reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279B - Public Contracting - Public Procurements › Section 279B.036 - Determination of feasibility of procurement.

(1) Notwithstanding the provisions of ORS 279B.033 (2)(a), a contracting agency may proceed with a procurement if the contracting agency reasonably determines in writing that using the contracting agency’s own personnel or resources to perform the services that the contracting agency intends to procure is not feasible. The contracting agency may make the determination described in this subsection without conducting a cost analysis under ORS 279B.033 if the contracting agency finds that:
(a) The contracting agency lacks the specialized capabilities, experience or technical or other expertise necessary to perform the services. In making the finding, the contracting agency shall compare the contracting agency’s capability, experience or expertise in the field most closely involved in performing the services with a potential contractor’s capability, experience or expertise in the same or a similar field.
(b) Special circumstances require the contracting agency to procure the services by contract. Special circumstances may include, but are not limited to, circumstances in which:
(A) The terms under which the contracting agency receives a grant or other funds for use in a procurement require the contracting agency to obtain services through an independent contractor;
(B) Other state or federal law requires the contracting agency to procure services through an independent contractor;
(C) The procurement is for services that are incidental to a contract for purchasing or leasing real or personal property, including service and maintenance agreements for equipment that is leased or rented;
(D) The contracting agency cannot accomplish policy, administrative or legal goals, including but not limited to avoiding conflicts of interest or ensuring independent or unbiased findings in cases when using the contracting agency’s existing personnel or persons the contracting agency could hire through a regular or ordinary process would not be suitable;
(E) The procurement is for services to which the provisions of ORS 279B.080 apply;
(F) The procurement is for services, the need for which is so urgent, temporary or occasional that attempting to perform the services with the contracting agency’s own personnel or resources would cause a delay that would frustrate the purpose for obtaining the services; or
(G) The services that the contracting agency intends to procure will be completed within six months after the date on which the contract for the services is executed.
(2) A finding or determination and supporting documentation for a finding or determination made under this section is a public record. [2009 c.880 §4]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279B - Public Contracting - Public Procurements › Section 279B.045 - Contractor warranty and covenant concerning tax law compliance.

Every public contract that is subject to this chapter must include a representation and warranty from the contractor that the contractor has complied with the tax laws of this state or a political subdivision of this state, including but not limited to ORS 305.620 and ORS chapters 316, 317 and 318. The public contract must also require a covenant from the contractor to continue to comply with the tax laws of this state or a political subdivision of this state during the term of the public contract and provide that a contractor’s failure to comply with the tax laws of this state or a political subdivision of this state before the contractor executed the public contract or during the term of the public contract is a default for which a contracting agency may terminate the public contract and seek damages and other relief available under the terms of the public contract or under applicable law. [2015 c.539 §3]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279B - Public Contracting - Public Procurements › Section 279B.050 - Methods of source selection.

(1) Except as provided in subsection (2) of this section, a contracting agency shall award a public contract for goods or services by competitive sealed bidding under ORS 279B.055 or competitive sealed proposals under ORS 279B.060.
(2) The requirements of subsection (1) of this section do not apply to public contracts established as provided in ORS 279B.065, 279B.070, 279B.075, 279B.080 or 279B.085.
(3) Notwithstanding the applicability of ORS 279B.065, 279B.070, 279B.075, 279B.080 or 279B.085 to a public contract, a contracting agency nevertheless may award the public contract under subsection (1) of this section.
(4) A local contracting agency may elect, by rule, charter, ordinance or other appropriate legislative action, to award contracts for personal services, as designated under ORS 279A.055, under the procedures of ORS 279B.050 to 279B.085.
(5) State contracting agencies shall solicit contracts for personal services in accordance with ORS 279B.050 to 279B.085. [2003 c.794 §50; 2007 c.764 §6]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279B - Public Contracting - Public Procurements › Section 279B.065 - Small procurements.

(1) A contracting agency may award a public contract for goods or services that does not exceed a contract price of $25,000 in any manner the contracting agency deems practical or convenient, including by direct selection or award. A contract awarded under this section may be amended to exceed $25,000 only in accordance with rules adopted under ORS 279A.065.
(2) A state contracting agency that awards a public contract with a contract price of $10,000 or more using a method permitted under this section shall document in the state contracting agency’s procurement file the actions the state contracting agency takes to:
(a) Comply with ORS 200.035; and
(b) Consider for the procurement businesses or enterprises that the Certification Office for Business Inclusion and Diversity certifies under ORS 200.055.
(3) A contracting agency may not artificially divide or fragment a procurement so as to constitute a small procurement under this section. [2003 c.794 §53; 2005 c.64 §1; 2005 c.103 §8b; 2013 c.66 §1; 2023 c.127 §1]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279B - Public Contracting - Public Procurements › Section 279B.070 - Intermediate procurements.

(1) A contracting agency may award a public contract for goods or services that exceeds a contract price of $25,000, but does not exceed a contract price of $250,000, as provided in subsection (4) of this section. A contract awarded under this section may be amended to exceed $250,000 only in accordance with rules adopted under ORS 279A.065.
(2) A state contracting agency that awards a public contract with a contract price of $10,000 or more using a method permitted under this section shall document in the state contracting agency’s procurement file the actions the state contracting agency takes to:
(a) Comply with ORS 200.035; and
(b) Invite to participate in the procurement qualified businesses or enterprises that the Certification Office for Business Inclusion and Diversity certifies under ORS 200.055.
(3) A contracting agency may not artificially divide or fragment a procurement so as to constitute an intermediate procurement under this section.
(4) When conducting an intermediate procurement, a contracting agency shall seek at least three informally solicited competitive price quotes or competitive proposals from prospective contractors. The contracting agency shall keep a written record of the sources of the quotes or proposals received. If three quotes or proposals are not reasonably available, fewer will suffice, but the contracting agency shall make a written record of the effort the contracting agency makes to obtain the quotes or proposals.
(5) If a contracting agency awards a public contract, the contracting agency shall award the public contract to the offeror whose quote or proposal will best serve the interests of the contracting agency, taking into account price as well as considerations including, but not limited to, experience, expertise, product functionality, suitability for a particular purpose and contractor responsibility under ORS 279B.110. [2003 c.794 §54; 2013 c.66 §2; 2023 c.127 §2]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279B - Public Contracting - Public Procurements › Section 279B.075 - Sole-source procurements.

(1) A contracting agency may award a contract for goods or services without competition if the Director of the Oregon Department of Administrative Services, a local contract review board, a state contracting agency, if the state contracting agency has procurement authority under ORS 279A.050, the State Chief Information Officer, with respect to goods or services described in subsection (2)(b) of this section and if the director has delegated the necessary authority to the State Chief Information Officer, or a person designated in writing by the director, board or state contracting agency with procurement authority under ORS 279A.050, determines in writing, in accordance with rules adopted under ORS 279A.065, that the goods or services, or class of goods or services, are available from only one source.
(2) The determination of a sole source must be based on written findings that may include:
(a) That the efficient utilization of existing goods requires acquiring compatible goods or services;
(b) That the goods or services required to exchange software or data with other public or private agencies are available from only one source;
(c) That the goods or services are for use in a pilot or an experimental project; or
(d) Other findings that support the conclusion that the goods or services are available from only one source.
(3) To the extent reasonably practical, the contracting agency shall negotiate with the sole source to obtain contract terms that are advantageous to the contracting agency. [2003 c.794 §55; 2005 c.103 §8c; 2015 c.807 §24]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279B - Public Contracting - Public Procurements › Section 279B.080 - Emergency procurements.

(1) The head of a contracting agency, or a person designated under ORS 279A.075, may make or authorize others to make emergency procurements of goods or services in an emergency. The contracting agency shall document the nature of the emergency and describe the method used for the selection of the particular contractor.
(2) For an emergency procurement of construction services that are not public improvements, the contracting agency shall ensure competition for a contract for the emergency work that is reasonable and appropriate under the emergency circumstances. In conducting the procurement, the contracting agency shall set a solicitation time period that the contracting agency determines to be reasonable under the emergency circumstances and may issue written or oral requests for offers or make direct appointments without competition in cases of extreme necessity. [2003 c.794 §56; 2007 c.764 §6a]
Note:
Section 70, chapter 13, Oregon Laws 2023, provides:
Sec. 70.
Expenditures of any appropriation made for the biennium beginning July 1, 2023, to the Housing and Community Services Department, constitute an emergency as defined in ORS 279A.010 and may be made under procurement authority described in ORS 279B.080 without documenting the nature of the emergency, if the appropriation is made to:
(1) Address homelessness in communities within the OR-505 Oregon Balance of State Continuum of Care; or
(2) Increase shelter capacity and connections to shelter, support rapid rehousing initiatives, provide capacity support for culturally responsive organizations and provide sanitation services for communities within the OR-505 Oregon Balance of State Continuum of Care. [2023 c.13 §70]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279B - Public Contracting - Public Procurements › Section 279B.100 - Cancellation, rejection, delay of invitations for bids or requests for proposals.

(1) Any solicitation or procurement described in a solicitation may be canceled, or any or all bids or proposals may be rejected in whole or in part, when the cancellation or rejection is in the best interest of the contracting agency as determined by the contracting agency. The reasons for the cancellation or rejection must be made part of the solicitation file. A contracting agency is not liable to any bidder or proposer for any loss or expense caused by or resulting from the cancellation or rejection of a solicitation, bid, proposal or award.
(2) Any solicitation or procurement described in a solicitation may be delayed or suspended when the delay or suspension is in the best interest of the contracting agency as determined by the contracting agency. The contracting agency shall make the reasons for the delay or suspension part of the solicitation file. A contracting agency is not liable to any bidder or proposer for any loss or expense caused by or resulting from the delay or suspension of a solicitation, bid, proposal or award. [2003 c.794 §58]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279B - Public Contracting - Public Procurements › Section 279B.112 - Personnel deployment disclosure; contents; preference for bidder or proposer that will employ more workers in state; rules; exception.

(1) A bidder or proposer that submits a bid or proposal for a public contract may submit with the bid or proposal a personnel deployment disclosure. A personnel deployment disclosure that a bidder or proposer submits under this section must state:
(a) The number of workers that the bidder or proposer and the bidder or proposer’s subcontractors plan to deploy to perform the work described in the invitation to bid or the request for proposals;
(b) The number of workers that the bidder or proposer and the bidder’s or proposer’s first-tier subcontractors will employ within this state; and
(c) The number of jobs in each of the categories described in paragraphs (a) and (b) of this subsection that would be a newly created job.
(2) A state contracting agency that receives a personnel deployment disclosure from a bidder or proposer under subsection (1) of this section may consider the personnel deployment disclosure in evaluating a bid or proposal if the contracting agency states in the solicitation documents for a procurement that the state contracting agency will consider a personnel deployment disclosure. The state contracting agency may give a preference to a bid or proposal that states that the bidder or proposer will employ more workers within this state than a competing bid or proposal if the bids or proposals otherwise suit the state contracting agency’s specifications for the procurement equally well.
(3) The Director of the Oregon Department of Administrative Services, the Attorney General and a state contracting agency that adopts rules under ORS 279A.065 may adopt rules to prescribe the form and contents of a personnel deployment disclosure and otherwise to implement the provisions of this section.
(4) This section does not apply to the Secretary of State or the State Treasurer. [2012 c.53 §6]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279B - Public Contracting - Public Procurements › Section 279B.115 - Qualified products lists.

(1) A contracting agency may develop and maintain a qualified products list in instances in which the testing or examination of goods before initiating a procurement is necessary or desirable in order to best satisfy the requirements of the contracting agency. For purposes of this section, "goods" includes products that have associated or incidental service components, such as supplier warranty obligations or maintenance service programs.
(2) In the initial development of any qualified products list, a contracting agency shall give public notice, in accordance with ORS 279B.055 (4), of the opportunity for potential contractors, sellers or suppliers to submit goods for testing and examination to determine their acceptability for inclusion on the list and may solicit in writing representative groups of potential contractors, sellers or suppliers to submit goods for the testing and examination. Any potential contractor, seller or supplier, even though not solicited, may offer its goods for consideration.
(3) A contracting agency’s inclusion of goods on a qualified products list shall be based on the results of tests or examinations. Notwithstanding any provision of ORS 192.311 to 192.478, a contracting agency may make the test or examination results public in a manner that protects the identity of the potential contractor, seller or supplier that offered the goods for testing or examination, including by using only numerical designations. Notwithstanding any provision of ORS 192.311 to 192.478, a contracting agency may keep confidential trade secrets, test data and similar information provided by a potential contractor, seller or supplier if so requested in writing by the potential contractor, seller or supplier.
(4) The inclusion of goods on a qualified products list does not constitute and may not be construed as a prequalification under ORS 279B.120 and 279B.125 of any prospective contractor, seller or supplier of goods on the qualified products list. [2003 c.794 §60]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279B - Public Contracting - Public Procurements › Section 279B.120 - Prequalification of prospective bidders and proposers.

(1) A contracting agency may prequalify prospective bidders or proposers to submit bids or proposals for public contracts to provide particular types of goods or services. The method of submitting prequalification applications, the information required in order to be prequalified and the forms to be used for submitting prequalification information shall be determined by the contracting agency unless otherwise prescribed by rule adopted by the Director of the Oregon Department of Administrative Services or the local contract review board.
(2) The contracting agency shall, in response to the receipt of a prequalification application submitted under subsection (1) of this section, notify the prospective bidder or proposer whether the prospective bidder or proposer is qualified based on the standards of responsibility listed in ORS 279B.110 (2), the type and nature of contracts that the prospective bidder or proposer is qualified to compete for and the time period for which the prequalification is valid. If the contracting agency does not prequalify a prospective bidder or proposer as to any contracts covered by the prequalification process, the notice must specify which of the standards of responsibility listed in ORS 279B.110 (2) the prospective bidder or proposer failed to meet. Unless the reasons are specified, the prospective bidder or proposer shall be deemed to have been prequalified in accordance with the application.
(3) If a contracting agency subsequently discovers that a prospective bidder or proposer that prequalified under subsections (1) and (2) of this section is no longer qualified, the agency may revoke the prequalification upon reasonable notice to the prospective bidder or proposer, except that a revocation is invalid as to any contract for which an advertisement for bids or proposals has already been issued. [2003 c.794 §61]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279B - Public Contracting - Public Procurements › Section 279B.130 - Debarment of prospective bidders and proposers.

(1)(a) A contracting agency may debar a prospective bidder or proposer from consideration for award of the contracting agency’s contracts for the reasons listed in subsection (2) of this section after providing the prospective bidder or proposer with notice and a reasonable opportunity to be heard.
(b) A contracting agency may not debar a prospective bidder or proposer under this section for more than three years.
(2) A prospective bidder or proposer may be debarred from consideration for award of a contracting agency’s contracts if:
(a) The prospective bidder or proposer has been convicted of a criminal offense as an incident in obtaining or attempting to obtain a public or private contract or subcontract or in the performance of a public or private contract or subcontract.
(b) The prospective bidder or proposer has been convicted under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty that currently, seriously and directly affects the prospective bidder’s or proposer’s responsibility as a contractor.
(c) The prospective bidder or proposer has been convicted under state or federal antitrust statutes.
(d) The prospective bidder or proposer has committed a violation of a contract provision that is regarded by the contracting agency or the Construction Contractors Board to be so serious as to justify disqualification. A violation may include but is not limited to a failure to perform the terms of a contract or an unsatisfactory performance in accordance with the terms of the contract. However, a failure to perform or an unsatisfactory performance caused by acts beyond the control of the contractor may not be considered to be a basis for debarment.
(e) The prospective bidder or proposer does not carry workers’ compensation or unemployment insurance as required by statute.
(3) A contracting agency shall issue a written decision to debar a prospective bidder or proposer under this section. The decision must:
(a) State the reasons for the action taken; and
(b) Inform the debarred prospective bidder or proposer of the appeal rights of the prospective bidder or proposer under ORS 279B.425.
(4) A copy of the decision issued under subsection (3) of this section must be mailed or otherwise furnished immediately to the debarred prospective bidder or proposer.
(5) A prospective bidder or proposer that wishes to appeal debarment shall, within three business days after receipt of notice of debarment, notify the contracting agency that the prospective bidder or proposer appeals the debarment as provided in ORS 279B.425. [2003 c.794 §63; 2007 c.764 §8]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279B - Public Contracting - Public Procurements › Section 279B.135 - Notice of intent to award.

At least seven days before the award of a public contract, unless the contracting agency determines that seven days is impractical under rules adopted under ORS 279A.065, the contracting agency shall post or provide to each bidder or proposer notice of the contracting agency’s intent to award a contract. This section does not apply to a contract awarded as a small procurement under ORS 279B.065, an intermediate procurement under ORS 279B.070, a sole-source procurement under ORS 279B.075, an emergency procurement under ORS 279B.080 or a special procurement under ORS 279B.085. The notice and its manner of posting or issuance must conform to rules adopted under ORS 279A.065. [2003 c.794 §64]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279B - Public Contracting - Public Procurements › Section 279B.140 - Price agreements.

(1) A price agreement constitutes a firm offer by the contractor regardless of whether any order or purchase has been made or any performance has been tendered under the price agreement. Unless the price agreement otherwise provides, a price agreement is enforceable for the period stated in the price agreement and, notwithstanding ORS 72.2050, obligations thereunder are not revocable by the contractor.
(2) Under a price agreement, no quantity unreasonably disproportionate to any stated estimate or, in the absence of a stated estimate, to any normal or otherwise comparable prior requirements may be demanded unless otherwise expressly provided in the price agreement. However, a contracting agency may amend or terminate a price agreement or an order under a price agreement under any of the following circumstances:
(a) Any failure of the contracting agency to receive funding, appropriations, limitations, allotments or other expenditure authority, including the continuation of program operating authority sufficient, as determined in the discretion of the contracting agency, to sustain purchases at the levels contemplated at the time of contracting; or
(b) Any change in law or program termination that makes purchases under the price agreement no longer authorized or appropriate for the contracting agency’s use.
(3) A price agreement does not constitute an exclusive dealing commitment on the part of the contracting agency or the contractor unless the price agreement expressly so provides. [2003 c.794 §68]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279B - Public Contracting - Public Procurements › Section 279B.145 - Finality of determinations.

A determination under ORS 279B.030, 279B.033, 279B.036, 279B.055 (3) and (7), 279B.060 (4) and (14), 279B.075, 279B.080, 279B.085 and 279B.110 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]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279B - Public Contracting - Public Procurements › Section 279B.200 - Definitions for ORS 279B.200 to 279B.240.

As used in ORS 279B.200 to 279B.240:
(1) "Brand name or equal specification" means a specification that uses one or more manufacturers’ names, makes, catalog numbers or similar identifying characteristics to describe the standard of quality, performance, functionality or other characteristics needed to meet the contracting agency’s requirements and that authorizes bidders or proposers to offer goods or services that are equivalent or superior to those named or described in the specification.
(2) "Brand name specification" means a specification limited to one or more products, brand names, makes, manufacturer’s names, catalog numbers or similar identifying characteristics.
(3) "Specification" means any description of the physical or functional characteristics of, or of the nature of, goods or services to be procured by a contracting agency. "Specification" may include a description of any requirement for inspecting, testing or preparing goods or services for delivery. When a solicitation required or authorized by ORS 279B.050 (4) or (5) to be conducted under ORS 279B.055 or 279B.060 calls in whole or in part for the performance of personal services as designated under ORS 279A.055, "specification" also includes any description of the characteristics or nature of the personal services. [2003 c.794 §72; 2007 c.764 §9]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279B - Public Contracting - Public Procurements › Section 279B.205 - Specifications to encourage reasonable competition.

Consistent with ORS 279A.015, specifications must seek to promote optimal value and suitability for the purposes intended and to reasonably encourage competition in satisfying a contracting agency’s needs. Subject to ORS 279B.405, the specification content must be determined in the sole discretion of the contracting agency. [2003 c.794 §74]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279B - Public Contracting - Public Procurements › Section 279B.210 - Policy; development of specifications.

It is the policy of the State of Oregon to encourage the development of clear, precise and accurate specifications in solicitations for public contracts. To that end, in developing specifications, contracting agencies may consult, under contract or otherwise, with technical experts, suppliers, prospective contractors and representatives of the industries with which the contracting agencies contract. However, a contracting agency shall take reasonable measures to ensure that no person who prepares or assists in the preparation of solicitation documents, specifications, plans or scopes of work, and no business with which the person is associated, realizes a material competitive advantage in a procurement that arises from the agency’s use of the solicitation documents, specifications, plans or scopes of work. The policy against the realization of a material competitive advantage from the character of the specifications developed in conjunction with persons outside the contracting agency does not proscribe advantages that result incidentally from a contracting agency’s specification of the characteristics of a product or work to meet the contracting agency’s needs. [2003 c.794 §75]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279B - Public Contracting - Public Procurements › Section 279B.215 - Brand name or equal specification; brand name specification.

(1)(a) A brand name or equal specification may be used when the use of a brand name or equal specification is advantageous to the contracting agency, because the brand name describes the standard of quality, performance, functionality and other characteristics of the product needed by the contracting agency.
(b) The contracting agency is entitled to determine what constitutes a product that is equal or superior to the product specified, and any such determination is final.
(c) Nothing in this subsection may be construed as prohibiting a contracting agency from specifying one or more comparable products as examples of the quality, performance, functionality or other characteristics of the product needed by the contracting agency.
(2) A brand name specification may be prepared and used only if the contracting agency determines for a solicitation or a class of solicitations that only the identified brand name specification will meet the needs of the contracting agency based on one or more of the following written determinations:
(a) That use of a brand name specification is unlikely to encourage favoritism in the awarding of public contracts or substantially diminish competition for public contracts;
(b) That use of a brand name specification would result in substantial cost savings to the contracting agency;
(c) That there is only one manufacturer or seller of the product of the quality, performance or functionality required; or
(d) That efficient utilization of existing goods requires the acquisition of compatible goods or services.
(3) A contracting agency’s use of a brand name specification may be subject to review only as provided in ORS 279B.405. [2003 c.794 §76; 2005 c.103 §8e]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279B - Public Contracting - Public Procurements › Section 279B.220 - Conditions concerning payment, contributions, liens, withholding.

Every public contract shall contain a condition that the contractor shall:
(1) Make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the work provided for in the contract.
(2) Pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of the contract.
(3) Not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished.
(4) Pay to the Department of Revenue all sums withheld from employees under ORS 316.167. [2003 c.794 §76a]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279B - Public Contracting - Public Procurements › Section 279B.225 - Condition concerning salvaging, recycling, composting or mulching yard waste material.

Every public contract for lawn and landscape maintenance shall contain a condition requiring the contractor to salvage, recycle, compost or mulch yard waste material at an approved site, if feasible and cost-effective. [2003 c.794 §76b]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279B - Public Contracting - Public Procurements › Section 279B.230 - Condition concerning payment for medical care and providing workers’ compensation.

(1) Every public contract shall contain a condition that the contractor shall promptly, as due, make payment to any person, copartnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services.
(2) Every public contract shall contain a clause or condition that all subject employers working under the contract are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126. [2003 c.794 §76c]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279B - Public Contracting - Public Procurements › Section 279B.240 - Exclusion of recycled oils prohibited.

Every contracting agency shall revise its procedures and specifications for the procurement of lubricating oil and industrial oil to eliminate any exclusion of recycled oils and any requirement that oils be manufactured from virgin materials. [2003 c.794 §78]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279B - Public Contracting - Public Procurements › Section 279B.270 - State contracting agencies to use recovered resources and recycled materials; notice to prospective contractors.

(1) A state contracting agency procuring goods or personal services shall:
(a) Review the contracting agency’s current procurement specifications in order to eliminate, wherever economically feasible, discrimination against the procurement of recovered resources or recycled materials.
(b) Provide incentives, wherever economically feasible, in all procurement specifications issued by the contracting agency for the maximum possible use of recovered resources and recycled materials.
(c) Develop procurement practices that, to the maximum extent economically feasible, ensure the procurement of materials that are recycled or that may be recycled or reused when discarded.
(d) Establish management practices that minimize the volume of solid waste generated by reusing paper, envelopes, containers and all types of packaging and by limiting the amount of materials consumed and discarded.
(e) Use, or require persons with whom the contracting agency contracts to use in the performance of the contract work, to the maximum extent economically feasible, recycled paper and recycled PETE products as well as other recycled plastic resin products.
(2) An invitation to bid or a request for proposals issued by a state contracting agency under this chapter shall include the following language: "Vendors shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document."
(3) Each state contracting agency shall strive to meet a recycled product procurement level established by rule by the Oregon Department of Administrative Services. [2003 c.794 §79; 2007 c.764 §10]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279B - Public Contracting - Public Procurements › Section 279B.275 - Purchase of goods containing recycled polyethylene material.

The Oregon Department of Administrative Services, in consultation with the Department of Environmental Quality, shall revise its procedures and specifications for state procurement of goods containing recycled PETE, as well as other recycled plastic resins, to encourage the procurement of such goods, provided similarities in quality and price exist between recycled PETE products and products not qualifying as recycled PETE products. [2003 c.794 §80]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279B - Public Contracting - Public Procurements › Section 279B.280 - Use of recycled products when economically feasible.

The Oregon Department of Administrative Services shall review and work with state agencies to develop procurement specifications that encourage the use of recycled products whenever economically feasible, if the quality of a recycled product is functionally equal to the same product manufactured with virgin resources, including but not limited to recycled paper, recycled oil and recycled PETE products. Except for specifications that have been established to preserve the public health and safety, all procurement specifications shall be established in a manner that encourages the procurement of recycled products. [2003 c.794 §81]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279B - Public Contracting - Public Procurements › Section 279B.283 - Condition concerning use of conflict minerals.

(1) As used in this section:
(a) "Affiliated entity" means an entity that a prospective contractor controls, that controls the prospective contractor or that another entity controls in common with the prospective contractor.
(b) "Conflict minerals" means:
(A) Columbite-tantalite or an ore for tantalum;
(B) Cassiterite or an ore for tin;
(C) Wolframite or an ore for tungsten;
(D) Gold;
(E) A derivative of any of the minerals identified in subparagraph (A), (B), (C) or (D) of this paragraph; or
(F) Any other mineral or derivative of a mineral the extraction, sale, distribution or use of which a state contracting agency determines, based on findings that the United States Secretary of State makes, is financing conflict in the Democratic Republic of the Congo or a country that shares an internationally recognized border with the Democratic Republic of the Congo.
(2)(a) A state contracting agency in solicitation documents for a public contract shall require a prospective contractor to state in the prospective contractor’s bid or proposal for the public contract:
(A) Whether and to what extent any of the materials the prospective contractor or an affiliated entity of the prospective contractor intends to use in performing the public contract are conflict minerals; and
(B) That the prospective contractor’s and the affiliated entity’s disclosures, policies, practices and procedures with respect to procuring conflict minerals comply with the most recent edition of the Organization for Economic Cooperation and Development’s Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas.
(b) A prospective contractor may meet the requirement set forth in paragraph (a) of this subsection by linking or referring in a bid or proposal to a description of disclosures, policies, practices and procedures with respect to procuring conflict minerals that the prospective contractor or the affiliated entity has posted on the prospective contractor’s or affiliated entity’s website or has otherwise made available as an official publication that is accessible to the public.
(3) Notwithstanding provisions of law that require a state contracting agency to award a public contract to the lowest responsible bidder or to the prospective contractor that submits the best proposal or quotation, to the extent that procurement requires or will use conflict minerals, a state contracting agency shall give a preference to each prospective contractor that meets the requirements set forth in subsection (2) of this section. [2019 c.294 §2]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279B - Public Contracting - Public Procurements › Section 279B.410 - Protests of contract award.

(1) A bidder or proposer may protest the award of a public contract or a notice of intent to award a public contract, whichever occurs first, if:
(a) The bidder or proposer is adversely affected because the bidder or proposer would be eligible to be awarded the public contract in the event that the protest were successful; and
(b) The reason for the protest is that:
(A) All lower bids or higher ranked proposals are nonresponsive;
(B) The contracting agency has failed to conduct the evaluation of proposals in accordance with the criteria or processes described in the solicitation materials;
(C) The contracting agency has abused its discretion in rejecting the protestor’s bid or proposal as nonresponsive; or
(D) The contracting agency’s evaluation of bids or proposals or the contracting agency’s subsequent determination of award is otherwise in violation of this chapter or ORS chapter 279A.
(2) The bidder or proposer shall submit the protest to the contracting agency in writing and shall specify the grounds for the protest to be considered by the contracting agency.
(3) The rules adopted under ORS 279A.065 shall establish a reasonable time and manner for protests to be submitted. The contracting agency may not consider late protests.
(4) The contracting agency shall consider and respond in writing to a protest in a timely manner. After the contracting agency issues the response, the bidder or proposer may seek judicial review in the manner provided in ORS 279B.415. [2003 c.794 §85]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.010 - Applicability.

Except as provided in ORS 279C.320, public contracting under this chapter is subject to ORS chapter 279A, but not ORS chapter 279B. [2003 c.794 §88a; 2005 c.103 §9]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.100 - Definitions for ORS 279C.100 to 279C.125.

As used in ORS 279C.100 to 279C.125:
(1) "Architect" has the meaning given that term in ORS 671.010.
(2) "Architectural, engineering, photogrammetric mapping, transportation planning or land surveying services" means professional services that are required to be performed by an architect, engineer, photogrammetrist, transportation planner or land surveyor.
(3) "Engineer" means a person who is registered and holds a valid certificate in the practice of engineering in the State of Oregon, as provided under ORS 672.002 to 672.325, and includes all terms listed in ORS 672.002 (2).
(4) "Land surveyor" means a person who is registered and holds a valid certificate in the practice of land surveying in the State of Oregon, as provided under ORS 672.002 to 672.325, and includes all terms listed in ORS 672.002 (5).
(5) "Personal services" means the services of a person or persons that are designated by a state contracting agency with procurement authority under ORS 279A.050 or a local contracting agency as personal services. "Personal services" includes architectural, engineering, photogrammetric mapping, transportation planning or land surveying services procured under ORS 279C.105 or 279C.110 and related services procured under ORS 279C.120.
(6) "Photogrammetric mapping" has the meaning given that term in ORS 672.002.
(7) "Photogrammetrist" has the meaning given that term in ORS 672.002.
(8) "Related services" means personal services, other than architectural, engineering, photogrammetric mapping, transportation planning or land surveying services, that are related to planning, designing, engineering or overseeing public improvement projects or components of public improvement projects, including but not limited to landscape architectural services, facilities planning services, energy planning services, space planning services, hazardous substances or hazardous waste or toxic substances testing services, cost estimating services, appraising services, material testing services, mechanical system balancing services, commissioning services, project management services, construction management services and owner’s representation services or land-use planning services.
(9) "Transportation planning services" means transportation planning services for projects that require compliance with the National Environmental Policy Act, 42 U.S.C. 4321 et seq. [2003 c.794 §89; 2005 c.103 §10; 2005 c.445 §12; 2011 c.458 §1; 2013 c.196 §20]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.105 - Contracts for architectural, engineering, photogrammetric mapping, transportation planning or land surveying and related services; procedures.

(1) Except as provided in ORS 279A.140, a contracting agency may enter into a contract for architectural, engineering, photogrammetric mapping, transportation planning or land surveying services and related services. The Oregon Department of Administrative Services shall enter into a contract for architectural, engineering, photogrammetric mapping, transportation planning or land surveying services and related services on behalf of a state contracting agency that is subject to ORS 279A.140. The provisions of this section do not relieve the contracting agency of the duty to comply with ORS 279A.140, other law applicable to the state contracting agency or applicable city or county charter provisions. A contracting agency that is authorized to enter into a contract for architectural, engineering, photogrammetric mapping, transportation planning or land surveying services and related services shall adopt procedures to screen and select persons to perform architectural, engineering, photogrammetric mapping, transportation planning or land surveying services and related services under ORS 279C.110 or 279C.120.
(2) A state contracting agency with procurement authority under ORS 279A.050 or a local contract review board by ordinance, resolution, administrative rule or other regulation may, consistent with the provisions of ORS 279C.100 to 279C.125, designate certain personal services contracts or classes of personal service contracts as contracts for architectural, engineering, photogrammetric mapping, transportation planning or land surveying services or related services. [2003 c.794 §90; 2005 c.103 §11; 2011 c.458 §2]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.107 - Public disclosure of contents of proposals for architectural, engineering, photogrammetric mapping, transportation planning or land surveying services; treatment of trade secrets and confidential information.

(1) Notwithstanding the public records law, ORS 192.311 to 192.478, if a contracting agency solicits a contract for architectural, engineering, photogrammetric mapping, transportation planning or land surveying services or related services by a competitive proposal:
(a) The contracting agency may open proposals so as to avoid disclosing contents to competing proposers during, when applicable, the process of negotiation.
(b) The contracting agency need not open proposals for public inspection until after the contracting agency executes a contract.
(2) Notwithstanding any requirement to open proposals to public inspection after the contracting agency executes a contract, a contracting agency shall withhold from disclosure to the public trade secrets, as defined in ORS 192.345, and information submitted to a public body in confidence, as described in ORS 192.355, that are contained in a proposal. Opening a proposal at a public meeting, as defined in ORS 192.610, does not make the contents of the proposal subject to disclosure, regardless of whether the public body that opens the proposal fails to give notice of or provide for an executive session for the purpose of opening proposals. If a request for proposals is canceled after proposals are received, the contracting agency shall, subject to ORS 192.345 and 192.355, return a proposal and all copies of the proposal to the proposer that made the proposal. The contracting agency shall keep a list of returned proposals in the file for the solicitation. [2007 c.764 §41; 2011 c.458 §3]