justicedao/ipfs_state_laws huggingface dataset:
137-049-0660 RFP Pricing Mechanisms (1) An RFP may result in a Contract with a lump-sum Contract Price or a fixed Contract Price, as in the case of competitive bidding. Alternatively, an RFP may result in a cost reimbursement Contract with a GMP or some other maximum price specified in the Contract. (2) Economic incentives or disincentives may be included to reflect stated Contracting Agency purposes related to time of completion, safety or other Public Contracting objectives, including but not limited to total least cost mechanisms such as life cycle costing. (3) A Guaranteed Maximum Price may be used as the pricing mechanism for CM/GC Services Contracts where a total Contract Price is provided in the design phase in order to assist the Contracting Agency in determining whether the project scope is within the Contracting Agency's budget, and allowing for design changes during preliminary design rather than after final design services have been completed. (a) If the collaborative process described above in this section (3) is successful, the Contractor shall propose a final GMP, which may be accepted by the Contracting Agency and included within the Contract. (b) If the collaborative process described above in this section (3) is not successful, and no mutually agreeable resolution on the GMP for the project construction Work can be achieved with the Contractor, then the Contracting Agency shall terminate the Contract. The public Contracting Agency may then proceed to negotiate a new Contract (and GMP) with the firm that was next ranked in the original selection process, or employ other means for continuing the project under ORS Chapter 279C. (4) When cost reimbursement Contracts are utilized, regardless of whether a GMP is included, the Contracting Agency shall provide for audit controls that will effectively verify rates and ensure that costs are reasonable, allowable and properly allocated. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279C.335 History: DOJ 2-2015, f. & cert. ef. 2-3-15 Reverted to DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06 DOJ 10-2014(Temp), f. & cert. ef. 7-1-14 thru 12-26-14 DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06 DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
137-049-0800 Required Contract Clauses Except as provided by OAR 137-0490-0150 and 137-049-0160, Contracting Agencies shall include in all Solicitation Documents for Public Improvement Contracts all of the ORS Chapter 279C required Contract clauses, as set forth in the checklist contained in OAR 137-049-0200(1)(c) regarding Solicitation Documents. The following series of rules provides further guidance regarding particular Public Contract provisions. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 297C.505 - 279C.545 & 279C.800 - 279C.870 History: DOJ 15-2009, f. 12-1-09, cert. ef. 1-1-10 DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
137-049-0810 Waiver of Delay Damages Against Public Policy Contracting Agencies shall not place any provision in a Public Improvement Contract purporting to waive, release, or extinguish the rights of a Contractor to damages resulting from a Contracting Agency's unreasonable delay in performing the Contract. However, Contract provisions requiring notice of delay, providing for alternative dispute resolution such as arbitration (where allowable) or mediation, providing other procedures for settling contract disputes, or providing for reasonable liquidated damages, are permissible. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279C.315 History: DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
137-049-0815 BOLI Public Works Bond Pursuant to ORS 279C.830(2), the specifications for every Public Works Contract shall contain a provision stating that the Contractor and every subcontractor must have a Public Works bond filed with the Construction Contractors Board before starting Work on the project, unless otherwise exempt. This bond is in addition to performance bond and payment bond requirements. See BOLI rule at OAR 839-025-0015. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279C.830 History: DOJ 15-2009, f. 12-1-09, cert. ef. 1-1-10 DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06
137-049-0830 Contractor Progress Payments (1) Request for progress payments. Each month the Contractor shall submit to the Contracting Agency its Written request for a progress payment based upon an estimated percentage of Contract completion. At the Contracting Agency's discretion, this request may also include the value of material to be incorporated in the completed Work that has been delivered to the premises and appropriately stored. The sum of these estimates is referred to as the "value of completed Work." With these estimates as a base, the Contracting Agency will make a progress payment to the Contractor, which shall be equal to: (a) The value of completed Work; (b) Less those amounts that have been previously paid; (c) Less other amounts that may be deductible or owing and due to the Contracting Agency for any cause; and (d) Less the appropriate amount of retainage. (2) Progress payments do not mean acceptance of Work. Progress payments shall not be construed as an acceptance or approval of any part of the Work, and shall not relieve the Contractor of responsibility for defective workmanship or material. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279C.570 History: DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
137-049-0840 Interest (1) Prompt payment policy. A Contracting Agency shall pay promptly all payments due and owing to the Contractor on Contracts for Public Improvements. (2) Interest on progress payments. Late payment interest shall begin to accrue on payments due and owing on the earlier of 30 Days after receipt of invoice or 15 Days after Contracting Agency approval of payment (the "Progress Payment Due Date"). The interest rate shall equal three times the discount rate on 90-day commercial paper in effect on the Progress Payment Due Date at the Federal Reserve Bank in the Federal Reserve district that includes Oregon, up to a maximum rate of 30 percent. (3) Interest on final payment. Final payment on the Contract Price, including retainage, shall be due and owing no later than 30 Days after Contract completion and acceptance of the Work. Late-payment interest on such final payment shall thereafter accrue at the rate of one and one-half percent per month until paid. (4) Settlement or judgment interest. In the event of a dispute as to compensation due a Contractor for Work performed, upon settlement or judgment in favor of the Contractor, interest on the amount of the settlement or judgment shall be added to, and not made part of, the settlement or judgment. Such interest, at the discount rate on 90-day commercial paper in effect at the Federal Reserve Bank in the Federal Reserve District that includes Oregon, shall accrue from the later of the Progress Payment Due Date, or thirty Days after the Contractor submitted a claim for payment to the Contracting Agency in Writing or otherwise in accordance with the Contract requirements. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279C.570 History: DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
137-049-0850 Final Inspection (1) Notification of Completion; inspection. The Contractor shall notify the Contracting Agency in Writing when the Contractor considers the Contract Work completed. Within 15 Days of receiving Contractor's notice, the Contracting Agency will inspect the project and project records, and will either accept the Work or notify the Contractor of remaining Work to be performed. (2) Acknowledgment of acceptance. When the Contracting Agency finds that all Work required under the Contract has been completed satisfactorily, the Contracting Agency shall acknowledge acceptance of the Work in Writing. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279C.570 History: DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
137-049-0860 Public Works Contracts (1) Generally. ORS 279C.800 to 279C.870 regulates Public Works Contracts, as defined in 279C.800(6), and requirements for payment of prevailing wage rates. Also see administrative rules of the Bureau of Labor and Industries (BOLI) at OAR chapter 839. (2) Required Contract Conditions. As detailed in the above statutes and rules, every Public Works Contract must contain the following provisions: (a) Contracting Agency authority to pay certain unpaid claims and charge such amounts to Contractors, as set forth in ORS 279C.515(1). (b) Maximum hours of labor and overtime, as set forth in ORS 279C.520(1). (c) Employer notice to employees of hours and days that employees may be required to work, as set forth in ORS 279C.520(2). (d) Contractor required payments for certain services related to sickness or injury, as set forth in ORS 279C.530. (e) A requirement for payment of prevailing rate of wage, as set forth in ORS 279C.830(1). If both state and federal prevailing rates of wage apply, the contract and every subcontract must provide that all workers must be paid the higher of the applicable state or federal prevailing rate of wage. (f) A requirement for filing a public works bond by contractor and every subcontractor, as set forth in ORS 279C.830(2). (3) Requirements for Specifications. The Specifications for every Public Works Contract, consisting of the procurement package (such as the project manual, Bid or Proposal booklets, request for quotes or similar procurement Specifications), must contain the following provisions: (a) The state prevailing rate of wage, and, if applicable, the federal prevailing rate of wage, as required by ORS 279C.830(1)(a): (A) Physically contained within or attached to hard copies of procurement Specifications; (B) Included by a statement incorporating the applicable wage rate publication into the Specifications by reference, in compliance with OAR 839-025-0020; or, (iii) when the rates are available electronically or by Internet access, the rates may be incorporated into the Specifications by referring to the rates and providing adequate information on how to access them in compliance with OAR 839-025-0020. (b) If both state and federal prevailing rates of wage apply, a requirement that the contractor shall pay the higher of the applicable state or federal prevailing rate of wage to all workers. See BOLI rules at OAR 839-025-0020 and 0035. (c) A requirement for filing a public works bond by contractor and every subcontractor, as set forth in ORS 279C.830(2). Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279C.800 - 279C.870, OL 2011 & ch 458 History: DOJ 10-2011, f. 11-29-11, cert. ef. 1-1-12 DOJ 15-2009, f. 12-1-09, cert. ef. 1-1-10 DOJ 19-2007, f. 12-28-07, cert. ef. 1-1-08 DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06 DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
137-049-0870 Specifications; Brand Name Products (1) Generally. The Contracting Agency's Solicitation Document shall not expressly or implicitly require any product by brand name or mark, nor shall it require the product of any particular manufacturer or seller, except pursuant to an exemption granted under ORS 279C.345(2). (2) Equivalents. A Contracting Agency may identify products by brand names as long as the following language: "approved equal"; "or equal"; "approved equivalent" or "equivalent," or similar language is included in the Solicitation Document. The Contracting Agency shall determine, in its sole discretion, whether an Offeror's alternate product is "equal" or "equivalent." Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279C.345 History: DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06 DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
137-049-0880 Records Maintenance; Right to Audit Records (1) Records Maintenance; Access. Contractors and subcontractors shall maintain all fiscal records relating to Contracts in accordance with generally accepted accounting principles ("GAAP"). In addition, Contractors and subcontractors shall maintain all other records necessary to clearly document: (i) their performance; and (ii) any claims arising from or relating to their performance under a Public Contract. Contractors and subcontractors shall make all records pertaining to their performance and any claims under a Contract (the books, fiscal records and all other records, hereafter referred to as "Records") accessible to the Contracting Agency at reasonable times and places, whether or not litigation has been filed as to such claims. (2) Inspection and Audit. A Contracting Agency may, at reasonable times and places, have access to and an opportunity to inspect, examine, copy, and audit the Records of any Person that has submitted cost or pricing data according to the terms of a Contract to the extent that the Records relate to such cost or pricing data. If the Person must provide cost or pricing data under a Contract, the Person shall maintain such Records that relate to the cost or pricing data for 3 years from the date of final payment under the Contract, unless a shorter period is otherwise authorized in Writing. (3) Records Inspection; Contract Audit. The Contracting Agency, and its authorized representatives, shall be entitled to inspect, examine, copy, and audit any Contractor's or subcontractor's Records, as provided in section 1 of this rule. The Contractor and subcontractor shall maintain the Records and keep the Records accessible and available at reasonable times and places for a minimum period of 3 years from the date of final payment under the Contract or subcontract, as applicable, or until the conclusion of any audit, controversy or litigation arising out of or related to the Contract, whichever date is later, unless a shorter period is otherwise authorized in Writing. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279A.030, 279C.375, 279C.380 & 279C.440 History: DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
137-049-0890 Contracting Agency Payment for Unpaid Labor or Supplies (1) Contract incomplete. If the Contract is still in force, the Contracting Agency may, in accordance with ORS 279C.515(1), pay a valid claim to the Person furnishing the labor or services, and charge the amount against payments due or to become due to the Contractor under the Contract. If a Contracting Agency chooses to make such a payment as provided in 279C.515(1), the Contractor and the Contractor's surety shall not be relieved from liability for unpaid claims. (2) Contract completed. If the Contract has been completed and all funds disbursed to the prime Contractor, all claims shall be referred to the Contractor's surety for resolution. The Contracting Agency shall not make payments to subcontractors or suppliers for Work already paid for by the Contracting Agency. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279C.515 History: DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
137-049-0900 Contract Suspension; Termination Procedures (1) Suspension of Work. In the event a Contracting Agency suspends performance of Work for any reason considered by the Contracting Agency to be in the public interest other than a labor dispute, the Contractor shall be entitled to a reasonable extension of Contract time, and to reasonable compensation for all costs, including a reasonable allowance for related overhead, incurred by the Contractor as a result of the suspension. (2) Termination of Contract by mutual agreement for reasons other than default. (a) Reasons for termination. The parties may agree to terminate the Contract or a divisible portion thereof if: (A) The Contracting Agency suspends Work under the Contract for any reason considered to be in the public interest (other than a labor dispute, or any judicial proceeding relating to the Work filed to resolve a labor dispute); and (B) Circumstances or conditions are such that it is impracticable within a reasonable time to proceed with a substantial portion of the Work. (b) Payment. When a Contract, or any divisible portion thereof, is terminated pursuant to this section (2), the Contracting Agency shall pay the Contractor a reasonable amount of compensation for preparatory Work completed, and for costs and expenses arising out of termination. The Contracting Agency shall also pay for all Work completed, based on the Contract Price. Unless the Work completed is subject to unit or itemized pricing under the Contract, payment shall be calculated based on percent of Contract completed. No claim for loss of anticipated profits will be allowed. (3) Public interest termination by Contracting Agency. A Contracting Agency may include in its Contracts terms detailing the circumstances under which the Contractor shall be entitled to compensation as a matter of right in the event the Contracting Agency unilaterally terminates the Contract for any reason considered by the Contracting Agency to be in the public interest. (4) Responsibility for completed Work. Termination of the Contract or a divisible portion thereof pursuant to this rule shall not relieve either the Contractor or its surety of liability for claims arising out of the Work performed. (5) Remedies cumulative. The Contracting Agency may, at its discretion, avail itself of any or all rights or remedies set forth in these rules, in the Contract, or available at law or in equity. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279C.650, 279C.655, 279C.660, 279C.665 & 279C.670 History: DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06 DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
137-050-0700 General Provisions (1) ORS 25.270 through 25.280 require that child support be calculated according to a formula. The formula is known as the "Oregon Child Support Guidelines" ("guidelines" or "guideline") and is contained in OAR 137-050-0700 through 137-050-0765 and in the "Obligation Scale" which is located in the appendix. (2) Any change to the guidelines applies to all calculations prepared on or after the effective date of the change. The court, administrator, or administrative law judge may issue a final order based on a calculation prepared prior to the guidelines change. However, if support is recalculated after the new guidelines become effective, the calculation must be prepared using the new guidelines. (3) Changes to these rules do not constitute a substantial change in circumstances for purposes of modifying a support order. (4) Calculate support for a Child Attending School who is age 18, living with a parent, and attending high school in the same manner as support for a minor child. Statutory/Other Authority: ORS 25.270 - 25.290 & 180.345 Statutes/Other Implemented: ORS 25.270 - 25.290 History: DOJ 3-2013, f. 5-15-13, cert. ef. 7-1-13 DOJ 18-2010, f. 12-20-10, cert. ef. 1-4-11 DOJ 15-2010(Temp), f. & cert. ef. 10-1-10 thru 3-22-11 DOJ 11-2010, f. & cert. ef. 7-1-10 DOJ 5-2010(Temp), f. & cert. ef. 2-12-10 thru 8-10-10 DOJ 16-2009, f. 12-1-09, cert. ef. 1-4-10
137-050-0720 Adjusted Income (1) To determine “adjusted income,” begin with income, as determined in OAR 137-050-0715, and then: (a) Deduct mandatory contributions to a union or other labor organization; (b) Deduct the parent's cost for the parent's own health insurance; (c) Deduct the parent’s monetary spousal support obligation to this or a different party, whether ordered in the same or a different proceeding, and whether paid or not; (d) Add the amount of court-ordered monetary spousal support owed to the parent, whether ordered in the same or a different proceeding, by this or a different party and whether paid or not; and (e) Subtract the non-joint child deduction described in section (2) of this rule. (2) A parent is entitled to a non-joint child income deduction when the parent is legally responsible for the support of a child not included in the current calculation. (a) To qualify for the non-joint child deduction, the minor child must reside in the parent’s household or the parent must be ordered to pay ongoing support for that child. (b) A child attending school, as defined in ORS 107.108 and OAR 137-055-5110, qualifies the parent for the non-joint child deduction only if the parent is ordered to pay ongoing support for the child attending school, or as provided in subsection (c). (c) A child who has reached the age of 18 but is not yet 19, lives with a parent and attends high school, qualifies that parent for the non-joint child deduction, whether or not the child has qualified as a Child Attending School under ORS 107.108. (d) A stepchild only qualifies a parent for the non-joint child deduction if the parent is ordered to pay ongoing support for the stepchild. (e) To calculate a parent's non-joint child deduction: (A) Apply the adjustments described in subsections 1(a)-1(d) of this rule to the parent’s income; (B) Using the parent's income after the adjustments in section 2(e)(A) of this rule and total number of joint and non-joint children, reference the obligation scale and determine the applicable support amount; and (C) Divide the result by the total number of the parent's joint and non-joint children and multiply by the number of non-joint children to determine the amount of the non-joint child deduction. (3) Determine each parent's percentage share of adjusted income by dividing the parent's adjusted income by the parents' combined adjusted income. Statutory/Other Authority: ORS 25.270 - 25.290 & 180.345 Statutes/Other Implemented: ORS 25.270 - 25.290 History: DOJ 3-2013, f. 5-15-13, cert. ef. 7-1-13 DOJ 16-2009, f. 12-1-09, cert. ef. 1-4-10
137-050-0725 Basic Support Obligation (1) The scale of basic child support obligations, found in the appendix to these rules, must be used in every support calculation made under ORS 25.270 to 25.280. The scale is based on national data on childrearing expenditures relative to family income. The scale applies regardless of where the parent resides or works. (2) Determine the basic child support obligation by referencing the scale using the number of children for whom support is sought and the combined adjusted income of the parents. (3) If the combined adjusted gross income of the parents is more than $30,000 per month, the basic child support obligation is the same for parents with combined adjusted income of $30,000 per month. (4) The basic child support obligation for more than ten children is the same as for ten children. (5) When the parents' combined income falls between two income amounts on the scale, use the lower income amount on the scale to determine the basic child support obligation. (6) Determine each parent’s share of the basic support obligation by multiplying the combined basic support obligation by the parent’s percentage share of adjusted income as provided by OAR 137-050-0720. The basic support amount may not exceed the parent's income available for support as provided in OAR 137-050-0745. NOTE: Link to the appendix (the scale): http://oregonchildsupport.gov/laws/rules/docs/guidelines_scale.pdf [ED. NOTE: Appendix referenced is available from the agency.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 25.270 - 25.290 & 180.345 Statutes/Other Implemented: ORS 25.270 - 25.290 History: DOJ 3-2013, f. 5-15-13, cert. ef. 7-1-13 DOJ 16-2009, f. 12-1-09, cert. ef. 1-4-10