ORS § 279b.033 — OR Code / Title 26 / Chapter 279b / Section 279b.033
279B.033 Contents of cost analysis
Status: in_force

(1) In the cost analysis required under ORS 279B.030 (Demonstration that procurement will cost less than performing service with contracting agency’s own personnel and resources or that performing service is not feasible) , a contracting agency shall:

(a) Estimate the contracting agency’s cost of performing the services, including:

(A) Salary or wage and benefit costs for contracting agency employees who are directly involved in performing the services, including employees who inspect, supervise or monitor the performance of the services.

(B) Material costs, including costs for space, energy, transportation, storage, raw and finished materials, equipment and supplies.

(C) Costs incurred in planning for, training for, starting up, implementing, transporting and delivering the services and costs related to stopping and dismantling a project or operation because the contracting agency intends to procure a limited quantity of services or procure the services within a defined or limited period of time.

(D) Miscellaneous costs related to performing the services. The contracting agency may not include in the cost analysis the contracting agency’s indirect overhead costs for existing salaries or wages and benefits for administrators or for rent, equipment, utilities and materials except to the extent that the costs are attributable solely to performing the services and would not exist unless the contracting agency performs the services.

(b) Estimate the cost a potential contractor would incur in performing the services, including:

(A) Average or actual salary or wage and benefit costs for contractors and employees who:

(i) Work in the industry or business most closely involved in performing the services that the contracting agency intends to procure; and

(ii) Would be necessary and directly involved in performing the services or who would inspect, supervise or monitor the performance of the services;

(B) Material costs, including costs for space, energy, transportation, storage, raw and finished materials, equipment and supplies; and

(C) Miscellaneous costs related to performing the services, including but not limited to reasonably foreseeable fluctuations in the costs for the items identified in this subsection over the expected duration of the procurement.

(2) Intentionally left blank —Ed.

(a) After comparing the difference between the costs estimated as provided in subsection (1)(a) of this section with the costs estimated as provided in subsection (1)(b) of this section, except as provided in paragraph (b) of this subsection, the contracting agency may proceed with the procurement only if the contracting agency would incur more cost in performing the services with the contracting agency’s own personnel and resources than the contracting agency would incur in procuring the services from a contractor. The contracting agency may not proceed with the procurement if the sole reason that the costs estimated in subsection (1)(b) of this section are lower than the costs estimated in subsection (1)(a) of this section is because the costs estimated in subsection (1)(b)(A) of this section are lower than the costs estimated in subsection (1)(a)(A) of this section.

(b) A contracting agency may proceed with a procurement even if the contracting agency determines that the contracting agency would incur less cost in providing the services with the contracting agency’s own personnel and resources if at the time the contracting agency intends to conduct a procurement, the contracting agency lacks personnel and resources that are necessary to perform the services within the time in which the services are required. If the contracting agency conducts a procurement under the conditions described in this paragraph, the contracting agency shall:

(A) Keep a record of the cost analysis and findings that the contracting agency makes for each procurement the contracting agency conducts under this section, along with the basis for the contracting agency’s decision to proceed with the procurement; and

(B) Collect and provide copies of the records described in subparagraph (A) of this paragraph each calendar quarter to the local contract review board, if the contracting agency is a local contracting agency, or to the Emergency Board, if the contracting agency is a state contracting agency.

(c) If the contracting agency is a state contracting agency, in addition to complying with the provisions of paragraph (b) of this subsection the contracting agency shall prepare a request to the Governor for an appropriation and any authority that is necessary for the contracting agency to hire personnel and obtain resources necessary to perform the services that the contracting agency procured under the conditions described in paragraph (b) of this subsection. The request must include a copy of the records that the contracting agency provided to the Emergency Board under paragraph (b)(B) of this subsection.

(3) A cost analysis, record, documentation or determination made under this section is a public record. [2009 c.880 §3]

Source: Section 279B.033 — Contents of cost analysis; conditions under which procurement may proceed; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279B.­html (accessed May 26, 2025).
ORS § 279a.161 — OR Code / Title 26 / Chapter 279a / Section 279a.161
279A.161 Review and verification of advice and recommendations concerning procurements
Status: in_force

(1) Before a state contracting agency executes a public contract with a contract price that exceeds $150,000, the director or other head of the state contracting agency shall review, and shall verify that the person that will administer the public contract for the state contracting agency has read and understands, all advice and recommendations that the Oregon Department of Administrative Services, the Department of Justice or other legal counsel gave to the state contracting agency with respect to the public contract and the procurement that resulted in the public contract. The director or other head of the state contracting agency shall sign and retain in the state contracting agency’s records a statement that acknowledges that the director or other head of the state contracting agency reviewed the advice and recommendations and made the verification described in this subsection.

(2) The director or other head of a state contracting agency that enters into more than 12 public contracts during a calendar year may delegate to a qualified employee of the state contracting agency all or a portion of the duties the director or other head of the state contracting agency has under subsection (1) of this section. [2015 c.646 §4]

Source: Section 279A.161 — Review and verification of advice and recommendations concerning procurements; delegation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279A.­html (accessed May 26, 2025).
ORS § 276.905 — OR Code / Title 26 / Chapter 276 / Section 276.905
276.905 Definitions for ORS 276.900 to 276.915
Status: in_force

As used in ORS 276.900 (Policy) to 276.915 (Energy design requirements) , unless the context requires otherwise:

(1) “Alternative energy system” means an environmentally sound energy system that uses power derived from renewable resources including, but not limited to, the sun, wind, geothermal sources and heat recovery.

(2) “Authorized state agency” means a state agency, board, commission, department or division that is authorized to finance the construction, purchase or renovation of a facility that is or will be used by the State of Oregon.

(3) “Cost-effective” means that an energy resource, facility or conservation measure during its life cycle results in delivered power costs to the ultimate consumer no greater than the comparable incremental cost of the least cost alternative new energy resource, facility or conservation measure. Cost comparison shall include, but need not be limited to:

(a) Cost escalations and future availability of fuels;

(b) Waste disposal and decommissioning costs;

(c) Transmission and distribution costs;

(d) Geographic, climatic and other differences in the state; and

(e) Environmental impact.

(4) “Energy conservation measure” means a measure primarily designed to reduce the use of energy resources in a facility.

(5) “Energy consumption analysis” means the evaluation of all energy systems and components by demand and type of energy including the internal energy load imposed on a major facility by its occupants, equipment and components and the external energy load imposed on a major facility by the climatic conditions of its location. “Energy consumption analysis” includes, but is not limited to:

(a) The comparison of a range of alternatives that is likely to include all reasonable, cost-effective energy conservation measures and alternative energy systems;

(b) The simulation of each system over the entire range of operation of a major facility for a year’s operating period;

(c) The evaluation of energy consumption of component equipment in each system considering the operation of such components at other than full or rated outputs; and

(d) The consideration of alternative energy systems.

(6) “Energy savings performance contract” has the meaning given that term in ORS 279A.010 (Definitions for Public Contracting Code) .

(7) “Energy systems” means all utilities, including but not limited to heating, cooling, ventilation, lighting and the supply of domestic hot water.

(8) “Facility” means a building or other structure owned or controlled by an authorized state agency that is used or occupied by employees of the authorized state agency or that is used for conducting public business.

(9) “Major facility” means a facility that has 10,000 square feet or more of usable floor space.

(10) “Renovation” means an addition to, alteration of or repair of a facility that adds to or alters the facility’s energy systems, provided that the affected energy systems account for 50 percent or more of the facility’s total energy use. [1979 c.734 §2; 1987 c.320 §155; 1989 c.556 §2; 2001 c.683 §2; 2008 c.26 §2]

Note: See note under 276.900 (Policy) .

Source: Section 276.905 — Definitions for ORS 276.900 to 276.915 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 279c.534 — OR Code / Title 26 / Chapter 279c / Section 279c.534
279C.534 Advisory committee for monitoring implementation of apprenticeship condition in public improvement contracts
Status: in_force

(1) The Bureau of Labor and Industries shall establish and provide staffing for an advisory committee to monitor the implementation of, to advise state contracting agencies on compliance with, and to advise the Legislative Assembly on changes needed for better implementation of the requirements set forth in ORS 279C.533 (Minimum hours and pay for apprentices employed on public improvements) .

(2) The advisory committee consists of six members appointed by the Governor for a term of four years, with equal representation from construction contractors that have completed public improvement contracts for the state, or from an association of construction contractors, and from workers who have performed labor on public improvement contracts for the state, or from labor organizations that represent the workers. The Governor may reappoint a member.

(3) The advisory committee may:

(a) Request reports from state contracting agencies concerning compliance with ORS 279C.533 (Minimum hours and pay for apprentices employed on public improvements) , either regularly or in instances when the advisory committee believes a state contracting agency has failed to comply;

(b) Conduct inspections of public improvement contract project sites to determine how state contracting agencies and contractors have implemented the requirements of ORS 279C.533 (Minimum hours and pay for apprentices employed on public improvements) ; and

(c) Make recommendations to the Commissioner of the Bureau of Labor and Industries concerning changes that the advisory committee believes necessary to better implement the requirements of ORS 279C.533 (Minimum hours and pay for apprentices employed on public improvements) .

(4) A majority of the members of the advisory committee constitutes a quorum for transacting business and a majority of the members of the advisory committee must approve any official action.

(5) The Governor shall appoint a member to replace any member that leaves a vacancy on the advisory committee. The appointment is immediately effective.

(6) The advisory committee shall meet at least once each calendar quarter and may adopt procedures necessary to carry out the committee’s functions.

(7) Members of the advisory committee are not entitled to compensation, but may be reimbursed for actual and necessary travel and other expenses the members incur in performing the members’ official duties. The Bureau of Labor and Industries shall pay the expenses out of funds appropriated to the bureau for the advisory committee. [2017 c.416 §4]

Note: 279C.534 (Advisory committee for monitoring implementation of apprenticeship condition in public improvement contracts) 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.534 — Advisory committee for monitoring implementation of apprenticeship condition in public improvement contracts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 279b.425 — OR Code / Title 26 / Chapter 279b / Section 279b.425
279B.425 Review of prequalification and debarment decisions
Status: in_force

(1) The procedure for appeal from the denial, revocation or revision of a prequalification under ORS 279B.125 (Application for prequalification) , or from a debarment under ORS 279B.130 (Debarment of prospective bidders and proposers) , shall be in accordance with this section and is not subject to ORS chapter 183 except when specifically provided by this section.

(2) Upon receipt of a notice from a contracting agency of a prequalification decision under ORS 279B.125 (Application for prequalification) or of a decision to debar under ORS 279B.130 (Debarment of prospective bidders and proposers) , a prospective bidder or proposer that wishes to appeal the decision shall, within three business days after receipt of the notice, notify the contracting agency that the prospective bidder or proposer appeals the decision as provided in this section.

(3) Immediately upon receipt of the prospective bidder’s or proposer’s notice of appeal, the contracting agency shall:

(a) If the contracting agency is a state contracting agency, notify the Director of the Oregon Department of Administrative Services.

(b) If the contracting agency is a local contracting agency, notify the appropriate local contract review board.

(4) Upon the receipt of notice from the contracting agency under subsection (3) of this section, the director or board shall promptly notify the person appealing and the contracting agency of the time and place of the hearing. The director or board shall conduct the hearing and decide the appeal within 30 days after receiving the notice from the contracting agency. The director or board shall set forth in writing the reasons for the hearing decision.

(5) At the hearing the director or board shall consider de novo the notice of denial, revocation or revision of a prequalification or the notice of debarment, the standards of responsibility listed in ORS 279B.110 (Responsibility of bidders and proposers) (2) on which the contracting agency based the denial, revocation or revision of the prequalification or the reasons listed in ORS 279B.130 (Debarment of prospective bidders and proposers) (2) on which the contracting agency based the debarment, and any evidence provided by the parties. In all other respects, a hearing before the director shall be conducted in the same manner as a contested case under ORS 183.417 (Procedure in contested case hearing) (1) to (4) and (7), 183.425 (Depositions or subpoena of material witness) , 183.440 (Subpoenas in contested cases) , 183.450 (Evidence in contested cases) and 183.452 (Representation of agencies at contested case hearings) . Hearings before a board shall be conducted under rules of procedure adopted by the board.

(6) The director or board may allocate the director’s or board’s costs for the hearing between the person appealing and the contracting agency whose prequalification or debarment decision is being appealed. The allocation shall be based upon facts found by the director or board and stated in the final order that, in the director’s or board’s opinion, warrant such allocation of costs. If the final order does not allocate the costs for the hearing, the costs shall be paid as follows:

(a) If the decision to deny, revoke or revise a prequalification of a person as a bidder or the decision to debar a person is upheld, the costs shall be paid by the person appealing the decision.

(b) If the decision to deny, revoke or revise a prequalification of a person as a bidder or the decision to debar a person is reversed, the costs shall be paid by the contracting agency whose prequalification or debarment decision is the subject of the appeal.

(7) A decision of the director or board may be reviewed only upon a petition, filed within 15 days after the date of the decision, in the circuit court of the county in which the director or board has its principal office. The circuit court shall reverse or modify the decision only if it finds:

(a) The decision was obtained through corruption, fraud or undue means;

(b) There was evident partiality or corruption that operated to the substantial prejudice of the petitioner on the part of the director or board or any of the board’s members; or

(c) There was an evident material miscalculation of figures or an evident material mistake in the description of any person, thing or property referred to in the decision, and the miscalculation or mistake operated to the substantial prejudice of the petitioner.

(8) The procedure provided in this section is the exclusive means of judicial review of the decision of the director or board. The judicial review provisions of ORS 183.480 (Judicial review of agency orders) and writs of review and mandamus as provided in ORS chapter 34, and other legal, declaratory and injunctive remedies, are not available.

(9) The circuit court may stay the letting of the contract that is the subject of the petition in the same manner as a suit in equity. When the court determines that there has been an improper debarment or denial, revocation or revision of a prequalification and the contract has been let, the court may proceed to take evidence to determine the damages, if any, suffered by the petitioner and may award such damages as the court may find as a judgment against the director or board. The court may award costs and attorney fees to the prevailing party. [2003 c.794 §87; 2007 c.288 §12]

Source: Section 279B.425 — Review of prequalification and debarment decisions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279B.­html (accessed May 26, 2025).
ORS § 283.089 — OR Code / Title 26 / Chapter 283 / Section 283.089
283.089 Authority of Director of Oregon Department of Administrative Services regarding financing agreements
Status: in_force

(1) The Director of the Oregon Department of Administrative Services may:

(a) Enter into agreements with trustees to hold financing agreement proceeds, payments and reserves as security for lenders, and to issue certificates of participation in the right to receive payments due from the state under a financing agreement. The trustee shall invest amounts held by the trustee at the direction of the State Treasurer. Interest earned on any investments held by a trustee as security for a financing agreement, at the option of the director, may be credited to the accounts held by the trustee and applied in payment of sums due under a financing agreement.

(b) Enter into credit enhancement agreements for financing agreements or certificates of participation, provided that amounts due under credit enhancement agreements are payable solely from available funds and amounts received from the exercise of property rights granted under the financing agreements.

(c) Use the gross proceeds of financing agreements for the purposes described in ORS 283.085 (Definitions for ORS 283.085 to 283.092) (3) and to pay the costs of reserves, credit enhancements and other costs associated with issuing, administering and maintaining the financing.

(d) Use a single financing agreement to finance property to be used by multiple state agencies.

(e) Subject to ORS 283.087 (Financing agreements) (2)(b), grant leases of real property with a trustee or lender. The leases may be for a term that ends on the date on which all amounts due under a financing agreement have been paid or provision for payment has been made, or 10 years after the last scheduled payment under a financing agreement, whichever is later. The leases may grant the trustee or lender the right to evict the state and exclude it from possession of the real property for the term of the lease if the state fails to pay when due the amounts scheduled to be paid under a financing agreement or otherwise defaults under a financing agreement. Upon default, the trustee or lender may sublease the real property to third parties and apply any rentals toward payments scheduled to be made under a financing agreement.

(f) Subject to ORS 283.087 (Financing agreements) (2)(b), grant security interests in personal property to trustees or lenders. The security interests attach and are perfected on the date the state takes possession of the personal property, or the date the lender advances money under a financing agreement, whichever is later. A security interest authorized by this section has priority over all other liens and claims. Upon default, the secured party has the rights and remedies available to a secured party under ORS chapter 79 for a first, perfected security interest in goods and fixtures. Within 10 days after a security interest authorized by this section attaches, the state shall cause a financing statement for the security interest to be filed with the Secretary of State in the same manner as financing statements are filed for goods. However, failure to file the statement does not affect the perfection of the security interest.

(g) Pledge for the benefit of trustees and lenders any amounts that are deposited with a trustee in accordance with a financing agreement. The pledge is valid and binding from the time it is made. Amounts pledged are subject to the lien of the pledge immediately without filing, physical delivery or other act. The lien of the pledge is superior to all other claims and liens of any kind whatsoever.

(h) Bill any state agency that benefits from a financing agreement for an appropriate share of the financing costs on a monthly or other periodic basis, and deposit payments received in connection with the billings with a trustee as security for a financing agreement. Any state agency receiving such a bill shall pay the amounts billed from the first amounts legally available to it. The director shall allocate in appropriate shares the financing costs of a financing agreement entered into for the purpose described in ORS 283.085 (Definitions for ORS 283.085 to 283.092) (3)(d) among all state agencies based on their payroll costs.

(i) Purchase fire and extended coverage or other casualty insurance for property acquired or refinanced with proceeds of a financing agreement, assign the proceeds of the insurance to a lender or trustee to the extent of their interest and covenant to maintain the insurance while the financing agreement is unpaid, so long as available funds are sufficient to purchase the insurance.

(2) As used in this section, “state agency” has the meaning given that term in ORS 286A.730 (Definitions for ORS 286A.730 to 286A.750) . [1989 c.1032 §3; 2001 c.445 §170; 2003 c.746 §11; 2007 c.783 §95a; 2013 c.767 §5]

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

Source: Section 283.089 — Authority of Director of Oregon Department of Administrative Services regarding financing agreements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors283.­html (accessed May 26, 2025).
ORS § 278.130 — OR Code / Title 26 / Chapter 278 / Section 278.130
278.130 Employment of staff assistance
Status: in_force

The Oregon Department of Administrative Services may employ such professional services and other personnel deemed necessary, other than defense counsel, to carry out the administration of this chapter and ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.290 (Settlement of claims by local public body) and 278.322 (Child care facility liability insurance coverage) . The Attorney General may employ defense counsel and shall charge the department for the cost of the services of the defense counsel and the Attorney General required under these statutes, and such costs and the costs incurred by the department in the administration of these statutes shall be paid out of the Insurance Fund. [1975 c.609 §8; 1981 c.109 §18; 1985 c.731 §16; 1993 c.500 §27]

Source: Section 278.130 — Employment of staff assistance; payment for services by Attorney General , https://www.­oregonlegislature.­gov/bills_laws/ors/ors278.­html (accessed May 26, 2025).
ORS § 279c.836 — OR Code / Title 26 / Chapter 279c / Section 279c.836
279C.836 Public works bond
Status: in_force

(1) Except as provided in subsection (4), (7), (8) or (9) of this section, before starting work on a contract or subcontract for a public works project, a contractor or subcontractor shall file with the Construction Contractors Board a public works bond with a corporate surety authorized to do business in this state in the amount of $30,000. The bond must provide that the contractor or subcontractor will pay claims ordered by the Bureau of Labor and Industries to workers performing labor upon public works projects. The bond must be a continuing obligation, and the surety’s liability for the aggregate of claims that may be payable from the bond may not exceed the penal sum of the bond. The bond must remain in effect continuously until depleted by claims paid under this section, unless the surety sooner cancels the bond. The surety may cancel the bond by giving 30 days’ written notice to the contractor or subcontractor, to the board and to the Bureau of Labor and Industries. Canceling the bond relieves the surety of further liability for work performed on contracts entered into after the cancellation. The cancellation does not limit the surety’s liability for work performed on contracts entered into before the cancellation.

(2) Before permitting a subcontractor to start work on a public works project, the contractor shall verify that the subcontractor has filed a public works bond as required under this section, has elected not to file a public works bond under subsection (7) or (8) of this section or is exempt under subsection (4) or (9) of this section.

(3) This section does not require a contractor or subcontractor to file a separate public works bond for each public works project for which the contractor or subcontractor has a contract.

(4) This section does not require a person that is not required under ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage) to pay prevailing rates of wage on a public works project to file a public works bond under this section.

(5) A public works bond required by this section is in addition to any other bond the contractor or subcontractor is required to obtain.

(6) The board may, by rule, require a contractor or subcontractor to obtain a new public works bond if a surety pays a claim out of an existing public works bond. The new bond must be in the amount of $30,000. The board may allow a contractor or subcontractor to obtain, instead of a new bond, a certification that the surety remains liable for the full penal sum of the existing bond, notwithstanding payment by the surety on the claim.

(7) Intentionally left blank —Ed.

(a) A disadvantaged business enterprise, a minority-owned business, a woman-owned business, a veteran-owned business or an emerging small business certified under ORS 200.055 (Certification as disadvantaged business enterprise, minority-owned business, woman-owned business, veteran-owned business or emerging small business) may, for up to four years after certification, elect not to file a public works bond as required under subsection (1) this section. If an enterprise or a business elects not to file a public works bond, the enterprise or business shall give the board written verification of the certification and written notice that the enterprise or business elects not to file the bond.

(b) Notwithstanding paragraph (a) of this subsection, if the Commissioner of the Bureau of Labor and Industries finds that an enterprise or a business has violated a provision of ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage) or an administrative rule adopted under ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage) , the enterprise or business must file a public works bond in accordance with subsection (1) of this section.

(c) An enterprise or a business that elects not to file a public works bond under this subsection shall notify the public agency for whose benefit the contract was awarded or, if the enterprise or business is a subcontractor, the contractor of the election before starting work on a public works project. If an enterprise or a business elects not to file a public works bond under this subsection, a claim for unpaid wages may be made against the payment bond of the enterprise or business or, if the enterprise or business is a subcontractor, the payment bond of the contractor.

(d) An election not to file a public works bond expires four years after the date the enterprise or business is certified. After an election has expired and before starting or continuing work on a contract or subcontract for a public works project, the enterprise or business shall file a public works bond with the board in accordance with subsection (1) of this section.

(8) A contractor or subcontractor may elect not to file the public works bond required under subsection (1) of this section for any public works project for which the contract price does not exceed $100,000.

(9) In cases of emergency, or if the interest or property of the public agency for whose benefit the contract was awarded probably would suffer material injury by delay or other cause, the requirement for filing a public works bond may be excused, if a declaration of the emergency is made in accordance with rules adopted under ORS 279A.065 (Model rules generally) .

(10) The board shall make available on a searchable public website information concerning public works bonds filed with the board, claims made on those bonds, elections made by certified business enterprises not to file those bonds and the expiration date of each election. The board may adopt rules necessary to perform the duties required of the board by this section.

(11) The commissioner, with approval of the board, shall adopt rules that establish language for public works bonds. [2005 c.360 §2; 2007 c.415 §1; 2007 c.764 §38; 2015 c.565 §16; 2017 c.334 §3; 2023 c.497 §16]

Source: Section 279C.836 — Public works bond; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 279b.055 — OR Code / Title 26 / Chapter 279b / Section 279b.055
279B.055 Competitive sealed bidding
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 invitation to bid, by competitive sealed bidding.

(2) The contracting agency shall issue an invitation to bid, which must:

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

(b) Specify the name and title of the person designated to receive bids 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 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 bidders 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 bids 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 invitation to bid.

(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 invitation to bid 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) Intentionally left blank —Ed.

(a) The contracting agency may require bid security if the contracting agency determines that bid security is reasonably necessary or prudent to protect the interests of the contracting agency.

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

(c) The contracting agency shall retain the bid security if a bidder 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 bidder that is necessary to form a contract in accordance with the invitation to bid, including posting performance security and submitting proof of insurance when the invitation to bid requires the submission.

(4) Intentionally left blank —Ed.

(a) The contracting agency shall give public notice of an invitation to bid issued under this section. Public notice is intended to foster competition among prospective bidders. The contracting agency shall make invitations to bid available to prospective bidders.

(b) A public notice must be published at least once in at least one newspaper of general circulation in the area where the contract is to be performed and in as many additional issues and publications as the contracting agency may determine.

(c) The Director of the Oregon Department of Administrative Services or a local contract review board may, by rule or order, authorize public notice of bids or proposals to be published electronically instead of in a newspaper of general circulation if the director or board determines that electronically providing public notice of bids or proposals is likely to be cost-effective.

(d) In addition to the modes of publication authorized by paragraphs (b) and (c) of this subsection, the contracting agency may use any other medium reasonably calculated to reach prospective bidders or proposers.

(e) Rules adopted under ORS 279A.065 (Model rules generally) must prescribe the requirements for providing public notice of solicitations.

(f) Unless otherwise specified in rules adopted under ORS 279A.065 (Model rules generally) , the contracting agency shall give public notice at least seven days before the solicitation closing date.

(5) Intentionally left blank —Ed.

(a) The contracting agency shall open bids publicly at the time, date and place designated in the invitation to bid. When authorized by, and in accordance with, rules adopted under ORS 279A.065 (Model rules generally) , bids may be submitted, received and opened through electronic means.

(b) The contracting agency shall record the amount of a bid, the name of the bidder and other relevant information specified by rule adopted under ORS 279A.065 (Model rules generally) . The record shall be open to public inspection.

(c) Notwithstanding a requirement to make bids 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 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 bid.

(6) Intentionally left blank —Ed.

(a) The contracting agency shall evaluate all bids that are received before the time and date indicated for bid opening in the invitation to bid. The contracting agency shall evaluate the bids based on the requirements set forth in the invitation to bid. The requirements may include, in addition to the information described in subsection (2) of this section, criteria to determine minimum acceptability, such as inspection, testing, quality and suitability for intended use or purpose. Criteria that will affect the bid price and will be considered in evaluation for award including, but not limited to, discounts, transportation costs and total costs of ownership or operation of a product over the life of the product must be objectively measurable. The invitation to bid must set forth the evaluation criteria to be used. No criteria may be used in a bid evaluation that are not set forth in the invitation to bid or in a qualified products list maintained under ORS 279B.115 (Qualified products lists) . The contracting agency may not consider for award bids received after the time and date indicated for bid opening in the invitation to bid. The contracting agency may retain bids or copies of bids received after the bid time and date indicated in the invitation to bid.

(b) The contracting agency shall, for the purpose of evaluating bids, apply any applicable preference described in ORS 279A.120 (Preference for Oregon goods and services) , 279A.125 (Preference for recycled materials) or 282.210 (Performance within state of public printing, binding and stationery work) .

(7) Rules adopted under ORS 279A.065 (Model rules generally) must provide for and regulate the correction and withdrawal of bids before and after bid opening and the cancellation of awards or contracts based on bid mistakes. After bid opening, changes in bids prejudicial to the interests of the public or fair competition are not permitted. A contracting agency that permits a bidder to correct or withdraw a bid or that cancels an award or a contract based on bid mistakes, shall support the decision with a written determination that states the reasons for the action taken.

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

(9) The contracting agency shall, in accordance with ORS 279B.135 (Notice of intent to award) , issue to each bidder or shall post, electronically or otherwise, a notice of intent to award.

(10) If a contracting agency awards a contract, the contracting agency shall award the contract:

(a) To the lowest responsible bidder whose bid substantially complies with the requirements and criteria set forth in the invitation to bid and with all prescribed public procurement procedures and requirements; or

(b) If the invitation to bid specifies or authorizes the award of multiple contracts, to the responsible bidders:

(A) Whose bids substantially comply with the requirements and criteria set forth in the invitation to bid and with all prescribed public procurement procedures and requirements; and

(B) Who qualify for the award of a public contract under the terms of the invitation to bid.

(11) The successful bidder shall promptly execute a contract. The successful bidder’s duty to promptly execute a contract includes the duty to take all action that is necessary to form a contract in accordance with the invitation to bid, including posting performance security, submitting proof of insurance when the invitation to bid requires the submission and agreeing to perform the scope of work and meet the performance standards set forth in the invitation to bid.

(12) If a contracting agency determines that preparing a procurement description to support an award based on price is impractical, the contracting agency may issue a multistep invitation to bid that requests bidders to submit unpriced submittals, and then later issue an invitation to bid limited to the bidders that the contracting agency officer has determined are eligible to submit a priced bid under the criteria set forth in the initial solicitation of unpriced submittals.

(13) The contracting agency may issue a request for information, a request for interest or other preliminary documents to obtain information useful in preparing an invitation to bid. [2003 c.794 §51; 2009 c.880 §5]

Source: Section 279B.055 — Competitive sealed bidding , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279B.­html (accessed May 26, 2025).
ORS § 280.482 — OR Code / Title 26 / Chapter 280 / Section 280.482
280.482 Report required
Status: in_force

A city shall report to the Oregon Housing Stability Council and the Legislative Assembly, not later than February 1 of each odd-numbered year on the disposition within that city of the proceeds of bonds issued for the purposes of making mortgage loans under ORS 280.425 (City powers concerning property) (3) and 280.430 (Contractual powers of city) (5). The report shall, as a minimum, identify the population, income levels and areas served by the housing program, the length of residence in dwellings purchased under the program and the degree to which the city considers the program’s initial objectives have been achieved. The report shall be reviewed by the Oregon Housing Stability Council and the council shall make its comments on the report known to the city and the Legislative Assembly. [1979 c.865 §7; 2003 c.286 §9; 2015 c.180 §41]

Source: Section 280.482 — Report required; contents , https://www.­oregonlegislature.­gov/bills_laws/ors/ors280.­html (accessed May 26, 2025).
ORS § 279a.010 — OR Code / Title 26 / Chapter 279a / Section 279a.010
279A.010 Definitions for Public Contracting Code
Status: in_force

(1) As used in the Public Contracting Code, unless the context or a specifically applicable definition requires otherwise:

(a) “Bidder” means a person that submits a bid in response to an invitation to bid.

(b) “Contracting agency” means a public body authorized by law to conduct a procurement. “Contracting agency” includes, but is not limited to, the Director of the Oregon Department of Administrative Services and any person authorized by a contracting agency to conduct a procurement on the contracting agency’s behalf. “Contracting agency” does not include the judicial department or the legislative department.

(c) “Days” means calendar days.

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

(e) “Director” means the Director of the Oregon Department of Administrative Services or a person designated by the director to carry out the authority of the director under the Public Contracting Code.

(f) “Emergency” means circumstances that:

(A) Could not have been reasonably foreseen;

(B) Create a substantial risk of loss, damage or interruption of services or a substantial threat to property, public health, welfare or safety; and

(C) Require prompt execution of a contract to remedy the condition.

(g) “Energy savings performance contract” means a public contract between a contracting agency and a qualified energy service company for the identification, evaluation, recommendation, design and construction of energy conservation measures, including a design-build contract, that guarantee energy savings or performance.

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

(i) “Goods” includes supplies, equipment, materials, personal property, including any tangible, intangible and intellectual property and rights and licenses in relation thereto, and combinations of any of the items identified in this paragraph.

(j) “Goods and services” or “goods or services” includes combinations of any of the items identified in the definitions of “goods” and “services.”

(k) Intentionally left blank —Ed.

(A) “Grant” means:

(i) An agreement under which a contracting agency receives moneys, property or other assistance, including but not limited to federal assistance that is characterized as a grant by federal law or regulations, loans, loan guarantees, credit enhancements, gifts, bequests, commodities or other assets, from a grantor for the purpose of supporting or stimulating a program or activity of the contracting agency and in which no substantial involvement by the grantor is anticipated in the program or activity other than involvement associated with monitoring compliance with the grant conditions; or

(ii) An agreement under which a contracting agency provides moneys, property or other assistance, including but not limited to federal assistance that is characterized as a grant by federal law or regulations, loans, loan guarantees, credit enhancements, gifts, bequests, commodities or other assets, to a recipient for the purpose of supporting or stimulating a program or activity of the recipient and in which no substantial involvement by the contracting agency is anticipated in the program or activity other than involvement associated with monitoring compliance with the grant conditions.

(B) “Grant” does not include a public contract for a public improvement, for public works, as defined in ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) , or for emergency work, minor alterations or ordinary repair or maintenance necessary to preserve a public improvement, when under the public contract a contracting agency pays, in consideration for contract performance intended to realize or to support the realization of the purposes for which grant funds were provided to the contracting agency, moneys that the contracting agency has received under a grant.

(L) “Industrial oil” means any compressor, turbine or bearing oil, hydraulic oil, metal-working oil or refrigeration oil.

(m) “Judicial department” has the meaning given that term in ORS 174.113 (“Judicial department” defined) .

(n) “Legislative department” has the meaning given that term in ORS 174.114 (“Legislative department” defined) .

(o) “Local contract review board” means a local contract review board described in ORS 279A.060 (Local contract review boards) .

(p) “Local contracting agency” means a local government or special government body authorized by law to conduct a procurement. “Local contracting agency” includes any person authorized by a local contracting agency to conduct a procurement on behalf of the local contracting agency.

(q) “Local government” has the meaning given that term in ORS 174.116 (“Local government” and “local service district” defined) .

(r) “Lowest responsible bidder” means the lowest bidder who:

(A) Has substantially complied with all prescribed public contracting procedures and requirements;

(B) Has met the standards of responsibility set forth in ORS 279B.110 (Responsibility of bidders and proposers) or 279C.375 (Award and execution of contract) ;

(C) Has not been debarred or disqualified by the contracting agency under ORS 279B.130 (Debarment of prospective bidders and proposers) or 279C.440 (Disqualification from consideration for award of contracts) ; and

(D) If the advertised contract is a public improvement contract, is not on the list created by the Construction Contractors Board under ORS 701.227 (Disqualification from eligibility for certain public contracts) .

(s) “Lubricating oil” means any oil intended for use in an internal combustion crankcase, transmission, gearbox or differential or an automobile, bus, truck, vessel, plane, train, heavy equipment or machinery powered by an internal combustion engine.

(t) “Person” means a natural person capable of being legally bound, a sole proprietorship, a corporation, a partnership, a limited liability company or partnership, a limited partnership, a for-profit or nonprofit unincorporated association, a business trust, two or more persons having a joint or common economic interest, any other person with legal capacity to contract or a public body.

(u) “Post-consumer waste” means a finished material that would normally be disposed of as solid waste, having completed its life cycle as a consumer item. “Post-consumer waste” does not include manufacturing waste.

(v) “Price agreement” means a public contract for the procurement of goods or services at a set price with:

(A) No guarantee of a minimum or maximum purchase; or

(B) An initial order or minimum purchase combined with a continuing contractor obligation to provide goods or services in which the contracting agency does not guarantee a minimum or maximum additional purchase.

(w) “Procurement” means the act of purchasing, leasing, renting or otherwise acquiring goods or services. “Procurement” includes each function and procedure undertaken or required to be undertaken by a contracting agency to enter into a public contract, administer a public contract and obtain the performance of a public contract under the Public Contracting Code.

(x) “Proposer” means a person that submits a proposal in response to a request for proposals.

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

(z) “Public contract” means a sale or other disposal, or a purchase, lease, rental or other acquisition, by a contracting agency of personal property, services, including personal services, public improvements, public works, minor alterations, or ordinary repair or maintenance necessary to preserve a public improvement. “Public contract” does not include grants.

(aa) “Public contracting” means procurement activities described in the Public Contracting Code relating to obtaining, modifying or administering public contracts or price agreements.

(bb) “Public Contracting Code” or “code” means ORS chapters 279A, 279B and 279C.

(cc) “Public improvement” means a project for construction, reconstruction or major renovation on real property by or for a contracting agency. “Public improvement” does not include:

(A) Projects for which no funds of a contracting agency are directly or indirectly used, except for participation that is incidental or related primarily to project design or inspection; or

(B) Emergency work, minor alteration, ordinary repair or maintenance necessary to preserve a public improvement.

(dd) “Public improvement contract” means a public contract for a public improvement. “Public improvement contract” does not include a public contract for emergency work, minor alterations, or ordinary repair or maintenance necessary to preserve a public improvement.

(ee) “Recycled material” means any material that would otherwise be a useless, unwanted or discarded material except for the fact that the material still has useful physical or chemical properties after serving a specific purpose and can, therefore, be reused or recycled.

(ff) “Recycled oil” means used oil that has been prepared for reuse as a petroleum product by refining, rerefining, reclaiming, reprocessing or other means, provided that the preparation or use is operationally safe, environmentally sound and complies with all laws and regulations.

(gg) “Recycled paper” means a paper product with not less than:

(A) Fifty percent of its fiber weight consisting of secondary waste materials; or

(B) Twenty-five percent of its fiber weight consisting of post-consumer waste.

(hh) “Recycled PETE” means post-consumer polyethylene terephthalate material.

(ii) “Recycled product” means all materials, goods and supplies, not less than 50 percent of the total weight of which consists of secondary and post-consumer waste with not less than 10 percent of its total weight consisting of post-consumer waste. “Recycled product” includes any product that could have been disposed of as solid waste, having completed its life cycle as a consumer item, but otherwise is refurbished for reuse without substantial alteration of the product’s form.

(jj) “Secondary waste materials” means fragments of products or finished products of a manufacturing process that has converted a virgin resource into a commodity of real economic value. “Secondary waste materials” includes post-consumer waste. “Secondary waste materials” does not include excess virgin resources of the manufacturing process. For paper, “secondary waste materials” does not include fibrous waste generated during the manufacturing process such as fibers recovered from waste water or trimmings of paper machine rolls, mill broke, wood slabs, chips, sawdust or other wood residue from a manufacturing process.

(kk) “Services” mean services other than personal services designated under ORS 279A.055 (Personal services contracts) , except that, for state contracting agencies with procurement authority under ORS 279A.050 (Procurement authority) or 279A.140 (State procurement of goods and services) , “services” includes personal services as designated by the state contracting agencies.

(LL) “Special government body” has the meaning given that term in ORS 174.117 (“Special government body” defined) .

(mm) “State agency” means the executive department, except the Secretary of State and the State Treasurer in the performance of the duties of their constitutional offices.

(nn) “State contracting agency” means an executive department entity authorized by law to conduct a procurement.

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

(pp) “Used oil” has the meaning given that term in ORS 459A.555 (Definitions for ORS 459A.552 to 459A.599) .

(qq) “Virgin oil” means oil that has been refined from crude oil and that has not been used or contaminated with impurities.

(2) Other definitions appearing in the Public Contracting Code and the sections in which they appear are:

(a) “Administering contracting

agency” ORS 279A.200 (Definitions for ORS 279A.200 to 279A.225)

(b) “Affirmative action” ORS 279A.100 (Affirmative action)

(c) “Architect” ORS 279C.100 (Definitions for ORS 279C.100 to 279C.125)

(d) “Architectural,

engineering, photogram-

metric mapping,

transportation planning

or land surveying

services” ORS 279C.100 (Definitions for ORS 279C.100 to 279C.125)

(e) “Bid documents” ORS 279C.400 (Competitive proposals)

(f) “Bidder” ORS 279B.415 (Judicial review of protests of contract award)

(g) “Bids” ORS 279C.400 (Competitive proposals)

(h) “Brand name” ORS 279B.405 (Protests and judicial review of solicitations)

(i) “Brand name or equal

specification” ORS 279B.200 (Definitions for ORS 279B.200 to 279B.240)

(j) “Brand name

specification” ORS 279B.200 (Definitions for ORS 279B.200 to 279B.240)

(k) “Class special

procurement” ORS 279B.085 (Special procurements)

(L) “Consultant” ORS 279C.115 (Direct contracts for services of consultants)

(m) “Contract-specific

special procurement” ORS 279B.085 (Special procurements)

(n) “Cooperative

procurement” ORS 279A.200 (Definitions for ORS 279A.200 to 279A.225)

(o) “Cooperative procurement

group” ORS 279A.200 (Definitions for ORS 279A.200 to 279A.225)

(p) “Donee” ORS 279A.250 (Definitions for ORS 279A.250 to 279A.290)

(q) “Engineer” ORS 279C.100 (Definitions for ORS 279C.100 to 279C.125)

(r) “Findings” ORS 279C.330 (“Findings” defined)

(s) “Fire protection

equipment” ORS 279A.190 (Transfers of fire protection equipment between fire departments)

(t) “Fringe benefits” ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870)

(u) “Funds of a public

agency” ORS 279C.810 (Exemptions)

(v) “Good cause” ORS 279C.585 (Authority to substitute undisclosed first-tier subcontractor)

(w) “Good faith dispute” ORS 279C.580 (Contractor’s relations with subcontractors)

(x) “Goods” ORS 279B.115 (Qualified products lists)

(y) “Housing” ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870)

(z) “Interstate cooperative

procurement” ORS 279A.200 (Definitions for ORS 279A.200 to 279A.225)

(aa) “Invitation to bid” ORS 279B.005 (Definitions)

and 279C.400 (Competitive proposals)

(bb) “Joint cooperative

procurement” ORS 279A.200 (Definitions for ORS 279A.200 to 279A.225)

(cc) “Labor dispute” ORS 279C.650 (“Labor dispute” defined)

(dd) “Land surveyor” ORS 279C.100 (Definitions for ORS 279C.100 to 279C.125)

(ee) “Legally flawed” ORS 279B.405 (Protests and judicial review of solicitations)

(ff) “Locality” ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870)

(gg) “Nonprofit

organization” ORS 279C.810 (Exemptions)

(hh) “Nonresident bidder” ORS 279A.120 (Preference for Oregon goods and services)

(ii) “Not-for-profit

organization” ORS 279A.250 (Definitions for ORS 279A.250 to 279A.290)

(jj) “Original contract” ORS 279A.200 (Definitions for ORS 279A.200 to 279A.225)

(kk) “Permissive cooperative

procurement” ORS 279A.200 (Definitions for ORS 279A.200 to 279A.225)

(LL) “Person” ORS 279C.500 (“Person” defined)

and 279C.815 (Determination of prevailing wage)

(mm) “Personal services” ORS 279C.100 (Definitions for ORS 279C.100 to 279C.125)

(nn) “Photogrammetric

mapping” ORS 279C.100 (Definitions for ORS 279C.100 to 279C.125)

(oo) “Photogrammetrist” ORS 279C.100 (Definitions for ORS 279C.100 to 279C.125)

(pp) “Prevailing rate of

wage” ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870)

(qq) “Procurement

description” ORS 279B.005 (Definitions)

(rr) “Property” ORS 279A.250 (Definitions for ORS 279A.250 to 279A.290)

(ss) “Public agency” ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870)

(tt) “Public contract” ORS 279A.190 (Transfers of fire protection equipment between fire departments)

(uu) “Public works” ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870)

(vv) “Purchasing contracting

agency” ORS 279A.200 (Definitions for ORS 279A.200 to 279A.225)

(ww) “Regularly organized fire

department” ORS 279A.190 (Transfers of fire protection equipment between fire departments)

(xx) “Related services” ORS 279C.100 (Definitions for ORS 279C.100 to 279C.125)

(yy) “Request for

proposals” ORS 279B.005 (Definitions)

(zz) “Resident bidder” ORS 279A.120 (Preference for Oregon goods and services)

(aaa) “Responsible bidder” ORS 279A.105 (Subcontracting to emerging small businesses or veteran-owned businesses)

and 279B.005 (Definitions)

(bbb) “Responsible

proposer” ORS 279B.005 (Definitions)

(ccc) “Responsive bid” ORS 279B.005 (Definitions)

(ddd) “Responsive

proposal” ORS 279B.005 (Definitions)

(eee) “Retainage” ORS 279C.550 (“Retainage” defined)

(fff) “Special

procurement” ORS 279B.085 (Special procurements)

(ggg) “Specification” ORS 279B.200 (Definitions for ORS 279B.200 to 279B.240)

(hhh) “State agency” ORS 279A.250 (Definitions for ORS 279A.250 to 279A.290)

(iii) “Substantial

completion” ORS 279C.465 (Action against successful bidder)

(jjj) “Surplus property” ORS 279A.250 (Definitions for ORS 279A.250 to 279A.290)

(kkk) “Transportation

planning services” ORS 279C.100 (Definitions for ORS 279C.100 to 279C.125)

(LLL) “Unnecessarily

restrictive” ORS 279B.405 (Protests and judicial review of solicitations)

[2003 c.794 §2; 2003 c.794 §2a; 2005 c.22 §199; 2005 c.103 §1a; 2005 c.153 §2; 2005 c.360 §13; 2007 c.764 §1; 2011 c.458 §8; 2017 c.715 §4]

Source: Section 279A.010 — Definitions for Public Contracting Code , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279A.­html (accessed May 26, 2025).
ORS § 276.580 — OR Code / Title 26 / Chapter 276 / Section 276.580
276.580 Additional payment by occupants for maintenance and service charges
Status: in_force

Every state agency, including the Employment Department, occupying space in the building described in section 6, chapter 528, Oregon Laws 1971, shall pay to the Oregon Department of Administrative Services all maintenance costs and necessary service charges arising out of its occupancy of the building. [1971 c.528 §9]

Source: Section 276.580 — Additional payment by occupants for maintenance and service charges , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 279a.290 — OR Code / Title 26 / Chapter 279a / Section 279a.290
279A.290 Miscellaneous receipts accounts
Status: in_force

(1) The State Treasurer may establish a miscellaneous receipts account for any state agency and shall credit to the account any amounts paid into the State Treasury under ORS 190.240 (Furnishing of services by state agency to federal and local governmental units) (1), 279A.280 (Disposal of surplus property) , 279A.285 (Disposition of moneys received as payment for repair or replacement of damaged, destroyed, lost or stolen property) , 283.110 (Furnishing by state agency to another state agency of services, facilities and materials) or 357.885 (Fees of State Archivist) for the state agency for which the account was established. The moneys credited to the miscellaneous receipts account of a state agency established under this section are appropriated continuously for the payment of the expenses of the state agency, subject to the allotment system provided by ORS 291.234 (Department to make allotments to state officers and agencies of appropriations and funds) to 291.260 (Approving, modifying or disapproving requests and budgets to be submitted to the federal government) .

(2) Laws enacted by the Legislative Assembly limiting expenditures do not limit expenditures from miscellaneous receipts accounts established under this section except when the law limiting expenditures of a state agency specifically establishes a limit for expenditures from the miscellaneous receipts account of the agency. [2003 c.794 §44; 2003 c.794 §44a]

Source: Section 279A.290 — Miscellaneous receipts accounts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279A.­html (accessed May 26, 2025).
ORS § 279c.303 — OR Code / Title 26 / Chapter 279c / Section 279c.303
279C.303 Production in United States of materials for public improvements and public works
Status: in_force

(1) As used in this section:

(a) “Manufactured product” means a preassembled item that is made of iron or steel and that a contractor brings to a construction project for incorporation into a public improvement or public works or a preassembled item that is made of iron or steel and that the Oregon Department of Administrative Services or the Department of Transportation acquires for a public use.

(b) “Produced in the United States” means:

(A) For iron and steel products, other than manufactured products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred within the United States; and

(B) For manufactured products, that:

(i) The manufacture of the product occurred within the United States; and

(ii) The cost of the components of the product that are mined, produced or manufactured in the United States is more than 55 percent of the total cost of all components of the product, unless either department by rule establishes a different standard for determining the minimum amount of the product that must be manufactured within the United States.

(2) Intentionally left blank —Ed.

(a) The Oregon Department of Administrative Services and the Department of Transportation shall require in each public improvement contract or contract for public works with an estimated contract price of $250,000 or more that steel, iron, coatings for steel and iron and manufactured products that a contractor purchases for or uses in the public improvement or public works, and that become part of a permanent structure, must be produced in the United States.

(b) Each department shall, in all solicitation documents for any procurement related to the public improvement contract or contract for public works, note clearly and conspicuously that any public improvement contract or contract for public works that results from the procurement will include the requirement set forth in paragraph (a) of this subsection. Each department shall reject any bid or proposal that does not affirmatively attest that the bidder or proposer read and understood the requirement.

(c) Intentionally left blank —Ed.

(A) The requirement set forth in paragraph (a) of this subsection does not apply if the Director of the Oregon Department of Administrative Services or the Director of Transportation, or either director’s designee, finds in writing that:

(i) The requirement is inconsistent with the public interest;

(ii) Steel, iron, coatings for steel and iron and manufactured products required for the public improvement or public works are not produced in the United States in sufficient and reasonably available quantities and with satisfactory quality; or

(iii) Using steel, iron, coatings for steel and iron or manufactured products produced in the United States for the public improvement or the public works will increase the cost of the public improvement or public works by more than 25 percent.

(B) Before making a finding under subparagraph (A) of this paragraph, the Director of the Oregon Department of Administrative Services or the Director of Transportation, as appropriate, shall issue a draft finding that includes a detailed written explanation of the basis for waiving the requirement set forth in paragraph (a) of this subsection. At the earliest practicable time, the director shall give public notice of the draft finding in a manner that the director determines will give adequate notice to the public and to contractors that intend to submit, or have submitted, bids or proposals for the public improvement or public works. The director shall allow seven calendar days for public comment on the draft finding. If after considering public comment the director determines to waive the requirement set forth in paragraph (a) of this subsection, the director shall provide public notice of the director’s finding using the same method the director used to provide public notice of the draft finding.

(C) The director shall respond within 15 days to a request for a finding described in subparagraph (A) of this paragraph by:

(i) Issuing the draft finding described in subparagraph (B) of this paragraph; or

(ii) Asking the person that submitted the request to provide any additional information the director requires to make the draft finding.

(d) The director may make a finding under paragraph (c) of this subsection that applies to a single public improvement contract or contract for public works, to a class of public improvement contracts or contracts for public works or to a class of iron or steel products, coatings or manufactured products. The director shall indicate the duration and applicability of the director’s finding in the document in which the director waives the requirement set forth in paragraph (a) of this subsection.

(e) The director may review and continue, amend or rescind the director’s finding at any time. If the director waives the requirement set forth in paragraph (a) of this subsection for a class of public improvement contracts or contracts for public works or for a class of iron or steel products, coatings or manufactured products, at least every five years the director shall review and, if necessary, amend or rescind the waiver. Before continuing, amending or rescinding a waiver under this paragraph, the director shall provide for public notice and comment in accordance with paragraph (c)(B) of this subsection.

(f) The Director of the Oregon Department of Administrative Services may delegate the director’s duties under paragraphs (c) and (d) of this subsection to the head of a state contracting agency that enters into a public improvement contract or contract for public works under authority delegated from the Oregon Department of Administrative Services.

(3) Intentionally left blank —Ed.

(a) The Oregon Department of Administrative Services by rule shall establish a technical assistance and grant program to enable enterprises and businesses certified under ORS 200.055 (Certification as disadvantaged business enterprise, minority-owned business, woman-owned business, veteran-owned business or emerging small business) to become familiar with and meet the obligations set forth in this section.

(b) Before establishing the program described in paragraph (a) of this subsection, the department shall submit to the Legislative Assembly a request for funding in an amount the department estimates would be necessary to administer the program and provide grants. The department shall deposit any moneys the department receives as funding into a designated account within the department’s operating account and shall keep a record of the amount and purpose of each disbursement from the account.

(c) A recipient of moneys from the department may not use the moneys to defray expenses the recipient incurs to prepare a bid or proposal in response to a procurement for a public improvement or public works.

(4) The requirements set forth in this section are subject to applicable state and federal trade agreements. [2023 c.541 §2]

Note: 279C.303 (Production in United States of materials for public improvements and public works) 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.303 — Production in United States of materials for public improvements and public works; waiver and review of waiver; technical assistance and grant program; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 283.410 — OR Code / Title 26 / Chapter 283 / Section 283.410
283.410 Conditions for installation of electric vehicle charging systems authorized or funded by state agencies
Status: in_force

(1) As used in this section:

(a) “Electric vehicle charging system” means an electrical system or device used solely for the delivery of electrical current for the purpose of charging one or more electric vehicles.

(b) “Equivalent training program” means a registered apprenticeship or continuing education electrician program for the installation of an electric vehicle charging system that is developed in accordance with a national guideline standard approved by the United States Department of Labor, in consultation with the United States Department of Transportation, and approved by the Electrical and Elevator Board.

(c) “State agency” means any state office, department, division, bureau, board or commission or any other state agency.

(2) A state agency that authorizes or funds, in whole or in part, the installation of an electric vehicle charging system to be located on the customer’s side of the meter shall require as a condition of the authorization or funding that:

(a) The electric vehicle charging system be installed by a contractor or contractors who hold all licenses legally required to perform the electrical installation work;

(b) The electric vehicle charging system be installed by a contractor or contractors who hold an Electric Vehicle Infrastructure Training Program or equivalent training program certification; and

(c) One or more electricians who hold an Electric Vehicle Infrastructure Training Program or equivalent training program certification supervise or participate in the installation work for the periods during which electrical installation work is being performed.

(3) The requirements under this section do not apply to the installation of an electric vehicle charging system for a single-family dwelling, townhouse or multifamily residential building with four or fewer residential units. [2023 c.577 §1]

Note: The amendments to 283.410 (Conditions for installation of electric vehicle charging systems authorized or funded by state agencies) by section 2, chapter 577, Oregon Laws 2023, become operative on the day after the date the Electrical and Elevator Board certifies that certain conditions have been met. See section 4, chapter 577, Oregon Laws 2023. The text that is operative on and after the day after the date the Electrical and Elevator Board certifies that certain conditions have been met is set forth for the user’s convenience.

283.410 (Conditions for installation of electric vehicle charging systems authorized or funded by state agencies) . (1) As used in this section:

(a) “Electric vehicle charging system” means an electrical system or device used solely for the delivery of electrical current for the purpose of charging one or more electric vehicles.

(b) “Equivalent training program” means a registered apprenticeship or continuing education electrician program for the installation of an electric vehicle charging system that is developed in accordance with a national guideline standard approved by the United States Department of Labor, in consultation with the United States Department of Transportation, and approved by the Electrical and Elevator Board.

(c) “State agency” means any state office, department, division, bureau, board or commission or any other state agency.

(2) Intentionally left blank —Ed.

(a) A state agency that authorizes or funds, in whole or in part, the installation of an electric vehicle charging system to be located on the customer’s side of the meter shall require as a condition of the authorization or funding that:

(A) The electric vehicle charging system be installed by a contractor or contractors who hold all licenses legally required to perform the electrical installation work;

(B) The electric vehicle charging system be installed by a contractor or contractors who hold an Electric Vehicle Infrastructure Training Program or equivalent training program certification; and

(C) One or more electricians who hold an Electric Vehicle Infrastructure Training Program or equivalent training program certification supervise or participate in the installation work for the periods during which electrical installation work is being performed.

(b) In addition to the requirements under paragraph (a) of this subsection, when the installation is for an electric vehicle charging system to be located on the customer’s side of the meter that will supply 25 or more kilowatts to an electric vehicle, the state agency shall require that at least 25 percent of electricians who are present and working on the installation hold Electric Vehicle Infrastructure Training Program or equivalent training program certifications.

(3) The requirements under this section do not apply to the installation of an electric vehicle charging system for a single-family dwelling, townhouse or multifamily residential building with four or fewer residential units.

Note: 283.410 (Conditions for installation of electric vehicle charging systems authorized or funded by 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 283.410 — Conditions for installation of electric vehicle charging systems authorized or funded by state agencies; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors283.­html (accessed May 26, 2025).
ORS § 283.095 — OR Code / Title 26 / Chapter 283 / Section 283.095
283.095 Authority for state agency to enter into financing agreement
Status: in_force

(1) As used in this section:

(a) “Financing agreement” has the meaning given that term in ORS 283.085 (Definitions for ORS 283.085 to 283.092) .

(b) “State agency” has the meaning given that term in ORS 283.089 (Authority of Director of Oregon Department of Administrative Services regarding financing agreements) .

(2) If authorized by a 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) , a state agency may enter into a financing agreement with a principal amount of $100,000 or less.

(3) Notwithstanding any authority in a 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) , a state agency may not enter into a financing agreement in an amount that exceeds $100,000. [2013 c.767 §2; 2015 c.767 §83; 2015 c.828 §24]

Note: 283.095 (Authority for state agency to enter into financing agreement) 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 283.095 — Authority for state agency to enter into financing agreement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors283.­html (accessed May 26, 2025).
ORS § 276a.350 — OR Code / Title 26 / Chapter 276a / Section 276a.350
276A.350 Definitions
Status: in_force

As used in ORS 276A.350 (Definitions) to 276A.371 (Obligations of state agency under public records law) :

(1) Intentionally left blank —Ed.

(a) “Data” means final versions of statistical or factual information, including statistical or factual data about image files, that:

(A) Is in alphanumeric form reflected in a list, table, graph, chart or other nonnarrative form that can be digitally transmitted or processed;

(B) Is controlled by and regularly created or maintained by, or on behalf of, a state agency; and

(C) Records a measurement, transaction or determination related to the mission of the agency.

(b) “Data” does not include image files, including but not limited to designs, drawings, photos and scanned copies of original documents.

(2) “Dataset” means a named collection of related records, maintained on a storage device, that contains data organized, formatted or structured in a specific or prescribed way.

(3) “Mosaic effect” means a situation in which information in an individual dataset, in isolation, may not pose a risk of identifying an individual, but when combined with other available information could pose such a risk.

(4) Intentionally left blank —Ed.

(a) “Publishable data” means all data and datasets collected by a state agency.

(b) “Publishable data” does not include:

(A) Data to which a state agency may deny access pursuant to any provision of a federal, state or local law, rule or regulation, or another applicable policy or restriction.

(B) Data that contain a significant amount of information to which a state agency may deny access pursuant to any provision of a federal, state or local law, rule or regulation.

(C) Data that reflect the internal deliberative process of a state agency, including but not limited to negotiating positions, future procurements or pending or reasonably anticipated legal or administrative proceedings.

(D) Data stored on a personal computing device owned by a state agency, or data stored on a portion of a network that has been exclusively assigned to a single agency employee or to a single computing device owned or controlled by a state agency.

(E) Materials subject to copyright, patent, trademark, confidentiality agreements or trade secret protection.

(F) Materials that have commercial value or the disclosure of which could reduce a state agency’s competitive advantage.

(G) Proprietary applications, computer code, software, operating systems and similar materials.

(H) Employment records, internal employee directories or lists, facilities data, information technology and other data related to internal state agency administration.

(I) Any other data the publication of which is prohibited by law.

(5) “State agency” means the executive department, as defined in ORS 174.112 (“Executive department” defined) , except that “state agency” does not include the Secretary of State or the State Treasurer. [2017 c.720 §1]

Source: Section 276A.350 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276A.­html (accessed May 26, 2025).
ORS § 278.005 — OR Code / Title 26 / Chapter 278 / Section 278.005
278.005 Definitions
Status: in_force

As used in this chapter, unless the context requires otherwise:

(1) “Actuarially sound” means funding and insurance sufficient to pay those losses and their related costs which are known or are projected by the Oregon Department of Administrative Services from analyses of claims, loss experience and risk factors.

(2) “Components” of the Insurance Fund means accounts created by the department within the Insurance Fund to provide specific coverages and administer the duties of this chapter.

(3) “Data” means information previously converted to language or symbols in a form which can be directly read by the information processing equipment.

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

(5) “Engineering specifications” means those records which provide detailed documentation of the construction, wiring, arrangement and related engineering details of the information processing equipment.

(6) “Media” means all active information processing material including all forms of data, program material and related engineering specifications employed in the agency’s information processing operation except property which the agency elects not to cover.

(7) “Participating local public body” and “public body” mean any public body other than the state which has elected to participate in the Insurance Fund under ORS 30.282 (Local public body insurance) .

(8) “Personal property” means tangible personal property owned, leased, controlled or possessed by a state agency and includes all chattels and movables, such as merchandise, furniture, goods, livestock, vehicles, aircraft, movable machinery, movable tools, movable equipment, general operating supplies and media. “Personal property” does not include cash, currency or negotiable papers and securities and similar property which may be excluded by policy of the department.

(9) “Program material” means stored data used to direct the information processing equipment as to which input or memory to use, how to use it, and the type of results to obtain, including any diagrams or other records which can be used to reproduce such instructions.

(10) “Property” means real and personal property as defined in this section, and any other property under the control of the state in which the state has an insurable interest as determined by the department.

(11) “Real property” means the land and all buildings, structures, improvements, machinery, equipment or fixtures erected on, above or under the land the title of which is vested in the State of Oregon, or is under the control of the state through a lease purchase agreement, installment purchase, mortgage or lien. “Real property” does not include any paving, roadways, tunnels, bridges, bike paths, sidewalks and other related improvements which may be excluded by policy of the department.

(12) “State agency” or “agency” means each state branch, institution, department, board, commission or activity of whatever nature.

(13) “Vessel” means a boat, ship, craft or structure made to float or travel upon the water which may or may not be powered by a marine engine. [1961 c.448 §2; 1975 c.609 §21; 1977 c.428 §2; 1981 c.109 §6; 1985 c.731 §7; 1989 c.40 §1; 1993 c.500 §25]

Source: Section 278.005 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors278.­html (accessed May 26, 2025).
ORS § 279.840 — OR Code / Title 26 / Chapter 279 / Section 279.840
279.840 Purpose
Status: in_force

The purpose 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) is to further the policy of this state to encourage and assist individuals with disabilities to achieve maximum personal independence within their communities through productive gainful employment by assuring an expanded and constant market for products and services produced by qualified nonprofit agencies for individuals with disabilities, thereby enhancing their dignity and capacity for self-support. [1977 c.304 §2; 1989 c.224 §43; 2003 c.794 §229c; 2007 c.70 §63; 2019 c.371 §5]

Source: Section 279.840 — Purpose , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279.­html (accessed May 26, 2025).
ORS § 279a.800 — OR Code / Title 26 / Chapter 279a / Section 279a.800
279A.800 Consideration of whether bidder or proposer owes liquidated and delinquent debt to state
Status: in_force

In addition to making a determination concerning a bidder’s or proposer’s responsibility under ORS 279B.110 (Responsibility of bidders and proposers) or 279C.375 (Award and execution of contract) , a contracting agency as part of the contracting agency’s evaluation of a bid or proposal may consider at any time before executing a public contract with the bidder or proposer whether the bidder or proposer owes a liquidated and delinquent debt to the state. [2019 c.124 §2]

Source: Section 279A.800 — Consideration of whether bidder or proposer owes liquidated and delinquent debt to state , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279A.­html (accessed May 26, 2025).
ORS § 283.327 — OR Code / Title 26 / Chapter 283 / Section 283.327
283.327 Purchase or lease of light-duty vehicles by state agencies
Status: repealed

(2) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, on and after January 1, 2025, a state agency that purchases or leases a new light-duty vehicle shall purchase or lease only a zero-emission vehicle, as defined in ORS 283.398 (Findings and goals for zero-emission vehicles) .

(b) If the state agency finds that a zero-emission vehicle is not feasible for the specific use the state agency has for a light-duty vehicle, the state agency may purchase or lease a light-duty vehicle that:

(A) Can operate with alternative fuel and that otherwise meets the requirements set forth in the Comprehensive National Energy Policy Act of 1992 (P.L. 102-486); or

(B) Qualifies as a low-emission vehicle under a written policy that the Oregon Department of Administrative Services adopts in consultation with the Department of Environmental Quality, if the state agency finds that a vehicle described in subparagraph (A) of this paragraph is not feasible for the specific use the state agency has for a light-duty vehicle.

(3) To the maximum extent feasible, light-duty vehicles that state agencies own or lease must be zero-emission vehicles.

(4) A state agency that owns or leases light-duty vehicles shall comply with all safety standards that the United States Department of Transportation establishes for the conversion, operation and maintenance of vehicles that use alternative fuels. [1991 c.399 §2; 1993 c.335 §5; 2005 c.22 §201; 2007 c.739 §25; 2019 c.565 §§2,3; 2021 c.107 §§6,7; 2023 c.553 §§2,3]

Note: Sections 13 and 14, chapter 30, Oregon Laws 2010, provide:

Sec. 13. Distribution of natural gas to private entities for use in motor vehicles. The Oregon Department of Administrative Services, by rule, may implement a program to make available, sell, distribute and dispense compressed natural gas to private entities for use in motor vehicles. The department, by order, may establish and adjust the prices for compressed natural gas. The department shall set the price for compressed natural gas at a level that does not:

(1) Subsidize any of the operations of any private entity; or

(2) Substantially exceed the total costs to the department of making the compressed natural gas available. [2010 c.30 §13]

Sec. 14. Section 13, chapter 30, Oregon Laws 2010, is repealed on January 2, 2025. [2010 c.30 §14; 2013 c.526 §2; 2017 c.67 §1]

Source: Section 283.327 — Purchase or lease of light-duty vehicles by state agencies; requirement for zero-emission vehicles; exceptions when purchase or lease of zero-emission vehicles is not feasible; compliance with federal safety standards , https://www.­oregonlegislature.­gov/bills_laws/ors/ors283.­html (accessed May 26, 2025).
ORS § 276.102 — OR Code / Title 26 / Chapter 276 / Section 276.102
276.102 Acceptance of donations for state executive residence
Status: in_force

(1) The Executive Residence Account is established separate and distinct from the General Fund. Interest earned on moneys in the account shall be credited to the account. Moneys in the account are continuously appropriated to the Oregon Department of Administrative Services for the purpose of acquiring or constructing, remodeling, decorating, landscaping, furnishing, equipping and maintaining a state executive residence.

(2) The department, on behalf of the State of Oregon, may accept gifts, grants or donations from public or private sources, including gifts of real or personal property, for the purpose specified in subsection (1) of this section. The department shall deposit moneys received under this section in the account established in subsection (1) of this section. [1967 c.615 §1; 1987 c.702 §1; 2003 c.796 §§11,12; 2005 c.217 §§18,19]

Source: Section 276.102 — Acceptance of donations for state executive residence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 276.061 — OR Code / Title 26 / Chapter 276 / Section 276.061
276.061 Commission’s cooperation with City of Salem
Status: in_force

(1) The Capitol Planning Commission shall provide a report to the Legislative Assembly once every two years on plans adopted under ORS 276.056 (Duties of commission) . The report shall be made in the manner provided by ORS 192.245 (Form of report to legislature) .

(2) The Capitol Planning Commission shall make all possible efforts to obtain the cooperation of officers and commissions of the City of Salem for the purpose of establishing the zoning of that part of the city contiguous to the capitol area that will allow the State of Oregon to maintain the state’s administrative buildings in a continuous and park-like area.

(3) The Capitol Planning Commission shall provide regular updates to Salem neighborhood associations on plans developed under ORS 276.056 (Duties of commission) that may affect residents in the neighborhoods represented by those associations. [2009 c.896 §8]

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

Source: Section 276.061 — Commission’s cooperation with City of Salem , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 279c.525 — OR Code / Title 26 / Chapter 279c / Section 279c.525
279C.525 Provisions concerning environmental and natural resources laws
Status: in_force

(1) Solicitation documents for a public improvement contract shall make specific reference to federal, state and local agencies that have enacted ordinances, rules or regulations dealing with the prevention of environmental pollution and the preservation of natural resources that affect the performance of the contract. If the successful bidder awarded the project is delayed or must undertake additional work by reason of existing ordinances, rules or regulations of agencies not cited in the public improvement contract or due to the enactment of new or the amendment of existing statutes, ordinances, rules or regulations relating to the prevention of environmental pollution and the preservation of natural resources occurring after the submission of the successful bid, the contracting agency may:

(a) Terminate the contract;

(b) Complete the work itself;

(c) Use nonagency forces already under contract with the contracting agency;

(d) Require that the underlying property owner be responsible for cleanup;

(e) Solicit bids for a new contractor to provide the necessary services under the competitive bid requirements of this chapter; or

(f) Issue the contractor a change order setting forth the additional work that must be undertaken.

(2) In addition to the obligation imposed under subsection (1) of this section to refer to federal, state and local agencies with ordinances, rules or regulations dealing with the prevention of environmental pollution and the preservation of natural resources, a solicitation document must also make specific reference to known conditions at the construction site that may require the successful bidder to comply with the ordinances, rules or regulations identified under subsection (1) of this section.

(3) If the successful bidder encounters a condition not referred to in the solicitation documents, not caused by the successful bidder and not discoverable by a reasonable prebid visual site inspection, and the condition requires compliance with the ordinances, rules or regulations referred to under subsection (1) of this section, the successful bidder shall immediately give notice of the condition to the contracting agency.

(4) Except in the case of an emergency and except as may otherwise be required by any environmental or natural resource ordinance, rule or regulation, the successful bidder may not commence work nor incur any additional job site costs in regard to the condition encountered and described in subsection (3) of this section without written direction from the contracting agency.

(5) Upon request by the contracting agency, the successful bidder shall estimate the emergency or regulatory compliance costs as well as the anticipated delay and costs resulting from the encountered condition. This cost estimate shall be promptly delivered to the contracting agency for resolution.

(6) Within a reasonable period of time following delivery of an estimate under subsection (5) of this section, the contracting agency may:

(a) Terminate the contract;

(b) Complete the work itself;

(c) Use nonagency forces already under contract with the contracting agency;

(d) Require that the underlying property owner be responsible for cleanup;

(e) Solicit bids for a new contractor to provide the necessary services under the competitive bid requirements of this chapter; or

(f) Issue the contractor a change order setting forth the additional work that must be undertaken.

(7) Intentionally left blank —Ed.

(a) If the contracting agency chooses to terminate the contract under subsection (1)(a) or (6)(a) of this section, the successful bidder shall be entitled to all costs and expenses incurred to the date of termination, including overhead and reasonable profits, on the percentage of the work completed. The contracting agency shall have access to the contractor’s bid documents when making the contracting agency’s determination of the additional compensation due to the contractor.

(b) If the contracting agency causes work to be done by another contractor under subsection (1)(c) or (e) or (6)(c) or (e) of this section, the initial contractor may not be held liable for actions or omissions of the other contractor.

(c) The change order under subsection (1)(f) or (6)(f) of this section shall include the appropriate extension of contract time and compensate the contractor for all additional costs, including overhead and reasonable profits, reasonably incurred as a result of complying with the applicable statutes, ordinances, rules or regulations. The contracting agency shall have access to the contractor’s bid documents when making the contracting agency’s determination of the additional compensation due to the contractor.

(8) Notwithstanding subsections (1) to (7) of this section, a contracting agency:

(a) May allocate all or a portion of the known environmental and natural resource risks to a contractor by listing such environmental and natural resource risks with specificity in the solicitation documents; and

(b) In a local improvement district, may allocate all or a portion of the known and unknown environmental and natural resource risks to a contractor by so stating in the solicitation documents. [2003 c.794 §142]

Source: Section 279C.525 — Provisions concerning environmental and natural resources laws; remedies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 279.835 — OR Code / Title 26 / Chapter 279 / Section 279.835
279.835 Definitions for ORS 279.835 to 279.855
Status: in_force

As used in ORS 279.835 (Definitions for ORS 279.835 to 279.855) to 279.855 (Entities that may obtain goods and services through Oregon Department of Administrative Services) :

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

(2) “Direct labor” includes all hours directly related to the performance of a service or manufacture of a product, but not supervision, administration, inspection and shipping.

(3) “Disability” means a physical or mental impairment that substantially limits one or more major life activities.

(4) “Individual with a disability” means an individual who, because of the nature of disabilities, relies upon specialized employment services to find, secure and maintain employment.

(5) “Public agency” or “public contracting agency” means any agency of the State of Oregon or any political subdivision thereof authorized by law to enter into public contracts and any public body created by intergovernmental agreement.

(6) “Qualified nonprofit agency for individuals with disabilities” means a nonprofit organization:

(a) Organized under the laws of the United States or of this state and operated to provide training or employment for individuals with disabilities in this state, and the net income of which does not inure in whole or in part to the benefit of any shareholder or other individual;

(b) That complies with any applicable occupational health and safety standard required by the laws of the United States and of this state; and

(c) That in the manufacture of products and in the provision of services, whether or not the products or services are procured 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) , employs individuals with disabilities for not less than:

(A) 75 percent of the work hours of direct labor required for the manufacture or provision of the products or services during a fiscal year that begins on or before June 30, 2019.

(B) 65 percent of the work hours of direct labor required for the manufacture or provision of the products or services during a fiscal year that begins on or after July 1, 2019, and before June 30, 2021.

(C) 60 percent of the work hours of direct labor required for the manufacture or provision of the products or services, or the federal ratio, whichever is lower, during a fiscal year that begins on or after July 1, 2021. [1977 c.304 §3; 1983 c.690 §17; 1989 c.224 §42; 1991 c.93 §1; 1993 c.500 §34; 2001 c.104 §96; 2003 c.794 §229b; 2007 c.70 §62; 2019 c.371 §4]

Source: Section 279.835 — Definitions for ORS 279.835 to 279.855 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279.­html (accessed May 26, 2025).
ORS § 283.401 — OR Code / Title 26 / Chapter 283 / Section 283.401
283.401 Report concerning utilization of zero-emission vehicles within state
Status: in_force

(1) On or before September 15 of each odd-numbered year, the State Department of Energy shall submit to the Governor and an interim committee of the Legislative Assembly related to the environment a report on adoption of zero-emission vehicles in this state and the progress the state is making to achieve reductions in greenhouse gas emissions in the transportation sector. The report shall provide:

(a) A review, using existing studies, market reports, polling data or other publicly available information, of the market in this state for zero-emission vehicles and any barriers to adopting zero-emission vehicles in this state;

(b) An assessment of the state’s progress in promoting the goals set forth in ORS 283.398 (Findings and goals for zero-emission vehicles) ; and

(c) The date on which the state is predicted to meet the goals set forth in ORS 283.398 (Findings and goals for zero-emission vehicles) .

(2) The department may contract with third parties to assist in performing the duties described in subsection (1) of this section.

(3) The department shall assess the state’s progress under subsection (1)(b) of this section. The assessment must focus on commercially available, or near-commercially available, zero-emission vehicle technology, to the extent possible, and rely on existing studies, data and analysis. In the assessment, the department shall evaluate:

(a) Whether the transportation sector is on course to reduce the share of greenhouse gas emissions from motor vehicles, as defined in ORS 801.360 (“Motor vehicle.”) , consistent with the greenhouse gas emissions reduction goals set forth in ORS 468A.205 (Policy) .

(b) The sales figures and numbers of zero-emission vehicles that are owned in Oregon, including forecasts as to whether:

(A) By 2020, 50,000 registered motor vehicles will be zero-emission vehicles;

(B) By 2025, at least 250,000 registered motor vehicles will be zero-emission vehicles;

(C) By 2030, at least 25 percent of registered motor vehicles, and at least 50 percent of new motor vehicles sold annually, will be zero-emission vehicles; and

(D) By 2035, at least 90 percent of new motor vehicles sold annually will be zero-emission vehicles.

(c) The sales figures and numbers of zero-emission vehicles that are owned in Oregon, differentiated, to the extent feasible, by demographic factors, including whether persons that own zero-emission vehicles reside in urban or rural areas.

(d) The availability and reliability of public and private electric vehicle charging infrastructure that is needed to support the targets for zero-emission vehicle sales and registration identified in paragraph (b) of this subsection. The department shall assess reliability under this paragraph only if the department requests and obtains information on reliability from providers of electric vehicle charging infrastructure.

(e) The incremental purchase cost difference, before and after federal and state incentives, between the purchase cost of a zero-emission vehicle and the purchase cost of a comparable vehicle powered by an internal combustion engine.

(f) The zero-emission vehicles that are available for purchase in all market segments.

(g) Oregonians’ awareness of motor vehicle options, the benefits of owning zero-emission vehicles and the true costs of motor vehicle ownership.

(h) The carbon intensity of fuel consumed by the Oregon transportation sector as a whole.

(i) The general progress toward electrification of all fossil fuel-based transportation modes.

(j) Opportunities to minimize impacts to the electric grid from transportation electrification, including rate design, managed charging, vehicle-to-grid services and electricity conservation techniques.

(k) In consultation with the Department of Transportation, the impact of the sales and ownership of zero-emission vehicles on revenues that would otherwise accrue to the State Highway Fund under ORS 366.505 (Composition and use of highway fund) .

(4) If the State Department of Energy determines that the state is not on course to meet the goals set forth in ORS 283.398 (Findings and goals for zero-emission vehicles) , the department shall make recommendations in the report required by this section, including recommendations for legislation. Recommended legislation:

(a) May not mandate required levels of motor vehicle sales.

(b) Must promote the zero-emission vehicle market, address barriers to adoption of zero-emission vehicles in the light-duty portion of the transportation sector, encourage transportation electrification and further the goals set forth in ORS 283.398 (Findings and goals for zero-emission vehicles) . [2019 c.565 §2]

Note: See note under 283.398 (Findings and goals for zero-emission vehicles) .

Source: Section 283.401 — Report concerning utilization of zero-emission vehicles within state; recommendations for legislation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors283.­html (accessed May 26, 2025).
ORS § 283.990 — OR Code / Title 26 / Chapter 283 / Section 283.990
283.990 Penalties
Status: in_force

Violation of ORS 283.395 (Driving state-owned vehicles for private purposes prohibited) is a Class D violation. [Formerly part of 291.990 (Penalties) ; 1999 c.1051 §171]

Source: Section 283.990 — Penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors283.­html (accessed May 26, 2025).
ORS § 283.312 — OR Code / Title 26 / Chapter 283 / Section 283.312
283.312 Provision of state-owned vehicle to authorized agency driver
Status: in_force

(1) A state agency or institution shall provide a state-owned standard passenger vehicle to each authorized driver of the state agency or institution who is required to drive a standard passenger vehicle on official state business a number of miles per month averaged over a six-month period that equals or exceeds the mileage limit defined in rules adopted under ORS 283.313 (Adoption of mileage limits for use and replacement of state-owned vehicles) .

(2) If a state-owned standard passenger vehicle is not available to an authorized driver of a state agency or institution who is required to drive a standard passenger vehicle on official state business:

(a) The authorized driver shall use the authorized driver’s own motor vehicle, or other privately owned motor vehicle, and shall be reimbursed as provided in rules adopted under ORS 283.345 (Use of privately owned vehicles) ; or

(b) If a suitable privately owned motor vehicle is not available to the authorized driver, the state agency or institution shall rent a standard passenger vehicle for the use of the authorized driver on the days the authorized driver is required to drive on official state business.

(3) Except as provided in subsections (4) and (5) of this section, a state agency or institution may not own or be assigned a standard passenger vehicle that is driven a number of miles per month averaged over a six-month period that is less than the mileage limit defined in rules adopted under ORS 283.313 (Adoption of mileage limits for use and replacement of state-owned vehicles) .

(4) Subsection (3) of this section does not apply to a standard passenger vehicle that is furnished with equipment not installed on a standard passenger vehicle.

(5) Subsection (3) of this section does not apply to a standard passenger vehicle if the Director of the Oregon Department of Administrative Services finds under rules adopted under ORS 283.313 (Adoption of mileage limits for use and replacement of state-owned vehicles) that, notwithstanding the number of miles per month the vehicle is driven, use of a state-owned standard passenger vehicle is necessary to the activities conducted by the state agency or institution.

(6) If a state agency or institution is not in compliance with subsection (3) of this section, the state agency or institution shall sell and not replace a standard passenger vehicle for each vehicle that fails to comply with subsection (3) of this section. The state agency or institution may reassign vehicles owned by or assigned to the state agency or institution, respectively, if necessary to meet the requirements of subsection (3) of this section. Proceeds from a sale under this subsection and interest on the proceeds shall be retained by the agency or institution and not expended until a sale proceed utilization plan is approved by the Legislative Assembly. [1997 c.848 §3]

Source: Section 283.312 — Provision of state-owned vehicle to authorized agency driver; mileage limits requirements; exceptions; penalty for noncompliance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors283.­html (accessed May 26, 2025).
ORS § 276a.200 — OR Code / Title 26 / Chapter 276a / Section 276a.200
276A.200 Legislative findings on information resources
Status: in_force

The Legislative Assembly finds and declares that:

(1) Information is a strategic asset of the state that must be managed as a valuable state resource.

(2) The expanding need, use and importance of information resources in this state require strong and effective management by both individual agencies and the state as a whole.

(3) The state must establish management procedures to ensure a framework for the review, improvement, integration, development, security and use of information resources. Principal objectives for information resources management are improved productivity of state workers, better public access to public information, increased effectiveness in the delivery of services provided by the various agencies and enhancing development of the telecommunication infrastructure available to the public.

(4) Effective information resources management requires:

(a) An Enterprise Information Resources Management Strategy, including management and technical policy, that is developed, maintained or updated each biennium;

(b) Comprehensive planning of the design, acquisition, security and use of information resources;

(c) The operation of communications systems and information resources that respond to the management information needs of agencies and programs; and

(d) Consideration of the impact of information resources management activities on the development and vitality of telecommunications infrastructure available to the public.

(5) Although each agency is responsible for the agency’s information resources, centralized information resource management must also exist to:

(a) Provide statewide rules and standards;

(b) Monitor and ensure compliance with those rules and standards;

(c) Provide management and technical assistance; and

(d) Ensure that the information resources management needs of state government and state government programs are addressed along with the needs of the individual agencies. [Formerly 291.037]

Source: Section 276A.200 — Legislative findings on information resources , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276A.­html (accessed May 26, 2025).
ORS § 279b.030 — OR Code / Title 26 / Chapter 279b / Section 279b.030
279B.030 Demonstration that procurement will cost less than performing service with contracting agency’s own personnel and resources or that performing service is not feasible
Status: in_force

(1) Except as provided in ORS 279B.036 (Determination of feasibility of procurement) , before conducting a procurement for services with an estimated contract price that exceeds $250,000, a contracting agency shall:

(a) Demonstrate, by means of a written cost analysis in accordance with ORS 279B.033 (Contents of cost analysis) , that the contracting agency would incur less cost in conducting the procurement than in performing the services with the contracting agency’s own personnel and resources; or

(b) Demonstrate, in accordance with ORS 279B.036 (Determination of feasibility of procurement) , that performing the services with the contracting agency’s own personnel and resources is not feasible.

(2) If a local contracting agency authorizes a department, bureau, office or other subdivision of the local contracting agency to conduct a procurement on behalf of another department, bureau, office or subdivision of the local contracting agency, the department, bureau, office or subdivision on whose behalf the procurement is conducted shall comply with the requirement set forth in subsection (1) of this section.

(3) Subsection (1) of this section does not apply to:

(a) A local contracting agency or a local contract review board for a city that has a population of not more than 15,000 or a county that has a population of not more than 30,000;

(b) A community college that enrolls not more than 1,000 full-time equivalent students, as defined in ORS 341.005 (Definitions) ;

(c) A special district, as defined in ORS 198.010 (“District” defined for chapter) , a diking district formed under ORS chapter 551 and a soil and water conservation district organized under ORS 568.210 (Definitions for ORS 568.210 to 568.808 and 568.900 to 568.933) to 568.808 (Taxing district to file legal description and map) ;

(d) The Port of Portland; or

(e) Procurements for client services the definition and scope of which the Oregon Department of Administrative Services specifies by rule.

(4)(a)(A) A state contracting agency that conducts a cost analysis in accordance with ORS 279B.033 (Contents of cost analysis) or makes a determination under ORS 279B.036 (Determination of feasibility of procurement) in connection with a procurement for services related to information technology, as defined in ORS 291.045 (Definitions for ORS 291.045 and 291.047) , shall provide the State Chief Information Officer and the Legislative Fiscal Office with copies of the final cost analysis the state contracting agency prepared under ORS 279B.033 (Contents of cost analysis) or the final determination the state contracting agency made under ORS 279B.036 (Determination of feasibility of procurement) .

(B) The requirement to provide the materials described in subparagraph (A) of this paragraph to the State Chief Information Officer does not apply to the Secretary of State or the State Treasurer.

(b) The Legislative Fiscal Office may provide materials the office receives under paragraph (a) of this subsection to a committee of the Legislative Assembly or to the Emergency Board in accordance with policies the office develops.

(c) The State Chief Information Officer shall adopt rules and develop policies for incorporating materials the State Chief Information Officer receives under paragraph (a) of this subsection into the oversight functions that the State Chief Information Officer exercises under ORS 276A.206 (Oversight of state information and telecommunications technology by State Chief Information Officer) and the planning functions that the State Chief Information Officer exercises under ORS 276A.233 (Information technology portfolio-based management) and 276A.236 (Enterprise information resources management) . [2009 c.880 §2; 2016 c.16 §1]

Source: Section 279B.030 — Demonstration that procurement will cost less than performing service with contracting agency’s own personnel and resources or that performing service is not feasible; exemptions; analysis for procurement related to information technology; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279B.­html (accessed May 26, 2025).
ORS § 279c.315 — OR Code / Title 26 / Chapter 279c / Section 279c.315
279C.315 Waiver of damages for unreasonable delay by contracting agency against public policy
Status: in_force

(1) Any clause in a public improvement contract that purports to waive, release or extinguish the rights of a contractor to damages or an equitable adjustment arising out of unreasonable delay in performing the contract, if the delay is caused by acts or omissions of the contracting agency or persons acting therefor, is against public policy and is void and unenforceable.

(2) Subsection (1) of this section is not intended to render void any contract provision that:

(a) Requires notice of any delay;

(b) Provides for arbitration or other procedures for settlement of contract disputes; or

(c) Provides for reasonable liquidated damages. [2003 c.794 §100]

Source: Section 279C.315 — Waiver of damages for unreasonable delay by contracting agency against public policy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 282.220 — OR Code / Title 26 / Chapter 282 / Section 282.220
282.220 Payment for unauthorized work outside state prohibited
Status: in_force

No payment shall be made by the state or any political subdivision thereof for printing, binding or stationery work, including the manufacture of motor vehicle registration plates and plates required to be affixed to motor carriers, unless it appears that such work was done within the state, or was authorized to be done outside the state pursuant to ORS 282.210 (Performance within state of public printing, binding and stationery work) . [Amended by 2003 c.758 §3]

Source: Section 282.220 — Payment for unauthorized work outside state prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors282.­html (accessed May 26, 2025).
ORS § 279c.465 — OR Code / Title 26 / Chapter 279c / Section 279c.465
279C.465 Action against successful bidder
Status: in_force

(1) Any person that loses a competitive bid or proposal for a contract involving the construction, repair, remodeling, alteration, conversion, modernization, improvement, rehabilitation, replacement or renovation of a building or structure may bring an action for damages against another person who is awarded the contract for which the bid or proposal was made if the person making the losing bid or proposal can establish that the other person knowingly violated ORS 279C.840 (Payment of prevailing rate of wage) , 656.017 (Employer required to pay compensation and perform other duties) , 657.505 (Payment of and liability for taxes) , 701.021 (License requirement) or 701.026 (Subcontractor licensing) while performing the work under the contract, or knowingly failed to pay to the Department of Revenue all sums withheld from employees under ORS 316.167 (Withholding of tax required) .

(2) A person bringing an action under this section must establish a violation of ORS 279C.840 (Payment of prevailing rate of wage) , 316.167 (Withholding of tax required) , 656.017 (Employer required to pay compensation and perform other duties) , 657.505 (Payment of and liability for taxes) , 701.021 (License requirement) or 701.026 (Subcontractor licensing) by a preponderance of the evidence.

(3) Upon establishing that the violation occurred, the person shall recover, as liquidated damages, 10 percent of the total amount of the contract or $5,000, whichever is greater.

(4) In any action under this section, the prevailing party is entitled to an award of reasonable attorney fees.

(5) An action under this section must be commenced within two years of the substantial completion of the construction, repair, remodeling, alteration, conversion, modernization, improvement, rehabilitation, replacement or renovation. For the purposes of this subsection, “substantial completion” has the meaning given that term in ORS 12.135 (Action for damages from construction, alteration or repair of improvement to real property) .

(6) A person may not recover any amounts under this section if the defendant in the action establishes by a preponderance of the evidence that the plaintiff:

(a) Was in violation of ORS 701.021 (License requirement) or 701.026 (Subcontractor licensing) at the time of making the bid or proposal on the contract;

(b) Was in violation of ORS 316.167 (Withholding of tax required) , 656.017 (Employer required to pay compensation and perform other duties) or 657.505 (Payment of and liability for taxes) with respect to any employees of the plaintiff as of the time of making the bid or proposal on the contract; or

(c) Was in violation of ORS 279C.840 (Payment of prevailing rate of wage) with respect to any contract performed by the plaintiff within one year before making the bid or proposal on the contract at issue in the action. [2003 c.794 §135; 2007 c.836 §44]

Source: Section 279C.465 — Action against successful bidder; amount of damages; when action to be commenced; defenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 276a.403 — OR Code / Title 26 / Chapter 276a / Section 276a.403
276A.403 Coordination of telecommunications systems
Status: in_force

(1) The State Chief Information Officer shall coordinate, in a manner that is consistent with plans, standards, policies, goals, directives and rules that the State Chief Information Officer sets, specifies or adopts, the consolidation and operation of all telecommunications systems, including emergency telecommunications systems, that the state and state agencies use. Notwithstanding any other provision of law, an agent or agency of the state may not construct, purchase or otherwise gain access to a telecommunications system without the prior approval of the State Chief Information Officer.

(2) The provisions of this section do not require emergency service providers, as defined by the State Chief Information Officer, to consolidate telecommunications systems that emergency service providers use into nonemergency networks. [Formerly 283.505]

Source: Section 276A.403 — Coordination of telecommunications systems , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276A.­html (accessed May 26, 2025).
ORS § 279a.157 — OR Code / Title 26 / Chapter 279a / Section 279a.157
279A.157 State contracting agency use of contract form, contract template or solicitation template
Status: in_force

(1) As used in this section:

(a) Intentionally left blank —Ed.

(A) “Contract form” means a document with terms and conditions that the Attorney General and the Oregon Department of Administrative Services develop, approve and make available for state contracting agencies to use without alteration, except as provided in subparagraph (B) of this paragraph, as the terms and conditions of a public contract.

(B) “Contract form” does not include specifications for a procurement, a scope of work, pricing information, information that identifies parties to the public contract or similar or related portions of a public contract that a state contracting agency necessarily develops or must alter, with approval from the Attorney General or the Oregon Department of Administrative Services, as a means of achieving the results the state contracting agency intends for the procurement.

(b) Intentionally left blank —Ed.

(A) “Contract template” means a document with terms and conditions that the Attorney General and the department develop, approve and make available for state contracting agencies to use, with appropriate alterations, as the basis for the terms and conditions of a public contract.

(B) “Contract template” does not include specifications for a procurement, a scope of work, pricing information, information that identifies parties to the public contract or similar or related portions of a public contract that a state contracting agency necessarily develops or must alter as a means of achieving the results the state contracting agency intends for the procurement.

(c) “Solicitation template” means a request for information, a request for a quotation, an invitation to bid, a request for proposals or other document for soliciting a procurement under the Public Contracting Code in which the Attorney General and the department develop, approve and make available standardized language that a state contracting agency must use, with appropriate alterations, for a solicitation.

(2) Intentionally left blank —Ed.

(a) Except as provided in paragraph (c) of this subsection, a state contracting agency shall use a solicitation template in advertising and soliciting all procurements under the Public Contracting Code and, as provided in paragraph (b) of this subsection, shall use a contract form or a contract template, as appropriate, as the basis for all public contracts into which the state contracting agency enters. A state contracting agency, in accordance with the Public Contracting Code, may negotiate the terms and conditions set forth in a contract form or contract template but may not vary the terms and conditions without the advice of the Attorney General or legal counsel that the Attorney General approves if the state contracting agency anticipates that the contract form or contract template will be the basis for a public contract with a contract price that exceeds $150,000.

(b) A state contracting agency shall use a contract form or contract template for all price agreements, cooperative procurements or procurements for which the Attorney General or the Director of the Oregon Department of Administrative Services determines that the specifications for goods or services, the terms and conditions, the scope of work or other aspects of a procurement or a class of procurements do not vary significantly among state contracting agencies, or for procurements or classes of procurements in which the Attorney General or the director determines that using a contract form or contract template is necessary for the state contracting agency to avoid unreasonable liabilities or other risks or would promote best practices in public contracting. A state contracting agency, in accordance with the Public Contracting Code, may negotiate the terms and conditions set forth in a contract form or contract template but may not vary the terms and conditions without the advice of the Attorney General or legal counsel that the Attorney General approves if the state contracting agency anticipates that the contract form or contract template will be the basis for a public contract with a contract price that exceeds $150,000.

(c) A state contracting agency may base a public contract on terms and conditions other than the terms and conditions set forth in a contract form or contract template only if:

(A) The state contracting agency receives approval from the Attorney General or, if the state contracting agency is subject to ORS 279A.140 (State procurement of goods and services) , from the Director of the Oregon Department of Administrative Services, unless the state contracting agency determines that the contract price for the public contract is unlikely to exceed $150,000;

(B) The nature of the procurement is unique and the public contract requires specific terms and conditions to accommodate the unique nature of the procurement or the state contracting agency, in accordance with provisions in the solicitation documents for the procurement, negotiated terms and conditions for the public contract that differ from the terms and conditions in a contract form or contract template;

(C) The state contracting agency consults the Attorney General, or legal counsel that the Attorney General approves, to develop appropriate terms and conditions for the public contract and for legal advice during all phases of the procurement for which the Attorney General determines that legal advice is necessary and relevant; and

(D) The state contracting agency submits the public contract to the Attorney General for approval for legal sufficiency, if the provisions of ORS 291.047 (Public contract approval by Attorney General) require the submission.

(d) This subsection does not apply to a procurement that a state contracting agency conducts under ORS 279B.065 (Small procurements) , 279B.080 (Emergency procurements) or 279C.110 (Selection procedures for consultants to provide services) (11).

(3) Notwithstanding provisions of this section that require a state contracting agency to use a solicitation template, contract form or contract template that the Attorney General and the department develop, the office of the Secretary of State and the office of the State Treasurer shall use standardized forms and templates that each office develops for each office’s own use in conducting procurements or entering into public contracts. The Secretary of State and the State Treasurer may elect to use solicitation templates, contract forms or contract templates that the Attorney General and the department develop.

(4) The Attorney General and the Director of the Oregon Department of Administrative Services shall cooperate to:

(a) Develop and make available solicitation templates, contract forms and contract templates for procurements or classes of procurements that state contracting agencies require; and

(b) Adopt rules under ORS 279A.065 (Model rules generally) to implement the provisions of this section. [2015 c.646 §2; 2019 c.55 §2]

Source: Section 279A.157 — State contracting agency use of contract form, contract template or solicitation template; exceptions and exemptions; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279A.­html (accessed May 26, 2025).
ORS § 279a.180 — OR Code / Title 26 / Chapter 279a / Section 279a.180
279A.180 Purchases through federal programs
Status: in_force

Notwithstanding any other provision of the Public Contracting Code, a procurement may be made without competitive sealed bidding, competitive sealed proposals or other competition required under ORS 279B.050 (Methods of source selection) to 279B.085 (Special procurements) provided that:

(1) The procurement is made in accordance with rules adopted by the contracting agency for procurements under this section; and

(2) The procurement is made under 10 U.S.C. 381, the Electronic Government Act of 2002 (P.L. 107-347) or other federal law that is, as determined by the Director of the Oregon Department of Administrative Services or a local contract review board, similar to 10 U.S.C. 381 or section 211 of the Electronic Government Act of 2002 in effectuating or promoting transfers of property to contracting agencies. [2003 c.794 §22]

Source: Section 279A.180 — Purchases through federal programs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279A.­html (accessed May 26, 2025).
ORS § 276a.500 — OR Code / Title 26 / Chapter 276a / Section 276a.500
276A.500 Definitions
Status: in_force

As used in ORS 276A.500 (Definitions) to 276A.515 (State geographic information officer) :

(1) “Critical infrastructure information” means information about infrastructure that is so vital to this state or the United States that the incapacity or destruction of the infrastructure would detrimentally affect the personal and economic security, health or safety of residents of this state, including information about the security of items listed in ORS 192.355 (Public records exempt from disclosure) (33).

(2) “Custodian” has the meaning given that term in ORS 192.311 (Definitions for ORS 192.311 to 192.478) (2)(b).

(3) “Geographic information” means geographic data as that term is defined in ORS 276A.203 (State Chief Information Officer) (4)(b).

(4) “Geographic information system” has the meaning given that term in ORS 276A.203 (State Chief Information Officer) (4)(b).

(5) “Geospatial framework data” means geographic information that a public body, under applicable provisions of law or on the basis of scientific methodology, technical standards or technical expertise, creates, generates, provides or aggregates and that the Oregon Geographic Information Council, in consultation with the public body, identifies as necessary to support the business processes of a governmental agency.

(6) “Public body” has the meaning given that term in ORS 174.109 (“Public body” defined) . [2017 c.166 §1]

Source: Section 276A.500 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276A.­html (accessed May 26, 2025).
ORS § 276a.365 — OR Code / Title 26 / Chapter 276a / Section 276a.365
276A.365 Information management by state agencies
Status: in_force

(1) A state agency shall manage information as a strategic asset throughout the information’s life cycle. To improve the management of information resources and reinforce the state’s presumption of openness, an agency shall:

(a) Collect or create information in a way that supports downstream processing and dissemination activities, including:

(A) Using machine-readable and open formats;

(B) Using data standards approved by the Chief Data Officer in the collection and creation of information in order to promote data interoperability and openness;

(C) Ensuring information stewardship through the use of open licenses; and

(D) Using common core and extensible metadata.

(b) Build information systems to support interoperability and information accessibility.

(c) Strengthen data management and release practices to ensure agency data assets are managed and maintained throughout the assets’ life cycle by:

(A) Adopting effective data asset portfolio management approaches.

(B) Creating and maintaining an inventory of agency information resources to be included in the enterprise data inventory.

(C) Creating and maintaining a public data listing, including datasets that can be made publicly available but that have not yet been released.

(D) Establishing a process to engage with customers and the public to help facilitate and prioritize data release.

(E) Clarifying roles and responsibilities for promoting efficient and effective data release practices.

(d) Strengthen measures to ensure that privacy and confidentiality are fully protected and that data are properly secured.

(e) Account for the mosaic effect of data aggregation.

(f) Incorporate new interoperability and openness requirements into core agency processes.

(2) A state agency shall integrate the following minimum requirements into the project planning documentation and technical design for all new information systems and systems preparing for modernization, as appropriate:

(a) System designs must be scalable and flexible and must facilitate the extraction of data in multiple formats, using standards and specifications in the system design that promote industry best practices for data sharing, and separation of data from the application layer to maximize data reuse opportunities;

(b) All data outputs of the associated system must meet the requirements described in paragraph (a) of this subsection; and

(c) Data schemata and dictionaries must be documented and shared with internal partners and the State Chief Information Officer.

(3) Intentionally left blank —Ed.

(a) A state agency’s use of proprietary software may not diminish the ability of the public to inspect and copy a public record.

(b) A state agency may not enter into a contract for the creation of a public records database that impairs the ability of the public to inspect or copy the public records of the state agency, including but not limited to the documentation described in subsection (2)(c) of this section. [2017 c.720 §6]

Source: Section 276A.365 — Information management by state agencies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276A.­html (accessed May 26, 2025).
ORS § 279c.375 — OR Code / Title 26 / Chapter 279c / Section 279c.375
279C.375 Award and execution of contract
Status: in_force

(1) After a contracting agency has opened bids and determined that the contracting agency will award a public improvement contract, the contracting agency shall award the contract to the lowest responsible bidder.

(2) At least seven days before awarding 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 bidder or post, electronically or otherwise, a notice of the contracting agency’s intent to award a contract. This subsection does not apply to a contract to which competitive bidding does not apply under ORS 279C.335 (Competitive bidding requirement) (1)(c) or (d). The notice and the manner in which the notice is posted or issued must conform to rules adopted under ORS 279A.065 (Model rules generally) .

(3) In determining the lowest responsible bidder, a contracting agency shall do all of the following:

(a) Check the list created by the Construction Contractors Board under ORS 701.227 (Disqualification from eligibility for certain public contracts) for bidders who are not qualified to hold a public improvement contract.

(b) Determine whether the bidder is responsible. A responsible bidder must demonstrate to the contracting agency that the bidder:

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

(B) Holds current licenses that businesses or service professionals operating in this state must hold in order to undertake or perform the work specified in the contract.

(C) Is covered by liability insurance and other insurance in amounts the contracting agency requires in the solicitation documents.

(D) Qualifies as a carrier-insured employer or a self-insured employer under ORS 656.407 (Qualifications of insured employers) or has elected coverage under ORS 656.128 (Sole proprietors, limited liability company members, partners, independent contractors may elect coverage by insurer) .

(E) Has made the disclosure required under ORS 279C.370 (First-tier subcontractor disclosure) .

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

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

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

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

(J) Has agreed in the bid or proposal to be bound by the terms and conditions of a community benefit contract, if the public improvement contract is a community benefit contract.

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

(c) Document the contracting agency’s compliance with the requirements of paragraphs (a) and (b) of this subsection in substantially the following form:

Project Name: ____________

Bid Number: ____________

Business Entity Name: ____________

CCB License Number: ____________

Form Submitted By (Contracting Agency):

___________________________

Form Submitted By (Contracting Agency Representative’s Name): ____________

Title: ____________

Date: ____________

(The contracting agency must submit this form with attachments, if any, to the

Construction Contractors Board within 30 days after the date of contract award.)

The contracting agency has (check all of the following):

[ ] Checked the list created by the

Construction Contractors Board

under ORS 701.227 (Disqualification from eligibility for certain public contracts) for bidders who

are not qualified to hold a public

improvement contract.

[ ] Determined whether the bidder has

met the standards of responsibility.

In so doing, the contracting agency

has found that the bidder

demonstrated that the bidder:

[ ] Has available the appropriate

financial, material, equipment,

facility and personnel resources

and expertise, or the ability to

obtain the resources and

expertise, necessary to meet

all contractual responsibilities.

[ ] Holds current licenses that

businesses or service professionals

operating in this state must hold

in order to undertake or perform

the work specified in the contract.

[ ] Is covered by liability insurance

and other insurance in amounts

required in the solicitation

documents.

[ ] Qualifies as a carrier-insured

employer or a self-insured

employer under ORS 656.407 (Qualifications of insured employers) or has

elected coverage under ORS 656.128 (Sole proprietors, limited liability company members, partners, independent contractors may elect coverage by insurer) .

[ ] Has disclosed the bidder’s first-

tier subcontractors in accordance

with ORS 279C.370 (First-tier subcontractor disclosure) .

[ ] Has a satisfactory record of

performance.

[ ] Has a satisfactory record of

integrity.

[ ] Is legally qualified to contract

with the contracting agency.

[ ] Possesses a certificate that

the Oregon Department of

Administrative Services issued under

ORS 279A.167 (Certification program for training in pay equity provisions of state law) .

[ ] Agrees to be bound by the terms

and conditions of a community

benefit contract if the public

contract is a community

benefit contract.

[ ] Has supplied all necessary

information in connection with

the inquiry concerning

responsibility.

[ ] Determined the bidder to be

(check one of the following):

[ ] Responsible under ORS 279C.375 (Award and execution of contract)

(3) Intentionally left blank —Ed.

(a) and (b).

[ ] Not responsible under

ORS 279C.375 (Award and execution of contract) (3)(a) and (b).

(Attach documentation if the contracting agency finds the bidder not to be responsible.)

(d) Submit the form described in paragraph (c) of this subsection, with any attachments, to the Construction Contractors Board within 30 days after the date the contracting agency awards the contract.

(4) The successful bidder shall:

(a) Promptly execute a formal contract; and

(b) Execute and deliver to the contracting agency a performance bond and a payment bond when required under ORS 279C.380 (Performance bond) .

(5) Based on competitive bids, a contracting agency may award a public improvement contract or may award multiple public improvement contracts when specified in the invitation to bid.

(6) A contracting agency may not exclude a commercial contractor from competing for a public contract on the basis that the license issued by the Construction Contractors Board is endorsed as a level 1 or level 2 license. As used in this section, “commercial contractor” has the meaning given that term in ORS 701.005 (Definitions) . [2003 c.794 §117; 2005 c.103 §§17,18; 2005 c.376 §1; 2007 c.764 §§26,27; 2007 c.836 §§42,43; 2009 c.880 §§9,9a; 2015 c.454 §5; 2021 c.488 §3]

Source: Section 279C.375 — Award and execution of contract; determination of responsibility of bidder; bonds; impermissible exclusions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 276a.306 — OR Code / Title 26 / Chapter 276a / Section 276a.306
276A.306 Information security incidents and assessments
Status: in_force

(1) As used in this section:

(a) “Information resources” means data and the means for storing, retrieving, connecting or using data, including but not limited to records, files, databases, documents, software, equipment and facilities that a state agency owns or leases.

(b) “Information security assessment” means:

(A) An organized method to determine a risk to or a vulnerability of a state agency’s information system or a third party information service to which a state agency subscribes; and

(B) An independent examination and review of records, logs, policies, activities and practices to:

(i) Assess whether a state agency’s information system is vulnerable to an information security incident;

(ii) Ensure compliance with rules, policies, standards and procedures that the State Chief Information Officer or a state agency, under the state agency’s independent authority, adopts or otherwise promulgates; and

(iii) Recommend necessary changes to a state agency’s rules, policies, standards and procedures to ensure compliance and prevent information security incidents.

(c) “Information security incident” means an incident that creates a risk of harm to a state agency or the state agency’s operations and in which:

(A) Access to, or viewing, copying, transmission, theft or usage of, a state agency’s sensitive, protected or confidential information occurs without authorization from the state agency;

(B) A failure of compliance with a state agency’s security or acceptable use policies or practices occurs that results in access to a state agency’s information system or information resources for viewing, copying, transmission, theft or use without the state agency’s authorization; or

(C) A state agency’s information system or information resources or a third party information service to which a state agency subscribes becomes unavailable in a reliable and timely manner to authorized individuals or organizations, or is modified or deleted under circumstances that the state agency does not intend, plan or initiate.

(d) Intentionally left blank —Ed.

(A) “Information system” means a system of computers and related hardware, software, storage media and networks and any other means by which a state agency collects, uses or manages the state agency’s information resources.

(B) “Information system” does not include a third party information service to which a state agency subscribes if the third party information service incorporates or uses hardware, software, storage media and networks that the state agency does not own or lease or that the state agency does not have the legal authority to directly monitor or control.

(e) “State agency” means an officer, board, commission, department, agency or institute of state government, as defined in ORS 174.111 (“State government” defined) , except:

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

(B) The Oregon State Lottery and entities with which the Oregon State Lottery has a contract or agreement with respect to the Oregon State Lottery’s gaming systems or networks.

(2) A state agency shall promptly notify the Legislative Fiscal Office of an information security incident and describe the actions the state agency has taken or must reasonably take to prevent, mitigate or recover from damage to, unauthorized access to, unauthorized modifications or deletions of or other impairments of the integrity of the state agency’s information system or information resources.

(3) Each state agency shall periodically conduct or contract for an information security assessment of the state agency’s information system and information resources and shall request results from a third party’s information security assessment of an information service that the third party provides and to which the state agency subscribes. Each state agency shall notify the Legislative Fiscal Office of the information security assessment after the state agency receives the results of the information security assessment.

(4) Intentionally left blank —Ed.

(a) The State Chief Information Officer, the Secretary of State, the State Treasurer, the Attorney General, the State Court Administrator and the Legislative Administrator shall each submit to, and present in an appropriate hearing or other proceeding before, the Joint Legislative Committee on Information Management and Technology an annual report concerning the security of the information systems and information resources over which the State Chief Information Officer, the Secretary of State, the State Treasurer, the Attorney General, the State Court Administrator or the Legislative Administrator has direct or supervisory control.

(b) The annual report described in paragraph (a) of this subsection may not include information security information or other materials that are exempt from disclosure under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) .

(5) Intentionally left blank —Ed.

(a) The Legislative Fiscal Office shall use the notifications the office receives under subsections (2) and (3) of this section, and any other information about an information security assessment or an information security incident that a state agency provides to the office, via a method and at a level of detail to which the state agency and the office agree, solely for the purpose of providing support and assistance to the Joint Legislative Committee on Information Management and Technology, the Joint Committee on Ways and Means and the Joint Legislative Audit Committee.

(b) Intentionally left blank —Ed.

(A) Except as provided in subparagraph (B) of this paragraph, the Legislative Fiscal Officer or an employee of the Legislative Fiscal Office may not disclose to any other person the nature or contents of the notifications that the office receives under subsections (2) and (3) of this section or any other information described in paragraph (a) of this subsection to the extent that the notifications or the information are exempt from disclosure under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) .

(B) The Legislative Fiscal Officer or an employee of the Legislative Fiscal Office may disclose the nature or contents of the notifications or information described in subparagraph (A) of this paragraph if the officer or employee obtains the written consent of:

(i) The State Chief Information Officer, with respect to notifications and information that a state agency within the executive department, as defined in ORS 174.112 (“Executive department” defined) , provided;

(ii) The Secretary of State, with respect to notifications and information that the office of the Secretary of State provided;

(iii) The State Treasurer, with respect to notifications and information that the office of the State Treasurer provided;

(iv) The Attorney General, with respect to notifications and information that the Department of Justice provided;

(v) The State Court Administrator, with respect to notifications and information that a court or a state agency within the judicial department, as defined in ORS 174.113 (“Judicial department” defined) , provided; or

(vi) The Legislative Administrator, with respect to notifications and information that a state agency within the legislative department, as defined in ORS 174.114 (“Legislative department” defined) , provided. [2016 c.110 §1]

Source: Section 276A.306 — Information security incidents and assessments; reports , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276A.­html (accessed May 26, 2025).
ORS § 279c.305 — OR Code / Title 26 / Chapter 279c / Section 279c.305
279C.305 Least-cost policy for public improvements
Status: in_force

(1) The policy of the State of Oregon is that contracting agencies shall make every effort to construct public improvements at the least cost to the contracting agency.

(2) Intentionally left blank —Ed.

(a) Not less than 30 days before adopting a budget for the subsequent budget period or before starting to construct a public improvement, each contracting agency shall prepare and file with the Commissioner of the Bureau of Labor and Industries a list of every public improvement that the contracting agency plans to fund in the budget period, identifying each improvement by name and estimating the total on-site construction costs. The list must also state whether the contracting agency intends to perform the construction through a private contractor.

(b) If the contracting agency intends to use the contracting agency’s own equipment or personnel to perform construction work on a public improvement, and the estimated value of the construction work that the contracting agency intends to perform with the contracting agency’s own equipment or personnel exceeds $200,000, the contracting agency shall file with the commissioner not later than 180 days before construction begins on the public improvement an analysis that shows that the contracting agency’s decision conforms to the policy stated in subsection (1) of this section. The list and the analysis are public records and the contracting agency may periodically revise the list or analysis.

(3) As part of the analysis required under subsection (2)(b) of this section, a contracting agency shall:

(a) Estimate the cost of contracting with a private contractor to construct the public improvement, including in the estimate all necessary and related costs that the private contractor would incur to construct the public improvement;

(b) Estimate the costs the contracting agency would incur in constructing the public improvement with the contracting agency’s own equipment or personnel and include in the estimate:

(A) The cost of labor, including all benefits the contracting agency pays to or on behalf of employees of the contracting agency who will work on the public improvement, workers’ compensation insurance premiums and the cost of traveling to and from the site of the public improvement;

(B) The cost of equipment, including costs associated with leasing, renting or acquiring and owning the equipment, costs for transporting the equipment to and from the site of the public improvement, costs for depreciation and costs for insuring, operating, storing, repairing and maintaining the equipment;

(C) The costs of administration and overhead the contracting agency will incur, including insurance, shop and office costs that are allocable to the public improvement;

(D) The cost of tools and materials;

(E) The costs associated with any contracts into which the contracting agency must enter;

(F) The commercially reasonable value of quality control testing if the contracting agency would require quality control testing for the work that a private contractor performed on the public improvement; and

(G) Any other necessary and related costs that the contracting agency will incur to construct the public improvement with the contracting agency’s own equipment or personnel; and

(c) Compare the cost the contracting agency estimates under paragraph (a) of this subsection with the cost the contracting agency estimates under paragraph (b) of this subsection.

(4) Before a contracting agency constructs a public improvement with the contracting agency’s own equipment or personnel, the contracting agency shall:

(a) Prepare plans, specifications and estimates of the unit cost of each classification of construction work that are sufficient to control the performance of the construction work and ensure satisfactory construction quality, if the estimated cost of the public improvement exceeds $200,000; and

(b) Prepare and preserve a full, true and accurate account of the actual costs of performing the work, including all categories of costs described in subsection (3)(b) of this section. The final account of the costs is a public record.

(5) Subsections (2) to (4) of this section do not apply to a contracting agency if:

(a) The public improvement is for distributing or transmitting electric power; or

(b) The contracting agency did not receive a responsive bid or proposal for constructing the public improvement from a responsible bidder or proposer after soliciting bids or proposals for constructing the public improvement, if the solicitation:

(A) Occurred within one year before the date on which construction began; and

(B) Allowed a commercially reasonable time in which to perform the construction.

(6) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, for purposes of this section, resurfacing highways, roads or streets at a depth of two or more inches and at an estimated cost that exceeds $125,000 is a public improvement that is subject to the listing, analysis and accounting provisions of subsections (2) to (4) of this section.

(b) A public improvement does not include placing maintenance patching, chip seals or other seals as a maintenance treatment on highways, roads, streets or bridges.

(c) A contracting agency shall prepare and preserve a full, true and accurate account of the actual costs of performing road or street resurfacing if the actual or estimated cost of the highway, road or street resurfacing exceeds $125,000.

(7) Intentionally left blank —Ed.

(a) The Bureau of Labor and Industries shall conduct a review of:

(A) The costs described in subsection (3) of this section to determine whether contracting agencies must adjust the methodology for calculating the costs;

(B) The threshold amounts specified for conducting the analysis described in subsection (2)(b) of this section and preparing the specifications and cost estimates described in subsection (4) of this section to determine whether to adjust the threshold amounts; and

(C) Other aspects of the implementation of the policy set forth in subsection (1) of this section.

(b) The bureau shall conduct the review described in paragraph (a) of this subsection every four years, beginning in the last calendar quarter of 2021, and in consultation with affected contracting agencies, contractors and trade associations. The bureau shall communicate the results of the review to all contracting agencies, shall make the results available to interested persons upon request and shall report the results to the Legislative Assembly not later than January 1 of the calendar year that follows the year in which the bureau conducted the review. [2003 c.794 §98; 2017 c.715 §1]

Source: Section 279C.305 — Least-cost policy for public improvements; requirement to file list of planned projects and estimated costs and to identify projects contracting agency intends to complete with own personnel and resources; required analysis; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 279c.855 — OR Code / Title 26 / Chapter 279c / Section 279c.855
279C.855 Liability for violations
Status: in_force

(1) A contractor or subcontractor or contractor’s or subcontractor’s surety that violates the provisions of ORS 279C.840 (Payment of prevailing rate of wage) is liable to the workers affected in the amount of the workers’ unpaid minimum wages, including all fringe benefits, and in an additional amount equal to the unpaid wages as liquidated damages.

(2) Actions to enforce liability to workers under subsection (1) of this section may be brought as actions on contractors’ bonds as provided for in ORS 279C.610 (Action on contractor’s public works bond or payment bond) .

(3) If a public agency fails to provide in the advertisement for bids, the request for bids, the contract specifications, the accepted bid or elsewhere in the contract documents that the contractor and any subcontractor must comply with ORS 279C.840 (Payment of prevailing rate of wage) , the liability of the public agency for unpaid minimum wages, as described in subsection (1) of this section, is joint and several with a contractor or subcontractor that had notice of the requirement to comply with ORS 279C.840 (Payment of prevailing rate of wage) .

(4) If a public works project is subject to the Davis-Bacon Act, 40 U.S.C. 3141 et seq., and a public agency fails to include the state and federal prevailing rates of wage in the specifications for the contract for public works as required under ORS 279C.830 (Provisions concerning prevailing rate of wage in specifications, contracts and subcontracts) (1)(a), or fails to provide in the contract that workers on the public works must be paid not less than the higher of the applicable state or federal prevailing rate of wage as required under ORS 279C.830 (Provisions concerning prevailing rate of wage in specifications, contracts and subcontracts) (1)(d), the public agency is liable to each affected worker for:

(a) The worker’s unpaid minimum wages, including fringe benefits, in an amount that equals, for each hour worked, the difference between the applicable higher rate of wage and the lower rate of wage; and

(b) An additional amount, equal to the amount of unpaid minimum wages due under paragraph (a) of this subsection, as liquidated damages.

(5) The Commissioner of the Bureau of Labor and Industries may enforce the provisions of subsections (3) and (4) of this section by a civil action under ORS 279C.850 (Inspection to determine whether prevailing rate of wage being paid) (4), by a civil action on an assigned wage claim under ORS 652.330 (Powers and duties of commissioner in enforcing wage claims) , or by an administrative proceeding on an assigned wage claim under ORS 652.332 (Administrative proceeding for wage claim collection) . [2003 c.794 §171; 2007 c.844 §6; 2011 c.265 §3]

Source: Section 279C.855 — Liability for violations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 279a.075 — OR Code / Title 26 / Chapter 279a / Section 279a.075
279A.075 Delegation
Status: in_force

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

(2) The Secretary of State, State Treasurer, Director of the Oregon Department of Administrative Services, State Chief Information Officer and Director of Transportation and other heads of state agencies with specific limited authority identified in ORS 279A.050 (Procurement authority) (6) may delegate authority to contract for and manage public contracts for their offices or agencies. The State Chief Information Officer may require the Director of the Oregon Department of Administrative Services to obtain the State Chief Information Officer’s review and approval before the director delegates authority to a state contracting agency to conduct a procurement for information technology or telecommunications. [2003 c.794 §12; 2015 c.807 §23]

DISADVANTAGED BUSINESS ENTERPRISES, MINORITY-OWNED BUSINESSES, WOMAN-OWNED BUSINESSES, VETERAN-OWNED BUSINESSES AND EMERGING SMALL BUSINESSES

Source: Section 279A.075 — Delegation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279A.­html (accessed May 26, 2025).
ORS § 282.020 — OR Code / Title 26 / Chapter 282 / Section 282.020
282.020 Control of state printing and printing purchases
Status: in_force

(1) The Director of the Oregon Department of Administrative Services or the designee of the director shall:

(a) Control and manage all state printing.

(b) Control all state printing purchases, including those outside of the Oregon Department of Administrative Services; and any printing conducted outside of the department on behalf of state government may be conducted only through authority of the director or the director’s designee.

(2) Printing and binding that advertises or promotes products, agricultural or manufactured, shall not be considered state printing.

(3) The director or the director’s designee may advertise for bids and award contracts for state printing, but the policy of the director or the director’s designee in deciding what work shall be let by contract shall be dictated by questions of good business and economy. [Amended by 1959 c.293 §1; 1975 c.605 §2; 1995 c.452 §11; 2001 c.539 §2]

Source: Section 282.020 — Control of state printing and printing purchases , https://www.­oregonlegislature.­gov/bills_laws/ors/ors282.­html (accessed May 26, 2025).
ORS § 279c.460 — OR Code / Title 26 / Chapter 279c / Section 279c.460
279C.460 Action by or on behalf of adversely affected bidder or proposer
Status: in_force

(1) Any bidder or proposer adversely affected or any trade association of construction contractors acting on behalf of a member of the association to protect interests common to construction contractor members may commence an action in the circuit court for the county where the principal offices of a contracting agency are located, for the purpose of requiring compliance with, or prevention of violations of, ORS 279C.300 (Policy on competition) to 279C.470 (Compensation for contractor on contract declared void by court) or to determine the applicability of ORS 279C.300 (Policy on competition) to 279C.470 (Compensation for contractor on contract declared void by court) to matters or decisions of the contracting agency.

(2) The court may order such equitable relief as the court considers appropriate in the circumstances. In addition to or in lieu of any equitable relief, the court may award an aggrieved bidder or proposer any damages suffered by the bidder or proposer as a result of violations of ORS 279C.300 (Policy on competition) to 279C.470 (Compensation for contractor on contract declared void by court) for the reasonable cost of preparing and submitting a bid or proposal. A decision of the contracting agency may not be voided if other equitable relief is available.

(3) If the contracting agency is successful in defending the contracting agency’s actions against claims of violation or potential violation of ORS 279C.300 (Policy on competition) to 279C.470 (Compensation for contractor on contract declared void by court) , the court may award to the aggrieved contracting agency any damages suffered as a result of the court action.

(4) The court may order payment of reasonable attorney fees and costs on trial and on appeal to a successful party in an action brought under this section.

(5) This section does not apply to personal services contracts under 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) . [2003 c.794 §134; 2007 c.764 §33]

Source: Section 279C.460 — Action by or on behalf of adversely affected bidder or proposer; exception for personal services contract , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 279b.145 — OR Code / Title 26 / Chapter 279b / Section 279b.145
279B.145 Finality of determinations
Status: in_force

A determination under ORS 279B.030 (Demonstration that procurement will cost less than performing service with contracting agency’s own personnel and resources or that performing service is not feasible) , 279B.033 (Contents of cost analysis) , 279B.036 (Determination of feasibility of procurement) , 279B.055 (Competitive sealed bidding) (3) and (7), 279B.060 (Competitive sealed proposals) (4) and (14), 279B.075 (Sole-source procurements) , 279B.080 (Emergency procurements) , 279B.085 (Special procurements) and 279B.110 (Responsibility of bidders and proposers) is final and conclusive unless the determination is clearly erroneous, arbitrary, capricious or contrary to law. [2003 c.794 §71; 2009 c.880 §8; 2018 c.85 §§5,6]

Source: Section 279B.145 — Finality of determinations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279B.­html (accessed May 26, 2025).
ORS § 278.322 — OR Code / Title 26 / Chapter 278 / Section 278.322
278.322 Child care facility liability insurance coverage
Status: in_force

(1) The following child care facilities may obtain insurance in the same manner as a local public body may obtain insurance under ORS 30.282 (Local public body insurance) :

(a) A child-caring agency as defined in ORS 418.205 (Definitions for ORS 418.205 to 418.327, 418.330, 418.470, 418.475, 418.950 to 418.970 and 418.992 to 418.998) if the agency:

(A) Is run by a private, nonprofit agency;

(B) Is licensed, certified or otherwise authorized by the Department of Human Services; and

(C) Provides residential or psychiatric intensive day treatment services for children who have been placed in the care and custody of the state; or

(b) A child care facility as defined in ORS 329A.250 (Definitions for ORS 329A.030, 329A.250 to 329A.450 and 329A.500) .

(2) The insurance obtained under subsection (1) of this section may not cover theft or bodily injury and property damage arising out of operation of a motor vehicle by a child resident of the facility or agency. [Formerly 30.880; 2005 c.798 §1; 2016 c.106 §44]

Note: 278.322 (Child care facility liability insurance coverage) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 278 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 278.322 — Child care facility liability insurance coverage , https://www.­oregonlegislature.­gov/bills_laws/ors/ors278.­html (accessed May 26, 2025).
ORS § 279c.385 — OR Code / Title 26 / Chapter 279c / Section 279c.385
279C.385 Return or retention of bid security
Status: in_force

(1) A contracting agency shall return the bid security of the successful bidder to the bidder after the bidder:

(a) Executes the public improvement contract; and

(b) Delivers a good and sufficient performance bond, a good and sufficient payment bond and any required proof of insurance.

(2) A bidder who is awarded a contract and who fails promptly and properly to execute the contract and to deliver the performance bond, the payment bond and the proof of insurance, when bonds or insurance are required, shall forfeit the bid security that accompanied the successful bid. The bid security shall be taken and considered as liquidated damages and not as a penalty for failure of the bidder to execute the contract and deliver the bonds and proof of insurance.

(3) The contracting agency may return the bid security of unsuccessful bidders to them when the bids have been opened and the contract has been awarded, and may not retain the bid security after the contract has been duly signed. [2003 c.794 §119; 2005 c.103 §21]

Source: Section 279C.385 — Return or retention of bid security , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 282.050 — OR Code / Title 26 / Chapter 282 / Section 282.050
282.050 Multiple duplication work
Status: in_force

(1) As used in this section, unless the context otherwise requires, the term “state agency” or “agency” has the meaning given that term in ORS 291.002 (Definitions) .

(2) The Oregon Department of Administrative Services shall control and regulate the performance and production of all multiple duplication work required by state agencies and the purchase and use of multiple duplication equipment, including but not limited to xerographic or other copying devices. The department shall itself perform such duplicating services for the state agencies as may practicably and economically be performed centrally, and for that purpose may require that duplicating equipment possessed by any agency be transferred to the department. The department further may require transfers of duplicating equipment between agencies where doing so would result in efficiency and economy. Where any duplicating equipment is so transferred to the department or between agencies, the proper adjustment shall be made in the accounts and appropriation allotments of the department and of the agencies involved. [Amended by 1975 c.605 §6; 2001 c.539 §6]

Source: Section 282.050 — Multiple duplication work , https://www.­oregonlegislature.­gov/bills_laws/ors/ors282.­html (accessed May 26, 2025).
ORS § 280.450 — OR Code / Title 26 / Chapter 280 / Section 280.450
280.450 Issuance of bonds
Status: in_force

Bonds authorized 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) shall be issued in accordance with the provisions of the charter of the city relating to bonds payable from income of revenue producing facilities. Bond issues may mature at any time within 40 years from the date of issue. Bonds shall be issued as prescribed in ORS chapter 287A. [1977 c.772 §9; 1979 c.865 §6; 1981 c.94 §16; 2007 c.783 §93]

Source: Section 280.450 — Issuance of bonds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors280.­html (accessed May 26, 2025).
ORS § 279c.527 — OR Code / Title 26 / Chapter 279c / Section 279c.527
279C.527 Inclusion of amount for green energy technology or woody biomass energy technology in public improvement contract
Status: in_force

(1) As used in this section and ORS 279C.528 (State Department of Energy requirements and specifications) :

(a) Intentionally left blank —Ed.

(A) “Green energy technology” means a system that employs:

(i) Solar or geothermal energy directly for space or water heating or to generate electricity;

(ii) Building design that uses solar energy passively to reduce energy use from other sources by at least 10 percent from a level required under ORS 276.900 (Policy) to 276.915 (Energy design requirements) or achieved in buildings constructed according to state building code standards that the Department of Consumer and Business Services approves under ORS 455.496 (Standards relating to energy use and energy efficiency aspects of specialty codes) ; or

(iii) Battery storage, if the battery storage is part of a system that generates electricity from solar or geothermal energy on the site of the public building.

(B) “Green energy technology” does not include a system that:

(i) Uses water, groundwater or the ground as a heat source at temperatures less than 140 degrees Fahrenheit, or less than 128 degrees Fahrenheit if the system is used for a public school building; or

(ii) Incorporates solar energy indirectly into other methods for generating energy, such as from the action of waves on water, from hydroelectric facilities or from wind-powered turbines.

(b) Intentionally left blank —Ed.

(A) “Public building” means a building that a public body, as defined in ORS 174.109 (“Public body” defined) , owns or controls, and that is:

(i) Used or occupied by employees of the public body; or

(ii) Used for conducting public business.

(B) “Public building” does not include an airport, as defined in ORS 836.005 (Definitions) .

(c) Intentionally left blank —Ed.

(A) “Total contract price” means all of the costs a contracting agency anticipates incurring in all contracts and subcontracts involved in constructing, reconstructing or performing a major renovation of a public building including design or architecture, engineering, transportation or environmental impact assessment and planning, construction management, labor, materials, land surveying and site preparation, demolition, hazardous material removal, required reinforcements or improvements to existing structures or appurtenant infrastructure, insurance, inspections and certifications and, except as provided in subparagraph (B) of this paragraph, other costs the contracting agency would not incur but for the construction, reconstruction or major renovation of the public building.

(B) “Total contract price” does not include:

(i) Costs of advertising, soliciting, evaluating bids or proposals for or awarding a public contract;

(ii) Costs of moving contracting agency employees, equipment and furnishings from and to a public building;

(iii) Costs of locating, renting or leasing and preparing to occupy alternative facilities;

(iv) Ordinary operating costs for a public building during periods of reconstruction or renovation;

(v) Costs of storing equipment or furnishings at a site away from a public building;

(vi) Labor costs for employees of a contracting agency;

(vii) Direct costs that are solely for the purpose of retrofitting or improving a public building’s ability to withstand a seismic event; and

(viii) Costs that bear only a tenuous relationship to the construction, reconstruction or major renovation of a public building.

(d) Intentionally left blank —Ed.

(A) “Woody biomass energy technology” means a system that, for space or water heating or as a combined heat and power system, uses a boiler with a lower heating value combustion efficiency of at least 80 percent and that uses as fuel material from trees and woody plants, such as limbs, tops, needles, leaves and other woody parts, that:

(i) Grows in a forest, a woodland, a farm, a rangeland or a wildland that borders on an urban area; and

(ii) Is a by-product of forest management, agriculture, ecosystem restoration or fire prevention or related activities.

(B) “Woody biomass energy technology” does not include a system that uses for fuel:

(i) Wood pieces that have been treated with creosote, pentachlorophenol, chromated copper arsenate or other chemical preservatives; or

(ii) Municipal solid waste.

(2) Intentionally left blank —Ed.

(a) Except as otherwise provided in this section, a contracting agency that intends to enter into a public improvement contract with a total contract price of $5 million or more for constructing a public building or for reconstructing or performing a major renovation of a public building, if the cost of the reconstruction or major renovation exceeds 50 percent of the value of the public building, shall first make a determination under subsection (5) of this section as to whether green energy technology is appropriate for the public building.

(b) If a contracting agency determines that green energy technology is appropriate, the contracting agency shall ensure that the public improvement contract provides an amount equal to at least 1.5 percent of the total contract price for the purpose of including appropriate green energy technology as part of the construction, reconstruction or major renovation of the public building.

(3) Intentionally left blank —Ed.

(a) A public improvement contract to construct, reconstruct or renovate a public building may provide for constructing green energy technology, other than battery storage, at a site that is located away from the site of the public building if:

(A) Constructing green energy technology away from the site of the public building and using the energy from the green energy technology at the site of the public building is more cost-effective, taking into account additional costs associated with transmitting generated energy to the site of the public building, than is constructing and using green energy technology at the site of the public building;

(B) The green energy technology that is located away from the site of the public building is located within this state and in the same county as, or in a county adjacent to, the site of the public building; and

(C) The public improvement contract provides that all of the moneys for constructing green energy technology away from the site of the public building must fund new energy generating capacity that does not replace or constitute a purchase and use of energy generated from green energy technology that:

(i) Employs solar energy and that existed on the date that the original building permit for the public building was issued; or

(ii) Employs geothermal energy and for which construction was completed before January 1, 2013.

(b) In evaluating whether a contracting agency can construct green energy technology, other than battery storage, at a site away from the site of the public building in accordance with paragraph (a)(A) of this subsection, the contracting agency shall compare the costs of constructing green energy technology that employs a particular fuel source or method of energy generation at the site of the public building only with the corresponding costs of green energy technology that employs the same fuel source or method of energy generation at a location away from the site of the public building.

(4) Intentionally left blank —Ed.

(a) Of the amount that a contracting agency provides in a public improvement contract under subsection (2) of this section for the purpose of including green energy technology as part of the construction, reconstruction or major renovation of a public building, the contracting agency may expend as much as half or, if green energy technology is not appropriate for the public building, the entirety, as follows:

(A) If an analysis under subsection (5)(a)(B) of this section shows that the available total solar resource fraction at the site of the public building is 75 percent or less, the contracting agency may improve energy use efficiency in the public building by:

(i) Designing, engineering and constructing, reconstructing or renovating the public building to reduce or offset energy use in accordance with guidelines the State Department of Energy adopts by rule; or

(ii) Installing or preparing the public building for an installation of devices, technologies and other measures that reduce or offset energy use in accordance with guidelines the department adopts by rule.

(B) The contracting agency may include woody biomass energy technology as part of constructing, reconstructing or performing a major renovation on the public building if the woody biomass energy technology creates new energy generation capacity that did not exist on the date on which the original building permit for the public building was issued, the contracting agency has considered the potential costs of the woody biomass energy technology and:

(i) The facility that uses woody biomass energy technology is located in an area of the state that complies with standards that the Department of Environmental Quality has adopted for emissions of particulate matter; or

(ii) The contracting agency demonstrates to the Department of Environmental Quality, if the facility that uses woody biomass energy technology is located in an area that does not comply with standards the department has adopted for emissions of particulate matter, that one of the following two conditions applies:

(I) The fuel that the woody biomass energy technology uses is pelletized; or

(II) The woody biomass energy technology produces particulate matter emissions at the same level as, or a lower level than, a functionally equivalent system that is capable of producing the same energy output and that uses fuel that is pelletized.

(b) Notwithstanding a contracting agency’s demonstrations in accordance with subparagraph (B)(ii) of this paragraph, the Department of Environmental Quality may require additional emissions control technologies or specifications before the contracting agency may include woody biomass energy technology in the construction, reconstruction or major renovation of a public building.

(5) Intentionally left blank —Ed.

(a) In making a written determination as to whether green energy technology is appropriate, or whether an expenditure for a purpose described in subsection (4) of this section is suitable as an addition to or an alternative to including green energy technology in constructing, reconstructing or performing a major renovation of a public building, a contracting agency in the written determination shall:

(A) List the total contract price and specify the amount the agency intends to expend on including green energy technology or for a purpose described in subsection (4) of this section as part of the construction, reconstruction or major renovation.

(B) Show the results of an analysis of the total solar resource fraction available for use at the site on which the contracting agency intends to install green energy technology that uses solar energy for space or water heating or to generate electricity. The contracting agency may conclude that the green energy technology described in this subparagraph is appropriate if the total solar resource fraction exceeds 75 percent.

(b) The State Department of Energy shall develop a form that a contracting agency may use to prepare the written determination described in this subsection.

(6) Intentionally left blank —Ed.

(a) If a contracting agency determines that green energy technology is not appropriate for a public building, subsection (2) of this section does not apply to the public improvement contract, except that if the contracting agency determines that an expenditure for a purpose described in subsection (4) of this section is a suitable alternative, the contracting agency will make the determination specified in subsection (5) of this section for the alternative purpose. A contracting agency’s determination under this paragraph must consider whether constructing green energy technology or making an expenditure for a purpose described in subsection (4) of this section at the site of the public building is appropriate and whether constructing green energy technology, other than battery storage, away from the site of the public building and in accordance with subsection (3)(a) and (b) of this section, or making an expenditure for a purpose described in subsection (4) of this section away from the site of the public building, is appropriate.

(b) If subsection (2) of this section does not apply to the public improvement contract and the contracting agency does not choose to make an expenditure for a purpose described in subsection (4) of this section:

(A) The contracting agency shall expend an amount equal to at least 1.5 percent of the total contract price to include appropriate green energy technology or for a purpose described in subsection (4) of this section as part of a future public building project; and

(B) The amount the contracting agency expends on the future public building project in accordance with subparagraph (A) of this paragraph is in addition to any amount required under subsection (2) of this section for including appropriate green energy technology as part of the future public building project.

(7) A contracting agency may choose to consolidate in one public building, or in one location away from the site of the public building, all or a substantial portion of the green energy technology that the contracting agency would otherwise include as part of the construction, reconstruction or major renovation of one or more other public buildings if:

(a) The total amount the contracting agency expends on green energy technology is an aggregate of all of the amounts that, under this section and ORS 279C.528 (State Department of Energy requirements and specifications) , the contracting agency must expend on each of the public buildings that are part of the same project; and

(b) The project, taken as a whole, otherwise meets the requirements set forth in this section and ORS 279C.528 (State Department of Energy requirements and specifications) .

(8) Intentionally left blank —Ed.

(a) A contracting agency need not set aside the amount described in subsection (6)(b) of this section in an account or otherwise reserve moneys for a future public building at the time the contracting agency makes the determination described in subsection (5) of this section, but the contracting agency shall report the amount described in subsection (6)(b) of this section to the State Department of Energy as provided in ORS 279C.528 (State Department of Energy requirements and specifications) (2).

(b) Subsection (6)(b) of this section does not apply to a public improvement contract for which state funds are not directly or indirectly used.

(9) Intentionally left blank —Ed.

(a) This section does not exempt an authorized state agency, as defined in ORS 276.905 (Definitions for ORS 276.900 to 276.915) , from complying with ORS 276.900 (Policy) to 276.915 (Energy design requirements) , except that an authorized state agency, without complying with ORS 276.900 (Policy) to 276.915 (Energy design requirements) , may determine that green energy technology or an alternative technology described in subsection (4) of this section is appropriate to include as part of constructing, reconstructing or performing a major renovation of a public building.

(b) A contracting agency may not use an amount described in subsection (6)(b) of this section to comply with requirements set forth in ORS 276.900 (Policy) to 276.915 (Energy design requirements) or with a state building code standard that the Department of Consumer and Business Services approves under ORS 455.496 (Standards relating to energy use and energy efficiency aspects of specialty codes) .

(10) Notwithstanding the provisions of ORS 174.108 (Effect of definitions) (3), this section applies to intergovernmental entities described in ORS 174.108 (Effect of definitions) (3). [2007 c.310 §2; 2012 c.83 §1; 2013 c.612 §1; 2015 c.262 §1; 2015 c.424 §1; 2017 c.735 §1; 2019 c.160 §1]

Note: 279C.527 (Inclusion of amount for green energy technology or woody biomass energy technology in public improvement contract) and 279C.528 (State Department of Energy requirements and specifications) were added to and made a part of 279C.005 (Definitions) to 279C.670 (Application of ORS 279C.650 to 279C.670) by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 279C.527 — Inclusion of amount for green energy technology or woody biomass energy technology in public improvement contract; written determination of appropriateness; conditions, exemptions and limitations; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 279c.807 — OR Code / Title 26 / Chapter 279c / Section 279c.807
279C.807 Workforce diversity for public works projects
Status: in_force

(1) The Bureau of Labor and Industries shall develop and adopt a plan to increase diversity statewide among workers employed on projects subject to ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage) . The bureau shall develop the plan after conducting a statewide public process to solicit proposals to increase diversity and shall adopt the plan after considering proposals submitted to the bureau.

(2) The bureau shall report each year to the Legislative Assembly or to the appropriate legislative interim committee concerning progress that results from the plan adopted under this section and may submit recommendations for legislation or other measures that will improve diversity among workers employed on projects subject to ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage) . The bureau shall submit the first report no later than January 1, 2009. [2007 c.844 §9]

Note: 279C.807 (Workforce diversity for public works projects) 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.807 — Workforce diversity for public works projects , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html (accessed May 26, 2025).
ORS § 276.094 — OR Code / Title 26 / Chapter 276 / Section 276.094
276.094 Public policy for state buildings
Status: in_force

The Legislative Assembly recognizes the responsibility of the state to promote more efficient use of the state’s construction resources, to foster the preservation of buildings of historical, architectural or cultural significance and to enhance the social and economic environment within and surrounding state buildings. State buildings are to reflect the highest standards of the environmental design arts and are to contribute to the citizen’s image of accessibility and responsiveness of government. [1977 c.599 §2]

Note: See note under 276.093 (Definitions for ORS 276.093 to 276.098 and 276.440) .

Source: Section 276.094 — Public policy for state buildings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 279a.125 — OR Code / Title 26 / Chapter 279a / Section 279a.125
279A.125 Preference for recycled materials
Status: in_force

(1) Notwithstanding provisions of law requiring a contracting agency to award a contract to the lowest responsible bidder or best proposer or provider of a quotation and subject to subsection (2) of this section, a contracting agency charged with the procurement of goods for any public use shall give preference to the procurement of goods manufactured from recycled materials.

(2) A contracting agency shall give preference to goods that are certified to be made from recycled materials if:

(a) The recycled product is available;

(b) The recycled product meets applicable standards;

(c) The recycled product can be substituted for a comparable nonrecycled product; and

(d) The recycled product’s costs do not exceed the costs of nonrecycled products by more than five percent, or a higher percentage if a written determination is made by the contracting agency. [2003 c.794 §17]

Source: Section 279A.125 — Preference for recycled materials , https://www.­oregonlegislature.­gov/bills_laws/ors/ors279A.­html (accessed May 26, 2025).
ORS § 276.910 — OR Code / Title 26 / Chapter 276 / Section 276.910
276.910 Use of fuel cell power systems in state agency facilities
Status: in_force

(1) Before constructing or renovating a major facility, an authorized state agency shall, after comparing various equipment options and to the greatest extent practicable, use fuel cell power systems for emergency backup power applications and for critical power applications in lieu of other equipment options.

(2) Intentionally left blank —Ed.

(a) The State Department of Energy shall, in consultation with the Oregon Department of Administrative Services, adopt rules establishing criteria for the comparison of fuel cell power systems and other equipment options required by subsection (1) of this section.

(b) Criteria to be established under this subsection must address:

(A) The impact of emissions, including but not limited to nitrous oxide, sulfur oxide, carbon monoxide, carbon dioxide and particulates, from various equipment options, on the environment, regardless of whether the equipment is installed indoors or installed outdoors;

(B) Life cycle costs, including but not limited to acquisition costs, installation and commissioning costs, siting and permitting costs, maintenance costs and fueling and decommissioning costs; and

(C) The complexity of equipment options and any ancillary equipment. [2009 c.748 §6]

Note: 276.910 (Use of fuel cell power systems in state agency facilities) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 276 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 276.910 — Use of fuel cell power systems in state agency facilities; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).
ORS § 276.212 — OR Code / Title 26 / Chapter 276 / Section 276.212
276.212 Heat, light, communication and power systems
Status: in_force

(1) The Oregon Department of Administrative Services may, as the department deems necessary, suitable or expedient, acquire, design, erect, complete, maintain and operate:

(a) Steam heating systems, power systems, machines, engines and equipment, with necessary transmission poles and lines, pipes or conduits for the purpose of generating and furnishing steam heat, electric energy, current, light, heat and power for the public buildings and grounds.

(b) Systems for the purpose of transmitting and receiving messages by radio, telephone, telegraph or other device or system in the transaction of business of the state or in which the state is interested.

(2) To the maximum extent that is economically feasible, the department shall in lieu of diesel use biofuel, or direct-application electricity generated from biofuel, in all facilities or machinery the department acquires, designs, erects, completes, maintains or operates as stationary or backup generation for the systems described in subsection (1) of this section.

(3) The department may do all things necessary for:

(a) The delivery of steam heat, electrical current, energy, light, heat and power to the public buildings and grounds.

(b) The transmitting and receiving of messages by radio, telephone, telegraph or other device or system in the transaction of business of the state or in which the state is interested. [Amended by 1969 c.199 §32; 2023 c.553 §1]

Source: Section 276.212 — Heat, light, communication and power systems; preference for use of biofuels , https://www.­oregonlegislature.­gov/bills_laws/ors/ors276.­html (accessed May 26, 2025).