of whether the public body opening the proposals fails to give notice of or provide for an executive session for the purpose of opening proposals.

(b) Notwithstanding a requirement to make proposals open to public inspection after the contracting agency issues notice of intent to award a contract, a contracting agency may withhold from disclosure to the public materials included in a proposal that are exempt or conditionally exempt from disclosure under ORS 192.345 (Public records conditionally exempt from disclosure) or 192.355 (Public records exempt from disclosure) .

(c) If a contracting agency cancels a request for proposals under ORS 279B.100 (Cancellation, rejection, delay of invitations for bids or requests for proposals) after receiving or rejecting proposals, the contracting agency may return a proposal to the proposer that made the proposal. The contracting agency shall keep a list of returned proposals in the file for the solicitation.

(7) As provided in the request for proposals or in written addenda issued thereunder, the contracting agency, before or after opening proposals, may conduct site tours, demonstrations, individual or group discussions and other informational activities with proposers for the purpose of clarification to ensure full understanding of, and responsiveness to, the solicitation requirements or to consider and respond to requests for modifications of the proposal requirements. The contracting agency shall use procedures designed to accord proposers fair and equal treatment with respect to any opportunity for discussion and revision of proposals.

(8) For purposes of evaluation, when provided for in the request for proposals, the contracting agency may employ methods of contractor selection that include, but are not limited to:

(a) An award or awards based solely on the ranking of proposals;

(b) Discussions leading to best and final offers, in which the contracting agency may not disclose private discussions leading to best and final offers;

(c) Discussions leading to best and final offers, in which the contracting agency may not disclose information derived from proposals submitted by competing proposers;

(d) Serial negotiations, beginning with the highest ranked proposer;

(e) Competitive simultaneous negotiations;

(f) Multiple-tiered competition designed to identify, at each level, a class of proposers that fall within a competitive range or to otherwise eliminate from consideration a class of lower ranked proposers;

(g) A multistep request for proposals requesting the submission of unpriced technical submittals, and then later issuing a request for proposals limited to the proposers whose technical submittals the contracting agency had determined to be qualified under the criteria set forth in the initial request for proposals; or

(h) A combination of methods described in this subsection, as authorized or prescribed by rules adopted under ORS 279A.065 (Model rules generally) .

(9) Revisions of proposals may be permitted after the submission of proposals and before award for the purpose of obtaining best offers or best and final offers.

(10) After opening proposals, a contracting agency may issue or electronically post an addendum to the request for proposals that modifies the criteria, rating process and procedure for any tier of competition before the start of the tier to which the addendum applies. The contracting agency shall send an addendum that is issued by a method other than electronic posting to all proposers who are eligible to compete under the addendum. The contracting agency shall issue or post the addendum at least five days before the start of the subject tier of competition or as the contracting agency otherwise determines is adequate to allow eligible proposers to prepare for the competition in accordance with rules adopted under ORS 279A.065 (Model rules generally) .

(11) The cancellation of requests for proposals and the rejection of proposals must be in accordance with ORS 279B.100 (Cancellation, rejection, delay of invitations for bids or requests for proposals) .

(12) In a request for proposals, a contracting agency shall describe the methods by which the contracting agency will make the results of each tier of competitive evaluation available to the proposers who competed in the tier. The contracting agency shall include a description of the manner in which the proposers who are eliminated from further competition may protest or otherwise object to the contracting agency’s decision.

(13) A contracting agency shall issue or electronically post the notice of intent to award described in ORS 279B.135 (Notice of intent to award) to each proposer who was evaluated in the final competitive tier.

(14) If a contracting agency awards a contract, the contracting agency shall award the contract to the responsible proposer whose proposal the contracting agency determines in writing is the most advantageous to the contracting agency based on the evaluation process and evaluation factors described in this section and in the request for proposals, applicable preferences described in ORS 279A.120 (Preference for Oregon goods and services) and 279A.125 (Preference for recycled materials) and, when applicable, the outcome of any negotiations authorized by the request for proposals. Other factors may not be used in the evaluation. If the request for proposals specifies or authorizes awarding multiple public contracts, the contracting agency shall award public contracts to the responsible proposers who qualify for the award of a contract under the terms of the request for proposals.

(15) 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 preparing a request for proposals.

(16) Before executing a contract solicited under this section, a contracting agency shall obtain the proposer’s agreement to perform the scope of work and meet the performance standards set forth in the final negotiated scope of work. [2003 c.794 §52; 2009 c.880 §6; 2011 c.458 §12; 2018 c.85 §§3,4]

Source: Section 279B.060 — Competitive sealed proposals , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279B.­html (accessed May 26, 2025).
ORS § 279a.205 — OR Code / Title 26 / Chapter 279a / Section 279a.205
279A.205 Cooperative procurements authorized
Status: in_force

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

(2) A contracting agency may participate in, sponsor, conduct or administer a permissive or interstate cooperative procurement for the procurement of any goods or services, but not public improvements. [2003 c.794 §26; 2005 c.103 §6]

Source: Section 279A.205 — Cooperative procurements authorized , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279A.­html (accessed May 26, 2025).
ORS § 276.080 — OR Code / Title 26 / Chapter 276 / Section 276.080
276.080 One percent of moneys for construction or alteration of state buildings to be used for acquisition of art works
Status: in_force

(1) All appropriations for the construction or alteration of any state building shall be considered to contain an appropriation of one percent of the amount thereof for the acquisition of works of art which may be an integral part of the building, attached thereto or capable of display in other state buildings.

(2) When it would not be appropriate to place works of art in a given structure, the funds authorized in subsection (1) of this section shall be expended to acquire works of art for placement in other buildings under the control of the contracting agency. [1975 c.472 §2; 1977 c.848 §3]

Note: See note under 276.073 (Definitions for ORS 276.073 to 276.090) .

Source: Section 276.080 — One percent of moneys for construction or alteration of state buildings to be used for acquisition of art works; use in other state buildings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 279b.120 — OR Code / Title 26 / Chapter 279b / Section 279b.120
279B.120 Prequalification of prospective bidders and proposers
Status: in_force

(1) A contracting agency may prequalify prospective bidders or proposers to submit bids or proposals for public contracts to provide particular types of goods or services. The method of submitting prequalification applications, the information required in order to be prequalified and the forms to be used for submitting prequalification information shall be determined by the contracting agency unless otherwise prescribed by rule adopted by the Director of the Oregon Department of Administrative Services or the local contract review board.

(2) The contracting agency shall, in response to the receipt of a prequalification application submitted under subsection (1) of this section, notify the prospective bidder or proposer whether the prospective bidder or proposer is qualified based on the standards of responsibility listed in ORS 279B.110 (Responsibility of bidders and proposers) (2), the type and nature of contracts that the prospective bidder or proposer is qualified to compete for and the time period for which the prequalification is valid. If the contracting agency does not prequalify a prospective bidder or proposer as to any contracts covered by the prequalification process, the notice must specify which of the standards of responsibility listed in ORS 279B.110 (Responsibility of bidders and proposers) (2) the prospective bidder or proposer failed to meet. Unless the reasons are specified, the prospective bidder or proposer shall be deemed to have been prequalified in accordance with the application.

(3) If a contracting agency subsequently discovers that a prospective bidder or proposer that prequalified under subsections (1) and (2) of this section is no longer qualified, the agency may revoke the prequalification upon reasonable notice to the prospective bidder or proposer, except that a revocation is invalid as to any contract for which an advertisement for bids or proposals has already been issued. [2003 c.794 §61]

Source: Section 279B.120 — Prequalification of prospective bidders and proposers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279B.­html (accessed May 26, 2025).
ORS § 283.390 — OR Code / Title 26 / Chapter 283 / Section 283.390
283.390 State-owned vehicles to be marked
Status: in_force

(1) Any state department or institution owning or operating automobiles or trucks shall have printed or painted in plain lettering of a size so as to be readily read the name of the department or institution owning or operating the vehicle, followed by the words “State of Oregon.”

(2) A vehicle need not be marked as required by subsection (1) of this section and need bear only such evidence of registration as is required on privately owned vehicles if:

(a) In the opinion of the Director of the Oregon Department of Administrative Services, the marking of the vehicle as required by subsection (1) of this section would unduly hinder the department or institution owning or operating the vehicle in carrying out its duties and functions; and

(b) The department has approved in writing the operation of the particular vehicle without being marked as required by subsection (1) of this section.

(3) Notwithstanding subsection (1) of this section, the department shall, upon request of any state law enforcement agency or state parole or probation agency for which the department obtains vehicles, obtain for the agencies vehicles that are not marked as required by subsection (1) of this section and that have registration described in ORS 805.060 (Law enforcement undercover vehicles) . [Formerly 291.724; 1987 c.6 §3; 1993 c.741 §118]

Source: Section 283.390 — State-owned vehicles to be marked; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors283.­html (accessed May 26, 2025).
ORS § 279b.210 — OR Code / Title 26 / Chapter 279b / Section 279b.210
279B.210 Policy
Status: in_force

It is the policy of the State of Oregon to encourage the development of clear, precise and accurate specifications in solicitations for public contracts. To that end, in developing specifications, contracting agencies may consult, under contract or otherwise, with technical experts, suppliers, prospective contractors and representatives of the industries with which the contracting agencies contract. However, a contracting agency shall take reasonable measures to ensure that no person who prepares or assists in the preparation of solicitation documents, specifications, plans or scopes of work, and no business with which the person is associated, realizes a material competitive advantage in a procurement that arises from the agency’s use of the solicitation documents, specifications, plans or scopes of work. The policy against the realization of a material competitive advantage from the character of the specifications developed in conjunction with persons outside the contracting agency does not proscribe advantages that result incidentally from a contracting agency’s specification of the characteristics of a product or work to meet the contracting agency’s needs. [2003 c.794 §75]

Source: Section 279B.210 — Policy; development of specifications , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279B.­html (accessed May 26, 2025).
ORS § 276.424 — OR Code / Title 26 / Chapter 276 / Section 276.424
276.424 Joint leases
Status: in_force

Any two or more agencies, including the Oregon Department of Administrative Services, may enter into a joint lease or rental agreement for office quarters in the same city or community, with such provision for apportionment of the rental as may be agreed upon. [Amended by 1977 c.598 §17]

Source: Section 276.424 — Joint leases , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 278.011 — OR Code / Title 26 / Chapter 278 / Section 278.011
278.011 State agencies to supply information on property
Status: in_force

At times determined by the Oregon Department of Administrative Services, each state agency shall supply such information regarding its property, personal and real, and its personnel, budget and activities as the department shall require for risk control, insurance and claims purposes. The appraised value of the property shall be established by the department on the basis of present day replacement costs excluding the value of land. [1953 c.581 §9; 1957 c.385 §1; 1961 c.448 §3; 1965 c.140 §1; 1969 c.670 §5; 1981 c.109 §7; 1991 c.566 §1]

Source: Section 278.011 — State agencies to supply information on property; appraised value determined , https://www.­oregonlegislature.­gov/bills_laws/ors/ors278.­html (accessed May 26, 2025).
ORS § 276a.555 — OR Code / Title 26 / Chapter 276a / Section 276a.555
276A.555 Oregon Cybersecurity Center of Excellence
Status: in_force

(1) The Oregon Cybersecurity Center of Excellence is established at Portland State University. The center shall operate under the joint direction and control of Portland State University, Oregon State University and the University of Oregon. A director shall be appointed to oversee the center pursuant to procedures set forth in the charter developed and adopted under subsection (5) of this section.

(2) The purpose of the center is to supplement the activities of the State Chief Information Officer regarding cybersecurity in this state by coordinating, funding or providing:

(a) Awareness, education and training about cybersecurity and cybersecurity-related issues for public, private and nonprofit sectors;

(b) Cybersecurity workforce development programs in coordination with:

(A) Public universities listed in ORS 352.002 (Public universities) ;

(B) Community colleges operated under ORS chapter 341; and

(C) Science, technology, engineering and mathematics and career and technical education programs;

(c) Research about cybersecurity education and training methodologies;

(d) Research and development of cybersecurity technologies, tools, policies and processes; and

(e) Cybersecurity-related goods and services to Oregon public bodies, with priority given to local governments, regional governments, special districts, education service districts, school districts and libraries.

(3) The center shall:

(a) Serve as the statewide advisory body to the Legislative Assembly, Governor and State Chief Information Officer on cybersecurity and cybersecurity-related issues for local governments, regional governments, special districts, education service districts, school districts and libraries.

(b) Provide to public, private and nonprofit sectors in this state information and recommend best practices concerning cybersecurity, cyber resilience and recovery measures, including legal, insurance and other topics.

(c) Coordinate the sharing of information related to cybersecurity threats, risks, warnings and incidents, and promote public awareness and shared, real-time situational awareness among public, private and nonprofit sector entities.

(d) Provide cybersecurity assessment, scanning and analysis, monitoring and incident response services to public bodies, with priority given to public bodies with the greatest need for services, including local governments, regional governments, special districts, education service districts, school districts and libraries.

(e) Collaborate with public bodies to coordinate cybersecurity efforts with ongoing information technology modernization and resilience projects.

(f) Identify and participate in appropriate federal, multistate, regional, state, local or private sector programs and efforts that support or complement the center’s purpose.

(g) Pursue and leverage federal sources of cybersecurity and cyber resilience funding to achieve state goals related to cybersecurity and cyber resilience.

(h) Manage and award funds distributed to the center for cybersecurity and cyber resilience initiatives.

(i) Encourage the development of Oregon’s cybersecurity workforce by, at a minimum:

(A) Identifying gaps and needs in workforce programs.

(B) Fostering the growth and development of cybersecurity workforce development programs and career and technical education in school districts, community colleges operated under ORS chapter 341, and public universities listed in ORS 352.002 (Public universities) .

(C) Assisting in curriculum review and standardization and providing recommendations to improve programs.

(D) Fostering industry involvement in internships, mentorship and apprenticeship programs and experiential learning programs.

(E) Building awareness of industry and career opportunities to recruit students into cyber-related educational tracks.

(4) Intentionally left blank —Ed.

(a) Portland State University, Oregon State University and the University of Oregon shall enter into an operating agreement for administering the center, including the provision of administrative and staff support and facilities.

(b) A public university listed in ORS 352.002 (Public universities) , or a community college operated under ORS chapter 341, not listed in paragraph (a) of this subsection may join the operating agreement and provide administrative and staff support and facilities. The process for joining the operating agreement shall be described in the operating agreement or the charter developed under subsection (5) of this section.

(5) Portland State University, Oregon State University and the University of Oregon, in consultation with the Oregon Cybersecurity Advisory Council, shall develop and adopt a charter to serve as the governing document for the center. The charter must contain provisions regarding the center’s operations, budget and any funds administered by the center and the procedures for appointing the director to oversee the center. Portland State University, Oregon State University and the University of Oregon shall annually review and, as necessary, update the charter.

(6) The center shall, in consultation with the council:

(a) Develop and update every four years a strategic plan, including goals and objectives, for the center.

(b) Develop and submit a report on the center’s strategic goals and objectives, operations and funding requests for continued operations and funds administered by the center, to the Governor and to the appropriate committees of the Legislative Assembly, in the manner required by ORS 192.245 (Form of report to legislature) , by February 1 of each odd-numbered year. The report must identify any grants, donations, gifts or other forms of conveyances of land, money, real or personal property or other valuable thing made to the state or the center for carrying out the purposes of the center.

(c) Provide a statewide forum for discussing and resolving cybersecurity issues.

(7) Intentionally left blank —Ed.

(a) All agencies of state government are directed to assist the center in the performance of the center’s duties and, to the extent permitted by laws relating to confidentiality, shall furnish information and advice the center considers necessary to perform the center’s duties.

(b) As used in this subsection, “state government” has the meaning given that term in ORS 174.111 (“State government” defined) , except that “state government” does not include the Secretary of State or State Treasurer. [2023 c.489 §7 (enacted in lieu of 276A.329)]

Source: Section 276A.555 — Oregon Cybersecurity Center of Excellence; purpose; operating agreement; strategic plan; biennial report , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276A.­html (accessed May 26, 2025).
ORS § 279b.220 — OR Code / Title 26 / Chapter 279b / Section 279b.220
279B.220 Conditions concerning payment, contributions, liens, withholding
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 shall contain a condition that the contractor shall:

(1) Make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the work provided for in the contract.

(2) Pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of the contract.

(3) Not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished.

(4) Pay to the Department of Revenue all sums withheld from employees under ORS 316.167 (Withholding of tax required) . [2003 c.794 §76a]

Source: Section 279B.220 — Conditions concerning payment, contributions, liens, withholding , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279B.­html (accessed May 26, 2025).
ORS § 279a.128 — OR Code / Title 26 / Chapter 279a / Section 279a.128
279A.128 Preference for goods fabricated or processed within state or services performed within state
Status: in_force

(1) As used in this section, “services” means services as defined in ORS 279A.010 (Definitions for Public Contracting Code) (1)(kk) and personal services designated under ORS 279A.055 (Personal services contracts) .

(2) Intentionally left blank —Ed.

(a) Notwithstanding provisions of law requiring a contracting agency to award a contract to the lowest responsible bidder or best proposer or provider of a quotation, a contracting agency that uses public funds to procure goods or services for a public use under ORS chapter 279B may give preference to:

(A) Procuring goods or services provided by a benefit company that is incorporated, organized, formed or created under ORS 60.754 (Status as benefit company) , that submits with a bid or proposal a certificate of existence issued under ORS 60.027 (Certificate of existence or authorization) and has the majority of the benefit company’s regular, full-time workforce located in this state at the time the benefit company submits the bid or proposal, if the goods or services cost not more than five percent more than goods or services available from a contractor that is not a benefit company; or

(B) Procuring goods that are fabricated or processed, or services that are performed, entirely within this state if the goods or services cost not more than 10 percent more than goods that are not fabricated or processed, or services that are not performed, entirely within this state.

(b) If more than one bidder or proposer qualifies for a preference described in paragraph (a) of this subsection, the contracting agency may give a further preference to a qualifying bidder or proposer that resides in or is headquartered in this state.

(c) The contracting agency by order may set a higher percentage than the percentages set forth in paragraph (a) of this subsection if the contracting agency, in a written determination to support the order, finds good cause to set the higher percentage and explains the contracting agency’s reasons and evidence for the finding.

(3) Notwithstanding ORS 279C.320 (Contracts for construction other than public improvements) (1), subsection (2) of this section does not apply to emergency work, minor alterations, ordinary repairs or maintenance work for public improvements or to other construction contracts described in ORS 279C.320 (Contracts for construction other than public improvements) (1). [2009 c.214 §2; 2011 c.237 §1; 2023 c.559 §1]

Source: Section 279A.128 — Preference for goods fabricated or processed within state or services performed within state , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279A.­html (accessed May 26, 2025).
ORS § 280.470 — OR Code / Title 26 / Chapter 280 / Section 280.470
280.470 Covenants in bonds allowed
Status: in_force

The official action authorizing the issuance of bonds 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) to finance or refinance in whole or in part, the acquisition, construction, installation, reconstruction, improvement, betterment or extension of any eligible project may contain covenants, notwithstanding that such covenants may limit the exercises of powers conferred 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) in the following respects and in such other respects as the city may decide:

(1) The rents to be charged for the use of properties acquired, constructed, installed, reconstructed, improved, bettered or extended 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) ;

(2) The use and disposition of the revenues of such projects;

(3) The creation and maintenance of sinking funds and the regulation, use and disposition thereof;

(4) The creation and maintenance of funds to provide for maintaining the eligible project and replacement of properties depreciated, damaged, destroyed or condemned;

(5) The purpose or purposes to which the proceeds of sale of bonds may be applied and the use and disposition of such proceeds;

(6) The nature of mortgages or other encumbrances on the eligible project made in favor of the holder or holders of such bonds or a trustee therefor;

(7) The events of default and the rights and liabilities arising thereon and the terms and conditions upon which the holders of any bonds may bring any suit or action on such bonds or on any coupons appurtenant thereto;

(8) The issuance of other or additional bonds or instruments payable from or constituting a charge against the revenue of the eligible project;

(9) The insurance to be carried upon the eligible project and the use and disposition of insurance moneys;

(10) The keeping of books of account and the inspection and audit thereof;

(11) The terms and conditions upon which any or all of the bonds shall become or may be declared due before maturity and the terms and conditions upon which such declaration and its consequences may be waived;

(12) The rights, liabilities, powers and duties arising upon the breach by the municipality or redevelopment agency of any covenants, conditions or obligations;

(13) The appointing of and vesting in a trustee or trustees of the right to enforce any covenants made to secure or to pay the bonds; the powers and duties of such trustee or trustees, and the limitation of their liabilities;

(14) The terms and conditions upon which the holder or holders of the bonds, or the holders of any proportion or percentage of them, may enforce any covenants made 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) ;

(15) A procedure by which the terms of any official action authorizing bonds or of any other contract with bondholders, including but not limited to an indenture of trust or similar instrument, may be amended or abrogated, and the amount of bonds the holders of which may consent thereto, and the manner in which such consent may be given; and

(16) The subordination of the security of any bonds issued 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) and the payment of principal and interest thereof, to the extent deemed feasible and desirable by the city, to other bonds or obligations of the city issued to finance the eligible project or that may be outstanding when the bonds thus subordinated are issued and delivered. [1977 c.772 §13]

Source: Section 280.470 — Covenants in bonds allowed , https://www.­oregonlegislature.­gov/bills_laws/ors/ors280.­html (accessed May 26, 2025).
ORS § 279c.410 — OR Code / Title 26 / Chapter 279c / Section 279c.410
279C.410 Receipt of proposals
Status: in_force

(1) Notwithstanding the public records law, ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) :

(a) Proposals may be opened so as to avoid disclosure of contents to competing proposers during, when applicable, the process of negotiation.

(b) Proposals are not required to be open for public inspection until after the notice of intent to award a contract is issued.

(2) For each request for proposals, the contracting agency shall prepare a list of proposals.

(3) Notwithstanding any requirement to make proposals open to public inspection after the contracting agency’s issuance of notice of intent to award a contract, a contracting agency may withhold from disclosure to the public trade secrets, as defined in ORS 192.345 (Public records conditionally exempt from disclosure) , and information submitted to a public body in confidence, as described in ORS 192.355 (Public records exempt from disclosure) , that are contained in a proposal. The fact that proposals are opened at a public meeting as defined in ORS 192.610 (Definitions for ORS 192.610 to 192.705) does not make their contents subject to disclosure, regardless of whether the public body opening the proposals fails to give notice of or provide for an executive session for the purpose of opening proposals. If a request for proposals is canceled after proposals are received, the contracting agency may return a proposal to the proposer that made the proposal. The contracting agency shall keep a list of returned proposals in the file for the solicitation.

(4) As provided in the request for proposals, a contracting agency may conduct discussions with proposers who submit proposals the agency has determined to be closely competitive or to have a reasonable chance of being selected for award. The discussions may be conducted for the purpose of clarification to ensure full understanding of, and responsiveness to, the solicitation requirements. The contracting agency shall accord proposers fair and equal treatment with respect to any opportunity for discussion and revision of proposals. Revisions of proposals may be permitted after the submission of proposals and before award for the purpose of obtaining best and final offers. In conducting discussions, the contracting agency may not disclose information derived from proposals submitted by competing proposers.

(5) When provided for in the request for proposals, the contracting agency may employ methods of contractor selection including but not limited to award based solely on the ranking of proposals, negotiation with the highest ranked proposer, competitive negotiations, multiple-tiered competition designed 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) . When applicable, in any instance in which the contracting agency determines that impasse has been reached in negotiations with a highest ranked proposer, the contracting agency may terminate negotiations with that proposer and commence negotiations with the next highest ranked proposer.

(6) The cancellation of requests for proposals and the rejection of proposals shall be in accordance with ORS 279C.395 (Rejection of bids) .

(7) At least seven days before the award of a public improvement 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 issue to each proposer or post, electronically or otherwise, a notice of intent to award.

(8) If a public improvement contract is awarded, the contracting agency shall award a public improvement contract to the responsible proposer whose proposal is determined in writing to be the most advantageous to the contracting agency based on the evaluation factors set forth in the request for proposals and, when applicable, the outcome of any negotiations authorized by the request for proposals. Other factors may not be used in the evaluation. [2003 c.794 §131; 2005 c.103 §24; 2007 c.764 §31]

Source: Section 279C.410 — Receipt of proposals; evaluation and award , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 279a.130 — OR Code / Title 26 / Chapter 279a / Section 279a.130
279A.130 Preference for exceeding Buy America requirements for transit projects
Status: in_force

(1) Notwithstanding provisions of law that require a contracting agency to award a contract to the lowest responsible bidder or best proposer or provider of a quotation, a contracting agency that receives and uses funds from the federal government or an agency of the federal government for a transit project may give preference to a bidder or proposer that exceeds federal Buy America requirements that apply to federally funded transit projects, as permitted under 49 C.F.R. 661.21 as that regulation existed on March 16, 2012.

(2) The Department of Transportation, the Oregon Department of Administrative Services and the Attorney General may adopt rules under ORS 279A.065 (Model rules generally) and establish policies and procedures to implement subsection (1) of this section. [2012 c.58 §2]

Source: Section 279A.130 — Preference for exceeding Buy America requirements for transit projects; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279A.­html (accessed May 26, 2025).
ORS § 276.224 — OR Code / Title 26 / Chapter 276 / Section 276.224
276.224 Charges for providing heat, light, communication, power facilities
Status: in_force

In addition to any other lawful method of paying the costs and expenses incurred under the provisions of ORS 276.210 (Definition for ORS 276.210 to 276.228) to 276.228 (Approval of claims) , the Oregon Department of Administrative Services may at its discretion estimate the cost to each and every state building or department affected by the cost and expense of any construction, contract, maintenance and operation made under ORS 276.210 (Definition for ORS 276.210 to 276.228) to 276.228 (Approval of claims) and direct the State Treasurer to transfer from any appropriate or corresponding appropriation theretofore or hereafter made for such state buildings or departments, the amount thus determined by the department to a revolving fund hereby created. All obligations incurred under ORS 276.210 (Definition for ORS 276.210 to 276.228) to 276.228 (Approval of claims) shall be paid from such revolving fund. [Amended by 1969 c.199 §35; 2005 c.755 §8]

Source: Section 276.224 — Charges for providing heat, light, communication, power facilities; transfer from appropriations to revolving fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 283.087 — OR Code / Title 26 / Chapter 283 / Section 283.087
283.087 Financing agreements
Status: in_force

(1) The Director of the Oregon Department of Administrative Services may enter into financing agreements in accordance with ORS 283.085 (Definitions for ORS 283.085 to 283.092) to 283.092 (Effect of financing agreement on tax status) .

(2) Financing agreements entered into under ORS 283.085 (Definitions for ORS 283.085 to 283.092) to 283.092 (Effect of financing agreement on tax status) are subject to the following limitations:

(a) Neither the director nor any other agency of the state may pay amounts due under a financing agreement from any source other than available funds. If there are insufficient available funds to pay amounts due under a financing agreement, the lender may exercise any property rights which the state has granted to it in the financing agreement, against the property which was purchased with the proceeds of the financing agreement, and apply the amounts so received toward payments scheduled to be made by the state under the financing agreement.

(b) Neither the director nor any other agency of the state may grant property rights in property unless the property is being acquired, substantially improved or refinanced with proceeds of a financing agreement entered into under ORS 283.085 (Definitions for ORS 283.085 to 283.092) to 283.092 (Effect of financing agreement on tax status) or the property is land on which improvements financed, in whole or in part, under ORS 283.085 (Definitions for ORS 283.085 to 283.092) to 283.092 (Effect of financing agreement on tax status) are located.

(c) A financing agreement with a principal amount in excess of $100,000 is subject to the requirements of ORS chapter 286A, and the director may exercise the powers granted to a related agency, as defined in ORS 286A.001 (Definitions for ORS chapter 286A) , with respect to a financing agreement described in this paragraph.

(3) The expenditure of funds used to finance previously executed financing agreements or to pay costs incurred to issue a financing agreement must be recorded using administrative budget limitations.

(4) For purposes of this section, the principal amount of a financing agreement, other than a financing agreement to refinance a financing agreement, exceeds $100,000 if the principal amount, when combined with the principal amount of a financing agreement, other than a financing agreement to refinance a financing agreement, previously issued for the same project exceeds $100,000.

(5) Upon the request and with the approval of the Chief Justice of the Supreme Court or the State Court Administrator, the Director of the Oregon Department of Administrative Services may enter into financing agreements in accordance with ORS 283.085 (Definitions for ORS 283.085 to 283.092) to 283.092 (Effect of financing agreement on tax status) on behalf of the Judicial Department. [1989 c.1032 §2; 1991 c.642 §4; 1991 c.790 §20; 1993 c.500 §40; 1993 c.635 §3; 2003 c.746 §10; 2007 c.783 §95; 2013 c.767 §4]

Note: See second note under 283.085 (Definitions for ORS 283.085 to 283.092) .

Source: Section 283.087 — Financing agreements; limitations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors283.­html (accessed May 26, 2025).
ORS § 283.320 — OR Code / Title 26 / Chapter 283 / Section 283.320
283.320 Transfer to pool or sale of vehicles
Status: in_force

(1) The Oregon Department of Administrative Services shall study and ascertain the present needs for motor vehicles and shall authorize transfer to the pool or the sale of vehicles found not to be required by state agencies.

(2) Where any motor vehicle so transferred from any agency was purchased by the agency from a dedicated fund or trust fund, as defined in ORS 291.002 (Definitions) , an amount equal to the depreciated value of the vehicle shall be paid to the agency within 10 years after the vehicle’s acquisition by the department, or, at the option of the department, shall be entered upon the accounts of the Oregon Department of Administrative Services Operating Fund as a credit in favor of the agency from which the vehicle was transferred, and any charges thereafter made to such agency, pursuant to ORS 283.350 (Use of Oregon Department of Administrative Services Operating Fund for automotive purposes) , for transportation furnished to the agency, shall be offset against such credit until the entire amount of the credit has been utilized. [Formerly 291.708; 1993 c.335 §3]

Source: Section 283.320 — Transfer to pool or sale of vehicles; reimbursement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors283.­html (accessed May 26, 2025).
ORS § 279c.585 — OR Code / Title 26 / Chapter 279c / Section 279c.585
279C.585 Authority to substitute undisclosed first-tier subcontractor
Status: in_force

A contractor whose bid is accepted may substitute a first-tier subcontractor that was not disclosed under ORS 279C.370 (First-tier subcontractor disclosure) by submitting the name of the new subcontractor and the reason for the substitution in writing to the contracting agency. A contractor may substitute a first-tier subcontractor under this section in the following circumstances:

(1) When the subcontractor disclosed under ORS 279C.370 (First-tier subcontractor disclosure) fails or refuses to execute a written contract after having had a reasonable opportunity to do so after the written contract, which must be reasonably based upon the general terms, conditions, plans and specifications for the public improvement project or the terms of the subcontractor’s written bid, is presented to the subcontractor by the contractor.

(2) When the disclosed subcontractor becomes bankrupt or insolvent.

(3) When the disclosed subcontractor fails or refuses to perform the subcontract.

(4) When the disclosed subcontractor fails or refuses to meet the bond requirements of the contractor that had been identified prior to the bid submittal.

(5) When the contractor demonstrates to the contracting agency that the subcontractor was disclosed as the result of an inadvertent clerical error.

(6) When the disclosed subcontractor does not hold a license from, or has a license that is not properly endorsed by, the Construction Contractors Board and is required to be licensed by the board.

(7) When the contractor determines that the work performed by the disclosed subcontractor is substantially unsatisfactory and not in substantial accordance with the plans and specifications or that the subcontractor is substantially delaying or disrupting the progress of the work.

(8) When the disclosed subcontractor is ineligible to work on a public improvement contract under applicable statutory provisions.

(9) When the substitution is for good cause. The Construction Contractors Board shall define “good cause” by rule. “Good cause” includes but is not limited to the financial instability of a subcontractor. The definition of “good cause” must reflect the least-cost policy for public improvements established in ORS 279C.305 (Least-cost policy for public improvements) .

(10) When the substitution is reasonably based on the contract alternates chosen by the contracting agency. [2003 c.794 §152; 2007 c.836 §45]

Source: Section 279C.585 — Authority to substitute undisclosed first-tier subcontractor; circumstances; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 276.990 — OR Code / Title 26 / Chapter 276 / Section 276.990
276.990 Penalties
Status: in_force

(1) Subject to ORS 153.022 (Authority of agency to specify rule violation as particular level of violation) , a person who violates any rule lawfully promulgated under this chapter commits a Class A violation.

(2) Any agency or officer of the state having authority to regulate parking may enter into agreements or contracts with any county, city or political subdivision under such terms as the agency or officer considers advisable to prosecute violations of subsection (1) of this section.

(3) Any person who in any way intentionally or maliciously damages or obstructs any water line of the public buildings and grounds or state institution or in any way contaminates or renders the water impure or injurious is guilty of a misdemeanor and shall, upon conviction, be punished as provided in ORS 431.990 (Penalties) for violation of the statutes enumerated therein. [Amended by 1967 c.450 §4; 1969 c.199 §47; 1973 c.663 §1; 1977 c.50 §1; 1977 c.598 §27; 1999 c.1051 §170]

Source: Section 276.990 — Penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 279c.605 — OR Code / Title 26 / Chapter 279c / Section 279c.605
279C.605 Notice of claim
Status: in_force

(1) The notice of claim required by ORS 279C.600 (Right of action on payment bond or public works bond of contractor or subcontractor) must be sent by registered or certified mail or hand delivered no later than 180 days after the day the person last provided labor or furnished materials or 180 days after the worker listed in the notice of claim by the Commissioner of the Bureau of Labor and Industries last provided labor. The notice may be sent or delivered to the contractor or subcontractor at any place the contractor or subcontractor maintains an office or conducts business or at the residence of the contractor or subcontractor.

(2) Notwithstanding subsection (1) of this section, if the claim is for a required contribution to a fund of an employee benefit plan, the notice required by ORS 279C.600 (Right of action on payment bond or public works bond of contractor or subcontractor) must be sent or delivered within 200 days after the employee last provided labor or materials.

(3) The notice must be in writing substantially as follows:

To (here insert the name of the contractor or subcontractor and the name of the public body):

Notice hereby is given that the undersigned (here insert the name of the claimant) has a claim for (here insert a brief description of the labor or materials performed or furnished and the person by whom performed or furnished; if the claim is for other than labor or materials, insert a brief description of the claim) in the sum of (here insert the amount) dollars against the (here insert public works bond or payment bond, as applicable) taken from (here insert the name of the principal and, if known, the surety or sureties upon the public works bond or payment bond) for the work of (here insert a brief description of the work concerning which the public works bond or payment bond was taken). Such material or labor was supplied to (here insert the name of the contractor or subcontractor).

_____________________

(here to be signed)

(4) When notice of claim is given by the commissioner and if the claim includes a worker who is then unidentified, the commissioner shall include in the notice a statement that the claim includes an unidentified worker for whom the commissioner has received information indicating that the worker has not been paid in full at the prevailing rate of wage required by ORS 279C.840 (Payment of prevailing rate of wage) or overtime wages required by ORS 279C.540 (Maximum hours of labor on public contracts) .

(5) The person making the claim or giving the notice shall sign the notice. [2003 c.794 §155; 2005 c.360 §4; 2009 c.160 §1]

Source: Section 279C.605 — Notice of claim , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 279b.215 — OR Code / Title 26 / Chapter 279b / Section 279b.215
279B.215 Brand name or equal specification
Status: in_force

(1) Intentionally left blank —Ed.

(a) A brand name or equal specification may be used when the use of a brand name or equal specification is advantageous to the contracting agency, because the brand name describes the standard of quality, performance, functionality and other characteristics of the product needed by the contracting agency.

(b) The contracting agency is entitled to determine what constitutes a product that is equal or superior to the product specified, and any such determination is final.

(c) Nothing in this subsection may be construed as prohibiting a contracting agency from specifying one or more comparable products as examples of the quality, performance, functionality or other characteristics of the product needed by the contracting agency.

(2) A brand name specification may be prepared and used only if the contracting agency determines for a solicitation or a class of solicitations that only the identified brand name specification will meet the needs of the contracting agency based on one or more of the following written determinations:

(a) That use of a brand name specification is unlikely to encourage favoritism in the awarding of public contracts or substantially diminish competition for public contracts;

(b) That use of a brand name specification would result in substantial cost savings to the contracting agency;

(c) That there is only one manufacturer or seller of the product of the quality, performance or functionality required; or

(d) That efficient utilization of existing goods requires the acquisition of compatible goods or services.

(3) A contracting agency’s use of a brand name specification may be subject to review only as provided in ORS 279B.405 (Protests and judicial review of solicitations) . [2003 c.794 §76; 2005 c.103 §8e]

Source: Section 279B.215 — Brand name or equal specification; brand name specification , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279B.­html (accessed May 26, 2025).
ORS § 279c.300 — OR Code / Title 26 / Chapter 279c / Section 279c.300
279C.300 Policy on competition
Status: in_force

It is the policy of the State of Oregon that public improvement contracts awarded under this chapter must be based on competitive bidding, except as otherwise specifically provided in ORS 279C.335 (Competitive bidding requirement) for exceptions and formal exemptions from competitive bidding requirements. [2003 c.794 §97]

Source: Section 279C.300 — Policy on competition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 276a.209 — OR Code / Title 26 / Chapter 276a / Section 276a.209
276A.209 State Information Technology Operating Fund
Status: in_force

(1) There is established the State Information Technology Operating Fund in the State Treasury, separate and distinct from the General Fund. The moneys in the State Information Technology Operating Fund may be invested as provided in ORS 293.701 (Definitions for ORS 293.701 to 293.857) to 293.857 (Separate accounts for each local government) . Interest earnings on the fund assets must be credited to the fund.

(2) The Director of the Oregon Department of Administrative Services shall deposit into the State Information Technology Operating Fund moneys for enterprise information technology and telecommunications that are appropriated to the Oregon Department of Administrative Services and that are necessary for the State Chief Information Officer to fulfill the duties, implement the functions and exercise the powers imposed upon, transferred to and vested in the State Chief Information Officer under section 1, chapter 807, Oregon Laws 2015.

(3) The State Information Technology Operating Fund consists of:

(a) Moneys deposited into the fund under subsection (2) of this section and ORS 276A.323 (State agency coordination) and 276A.335 (Moneys from federal government and other sources) .

(b) Amounts donated to the fund.

(c) Amounts appropriated or otherwise transferred to the fund by the Legislative Assembly.

(d) Other amounts deposited into the fund from any source.

(4) Amounts in the fund are continuously appropriated to the State Chief Information Officer for the purposes authorized by law. [Formerly 291.041]

Source: Section 276A.209 — State Information Technology Operating Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276A.­html (accessed May 26, 2025).
ORS § 279c.005 — OR Code / Title 26 / Chapter 279c / Section 279c.005
279C.005 Definitions
Status: in_force

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

Source: Section 279C.005 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 276.075 — OR Code / Title 26 / Chapter 276 / Section 276.075
276.075 Public policy of acquiring works of art for state buildings
Status: in_force

The Legislative Assembly recognizes the responsibility of the state to foster culture and the arts and its interest in the development of artists and craftsmen. Further, the Legislative Assembly recognizes that the visual arts contribute to and provide experiences which are conducive to the enrichment and betterment of the social and physical environment. Art has enabled people of all societies better to understand their community and individual lives. Therefore, the Legislative Assembly declares it to be the public policy of this state to expend a portion of expenditures for capital purposes for the acquisition of works of art to be displayed in state buildings. [1975 c.472 §1]

Note: See note under 276.073 (Definitions for ORS 276.073 to 276.090) .

Source: Section 276.075 — Public policy of acquiring works of art for state buildings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 276a.332 — OR Code / Title 26 / Chapter 276a / Section 276a.332
276A.332 Authority of State Chief Information Officer to enter into agreements
Status: in_force

Notwithstanding any other provision of law, the State Chief Information Officer may:

(1) Enter into any agreement, or any configuration of agreements, relating to state cybersecurity with any private entity or unit of government, or with any configuration of private entities and units of government. The subject of agreements entered into under this section may include, but need not be limited to, cybersecurity training and awareness, information technology security assessments and vulnerability testing, cyber disruption and incident response, risk-based remediation measures and application life cycle maintenance.

(2) Include in any agreement entered into under this section any financing mechanisms, including but not limited to the imposition and collection of franchise fees or user fees and the development or use of other revenue sources. [2017 c.513 §5]

Source: Section 276A.332 — Authority of State Chief Information Officer to enter into agreements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276A.­html (accessed May 26, 2025).
ORS § 276.073 — OR Code / Title 26 / Chapter 276 / Section 276.073
276.073 Definitions for ORS 276.073 to 276.090
Status: in_force

As used in ORS 276.073 (Definitions for ORS 276.073 to 276.090) to 276.090 (State agencies to determine art work acquisitions) , unless the context requires otherwise:

(1) “Construction or alteration” does not include:

(a) Any construction, physical plant rehabilitation, improvement or remodeling project which has an estimated cost of less than $100,000.

(b) Indirect construction or alteration costs such as inspection fees, professional services, interest under construction, advertising, furnishings, soil testing, construction permits and legal fees.

(c) Remodeling or renovation projects in which more than 75 percent of the project cost represents improvements to mechanical systems.

(2) “Contracting agency” means any state agency authorized by law to enter into public contracts.

(3) “State building” does not include the following:

(a) Any correctional facility.

(b) Motor pools, heating plants, parking lots, maintenance sheds, highways, bridges, sewers, fishponds, fishways, service facilities at state parks and highway rest areas and similar nonarchitectural structures or improvements. [1977 c.848 §2; 1989 c.978 §1; 1995 c.732 §1]

Note: 276.073 (Definitions for ORS 276.073 to 276.090) to 276.090 (State agencies to determine art work acquisitions) were enacted into law by the Legislative Assembly but were 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 276.073 — Definitions for ORS 276.073 to 276.090 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 279b.240 — OR Code / Title 26 / Chapter 279b / Section 279b.240
279B.240 Exclusion of recycled oils prohibited
Status: in_force

Every contracting agency shall revise its procedures and specifications for the procurement of lubricating oil and industrial oil to eliminate any exclusion of recycled oils and any requirement that oils be manufactured from virgin materials. [2003 c.794 §78]

Source: Section 279B.240 — Exclusion of recycled oils prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279B.­html (accessed May 26, 2025).
ORS § 279b.410 — OR Code / Title 26 / Chapter 279b / Section 279b.410
279B.410 Protests of contract award
Status: in_force

(1) A bidder or proposer may protest the award of a public contract or a notice of intent to award a public contract, whichever occurs first, if:

(a) The bidder or proposer is adversely affected because the bidder or proposer would be eligible to be awarded the public contract in the event that the protest were successful; and

(b) The reason for the protest is that:

(A) All lower bids or higher ranked proposals are nonresponsive;

(B) The contracting agency has failed to conduct the evaluation of proposals in accordance with the criteria or processes described in the solicitation materials;

(C) The contracting agency has abused its discretion in rejecting the protestor’s bid or proposal as nonresponsive; or

(D) The contracting agency’s evaluation of bids or proposals or the contracting agency’s subsequent determination of award is otherwise in violation of this chapter or ORS chapter 279A.

(2) The bidder or proposer shall submit the protest to the contracting agency in writing and shall specify the grounds for the protest to be considered by the contracting agency.

(3) The rules adopted under ORS 279A.065 (Model rules generally) shall establish a reasonable time and manner for protests to be submitted. The contracting agency may not consider late protests.

(4) The contracting agency shall consider and respond in writing to a protest in a timely manner. After the contracting agency issues the response, the bidder or proposer may seek judicial review in the manner provided in ORS 279B.415 (Judicial review of protests of contract award) . [2003 c.794 §85]

Source: Section 279B.410 — Protests of contract award , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279B.­html (accessed May 26, 2025).
ORS § 279c.332 — OR Code / Title 26 / Chapter 279c / Section 279c.332
279C.332 Definitions for ORS 279A.065, 279C.307, 279C.335, 279C.337 and 279C.380
Status: in_force

As used in this section and ORS 279A.065 (Model rules generally) , 279C.307 (Limitations in procurement of personal services) , 279C.335 (Competitive bidding requirement) , 279C.337 (Procurement of constructions manager/general contractor services) and 279C.380 (Performance bond) :

(1) “Affiliate” means a person that, directly or indirectly through one or more intermediaries, controls, is controlled by or is under common control with another person.

(2) “Construction manager/general contractor” means a person that provides construction manager/general contractor services to a contracting agency under a public improvement contract.

(3) Intentionally left blank —Ed.

(a) “Construction manager/general contractor services” means construction-related services that a contracting agency procures by means of an alternative contracting method under ORS 279C.335 (Competitive bidding requirement) and that:

(A) Include a construction manager/general contractor’s:

(i) Functioning as a member of a project team that includes the contracting agency, the architect or engineer that designs the public improvement under a separate contract with the contracting agency and other contractors and consultants; and

(ii) Reviewing and analyzing a design for a public improvement in order to:

(I) Suggest changes in the design that minimize potential errors, delays, unexpected costs and other problems during construction;

(II) Recommend means by which the contracting agency may achieve the functions of the public improvement or a component of the public improvement safely, reliably, efficiently and at the lowest overall cost;

(III) Improve the value and quality of the public improvement; and

(IV) Reduce the time necessary to complete the public improvement; and

(B) May include, depending on the specific terms of the public improvement contract and on whether the contracting agency decides to proceed with construction, a construction manager/general contractor’s:

(i) Devising a schedule for constructing the public improvement;

(ii) Estimating construction, materials, labor and other costs for the public improvement;

(iii) Establishing a fixed price, a guaranteed maximum price or other maximum price;

(iv) Constructing portions of the public improvement and subcontracting portions to other contractors;

(v) Coordinating and overseeing the construction process; or

(vi) Performing other services related to constructing a public improvement in accordance with the terms of the public improvement contract.

(b) “Construction manager/general contractor services” does not include services related to constructing a public improvement under the terms of:

(A) A public improvement contract that a contracting agency awards on the basis of a competitive bidding process that does not require an exemption under ORS 279C.335 (Competitive bidding requirement) ;

(B) A public improvement contract that results from a design-build procurement, as defined in rules the Attorney General or a contracting agency adopts under ORS 279A.065 (Model rules generally) , and that is exempt from the competitive bidding requirement under ORS 279C.335 (Competitive bidding requirement) ;

(C) An energy savings performance contract;

(D) A public improvement contract for a transportation project that:

(i) Is exempt from the competitive bidding requirement under ORS 279C.335 (Competitive bidding requirement) ;

(ii) Requires the contractor to construct the project according to plans and specifications that a design professional provides under a separate contract with the contracting agency and without significant participation from the contractor; and

(iii) The contracting agency awards on the basis of the contracting agency’s evaluation of:

(I) The contractor’s qualifications, the price to perform the work on the project and the amount of time the contractor will take to perform the work; or

(II) The contractor’s qualifications, past experience with similar projects, the price to perform the work on the project and the contractor’s planned approach to the project; or

(E) A public improvement contract that is otherwise exempt or excepted from the competitive bidding requirement under ORS 279C.335 (Competitive bidding requirement) .

(4) “Guaranteed maximum price” means the total price at which a construction manager/general contractor agrees to provide construction manager/general contractor services to a contracting agency in accordance with the terms and conditions and scope of work for a specific public improvement contract and within which are:

(a) All costs the contracting agency agrees to reimburse and all fees the contracting agency agrees to pay for completing the public improvement; and

(b) Any contingent costs, fees or other charges specifically identified in the public improvement contract. [2013 c.522 §2]

Note: 279C.332 (Definitions for ORS 279A.065, 279C.307, 279C.335, 279C.337 and 279C.380) 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.332 — Definitions for ORS 279A.065, 279C.307, 279C.335, 279C.337 and 279C.380 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 276.252 — OR Code / Title 26 / Chapter 276 / Section 276.252
276.252 Sewage system for state institutions and departments
Status: in_force

The Oregon Department of Administrative Services may construct sewage systems for departments located in and near the City of Salem, connect the state sewers with the City of Salem sewer system and enter into a contract with the City of Salem by which the state will contribute its relative proportion of the cost of the sewage disposal plant to be constructed by the City of Salem. The department may enter into a contract with the City of Salem for the use of the sewage disposal plant and provide for the payment to the City of Salem of a reasonable share of the cost of operating the plant. [Amended by 1969 c.199 §39]

Source: Section 276.252 — Sewage system for state institutions and departments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 279c.100 — OR Code / Title 26 / Chapter 279c / Section 279c.100
279C.100 Definitions for ORS 279C.100 to 279C.125
Status: in_force

As used in ORS 279C.100 (Definitions for ORS 279C.100 to 279C.125) to 279C.125 (Architectural, engineering, photogrammetric mapping, transportation planning and land surveying services selection process for local public improvements procured through state agency) :

(1) “Architect” has the meaning given that term in ORS 671.010 (Definitions) .

(2) “Architectural, engineering, photogrammetric mapping, transportation planning or land surveying services” means professional services that are required to be performed by an architect, engineer, photogrammetrist, transportation planner or land surveyor.

(3) “Engineer” means a person who is registered and holds a valid certificate in the practice of engineering in the State of Oregon, as provided under ORS 672.002 (Definitions for ORS 672.002 to 672.325) to 672.325 (Civil penalties) , and includes all terms listed in ORS 672.002 (Definitions for ORS 672.002 to 672.325) (2).

(4) “Land surveyor” means a person who is registered and holds a valid certificate in the practice of land surveying in the State of Oregon, as provided under ORS 672.002 (Definitions for ORS 672.002 to 672.325) to 672.325 (Civil penalties) , and includes all terms listed in ORS 672.002 (Definitions for ORS 672.002 to 672.325) (5).

(5) “Personal services” means the services of a person or persons that are designated by a state contracting agency with procurement authority under ORS 279A.050 (Procurement authority) or a local contracting agency as personal services. “Personal services” includes architectural, engineering, photogrammetric mapping, transportation planning or land surveying services procured under ORS 279C.105 (Contracts for architectural, engineering, photogrammetric mapping, transportation planning or land surveying and related services) or 279C.110 (Selection procedures for consultants to provide services) and related services procured under ORS 279C.120 (Selection procedure for related services) .

(6) “Photogrammetric mapping” has the meaning given that term in ORS 672.002 (Definitions for ORS 672.002 to 672.325) .

(7) “Photogrammetrist” has the meaning given that term in ORS 672.002 (Definitions for ORS 672.002 to 672.325) .

(8) “Related services” means personal services, other than architectural, engineering, photogrammetric mapping, transportation planning or land surveying services, that are related to planning, designing, engineering or overseeing public improvement projects or components of public improvement projects, including but not limited to landscape architectural services, facilities planning services, energy planning services, space planning services, hazardous substances or hazardous waste or toxic substances testing services, cost estimating services, appraising services, material testing services, mechanical system balancing services, commissioning services, project management services, construction management services and owner’s representation services or land-use planning services.

(9) “Transportation planning services” means transportation planning services for projects that require compliance with the National Environmental Policy Act, 42 U.S.C. 4321 et seq. [2003 c.794 §89; 2005 c.103 §10; 2005 c.445 §12; 2011 c.458 §1; 2013 c.196 §20]

Source: Section 279C.100 — Definitions for ORS 279C.100 to 279C.125 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 276.120 — OR Code / Title 26 / Chapter 276 / Section 276.120
276.120 Building and site as investment of investing fund
Status: in_force

Each office building and the site, including leasehold interests therefor, shall represent an investment of the investing funds; and title or leasehold interest shall be vested in the investing funds to the extent that the same is used to pay the cost of acquisition of that office building and site or to the extent of any unrefunded or unpaid balance thereof. The Oregon Department of Administrative Services shall issue the investing agency appropriate evidence of this fact. [1957 c.727 §6; 1975 c.104 §1]

Source: Section 276.120 — Building and site as investment of investing fund; title or leasehold interest of investing fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).