reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279A - Public Contracting - General Provisions › Section 279A.060 - Local contract review boards.

If the governing body of a local contracting agency takes no action to provide otherwise, the governing body is the local contract review board of that local contracting agency. However, the governing body of a local contracting agency may, by charter, ordinance or other local legislation, authorize a body, board or commission other than the governing body to serve as the local contract review board of the local contracting agency. The governing body of a local contracting agency also may enter into intergovernmental agreements under ORS chapter 190 to permit the local contract review board of another local contracting agency or the Director of the Oregon Department of Administrative Services to exercise authority under ORS 279B.085. [2003 c.794 §9]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279A - Public Contracting - General Provisions › Section 279A.070 - Rules.

In addition to rules adopted under ORS 279A.065 (6), a contracting agency may, in exercising authority granted under ORS 279A.050, adopt rules necessary to carry out the provisions of the Public Contracting Code, including but not limited to rules for procuring, managing, disposing of and controlling goods, services, personal services and public improvements under the Public Contracting Code. Each contracting agency authorized to enter into personal services contracts shall create procedures to screen and select persons to perform personal services. [2003 c.794 §11; 2003 c.794 §11a; 2013 c.522 §5]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279A - Public Contracting - General Provisions › Section 279A.075 - Delegation.

(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 (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]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279A - Public Contracting - General Provisions › Section 279A.100 - Affirmative action; limited competition permitted.

(1) As used in this section:
(a) "Affirmative action" means a program designed to ensure equal opportunity in employment and business for persons otherwise disadvantaged by reason of race, color, religion, sex, national origin, age or physical or mental disability or a policy to give a preference in awarding public contracts to disabled veterans.
(b) "Disabled veteran" has the meaning given that term in ORS 408.225.
(2) The provisions of the Public Contracting Code may not be construed to prohibit a contracting agency from engaging in public contracting practices designed to promote affirmative action goals, policies or programs for disadvantaged or minority groups or to give a preference in awarding public contracts to disabled veterans.
(3) In carrying out an affirmative action goal, policy or program, a contracting agency by appropriate ordinance, resolution or rule may limit competition for a public contract for goods and services, or for any other public contract estimated to cost $50,000 or less, to contracting entities owned or controlled by persons described in subsection (1) of this section. [2003 c.794 §13; 2009 c.235 §1]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279A - Public Contracting - General Provisions › Section 279A.105 - Subcontracting to emerging small businesses or veteran-owned businesses.

(1) A contracting agency may require a contractor to subcontract some part of a contract to, or to obtain materials for use in performing the contract from, a business that is certified under ORS 200.055 as an emerging small business or as a veteran-owned business.
(2) A contracting agency may require a contractor to subcontract some part of a contract to, or to obtain materials to be used in performing the contract from, a business that is certified under ORS 200.055 as an emerging small business and that, as identified by the contracting agency, is located in or draws the business’s workforce from economically distressed areas, as designated by the Oregon Business Development Department.
(3) A contracting agency may require that a public contract be awarded to a responsible bidder or proposer, as defined in ORS 200.005, that the contracting agency determines has made good faith efforts as prescribed in ORS 200.045. [2003 c.794 §14; 2005 c.103 §5; 2009 c.235 §2; 2015 c.565 §12; 2023 c.497 §11]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279A - Public Contracting - General Provisions › Section 279A.110 - Discrimination in subcontracting prohibited; remedies.

(1) A bidder or proposer that competes for or is awarded a public contract may not discriminate against a subcontractor in awarding a subcontract because the subcontractor is a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a veteran-owned business or an emerging small business that is certified under ORS 200.055.
(2) A contracting agency may debar or disqualify, under ORS 279B.130 or 279C.440, as appropriate, a bidder or proposer if the contracting agency finds that the bidder or proposer has violated subsection (1) of this section in awarding a subcontract in connection with a contract the contracting agency advertised or otherwise solicited or a contract between the contracting agency and the bidder or proposer. A debarred or disqualified bidder or proposer may appeal the debarment or disqualification under ORS 279B.425 or ORS 279C.445 and 279C.450, as appropriate.
(3) A contracting agency may not allege an occurrence of discrimination in subcontracting as a basis for debarring or disqualifying a bidder or proposer under subsection (2) of this section more than three years after the alleged discriminatory conduct occurred or more than three years after the contracting agency, in the exercise of reasonable diligence, should have discovered the conduct, whichever is later.
(4) A bidder or proposer shall certify in the bid or proposal that the bidder or proposer has not discriminated and will not discriminate, in violation of subsection (1) of this section, against a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a veteran-owned business or an emerging small business in awarding a subcontract.
(5) If a contracting agency awards a public contract to a contractor and the contractor violates the contractor’s certification under subsection (4) of this section, the contracting agency may regard the violation as a breach of contract that permits the contracting agency to:
(a) Terminate the contract; or
(b) Exercise any of the remedies for breach of contract that are reserved in the contract. [2003 c.794 §15; 2009 c.235 §3; 2015 c.565 §13; 2023 c.497 §13]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279A - Public Contracting - General Provisions › Section 279A.120 - Preference for Oregon goods and services; nonresident bidders.

(1) As used in this section:
(a) "Nonresident bidder" means a bidder who is not a resident bidder.
(b) "Resident bidder" means a bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid, has a business address in this state and has stated in the bid whether the bidder is a "resident bidder" under this paragraph.
(2) For the purposes of awarding a public contract, a contracting agency shall:
(a) Give preference to goods or services that have been manufactured or produced in this state if price, fitness, availability and quality are otherwise equal; and
(b) Add a percent increase to the bid of a nonresident bidder equal to the percent, if any, of the preference given to the bidder in the state in which the bidder resides.
(3) When a public contract is awarded to a nonresident bidder and the contract price exceeds $10,000, the bidder shall promptly report to the Department of Revenue on forms to be provided by the department the total contract price, terms of payment, length of contract and such other information as the department may require before the bidder may receive final payment on the public contract. The contracting agency shall satisfy itself that the requirement of this subsection has been complied with before the contracting agency issues a final payment on a public contract.
(4) The Oregon Department of Administrative Services on or before January 1 of each year shall publish a list of states that give preference to in-state bidders with the percent increase applied in each state. A contracting agency may rely on the names of states and percentages so published in determining the lowest responsible bidder without incurring any liability to any bidder. [2003 c.794 §16]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279A - Public Contracting - General Provisions › Section 279A.125 - Preference for recycled materials.

(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]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279A - Public Contracting - General Provisions › Section 279A.128 - Preference for goods fabricated or processed within state or services performed within state.

(1) As used in this section, "services" means services as defined in ORS 279A.010 (1)(kk) and personal services designated under ORS 279A.055.
(2)(a) Notwithstanding provisions of law requiring a contracting agency to award a contract to the lowest responsible bidder or best proposer or provider of a quotation, a contracting agency that uses public funds to procure goods or services for a public use under ORS chapter 279B may give preference to:
(A) Procuring goods or services provided by a benefit company that is incorporated, organized, formed or created under ORS 60.754, that submits with a bid or proposal a certificate of existence issued under ORS 60.027 and has the majority of the benefit company’s regular, full-time workforce located in this state at the time the benefit company submits the bid or proposal, if the goods or services cost not more than five percent more than goods or services available from a contractor that is not a benefit company; or
(B) Procuring goods that are fabricated or processed, or services that are performed, entirely within this state if the goods or services cost not more than 10 percent more than goods that are not fabricated or processed, or services that are not performed, entirely within this state.
(b) If more than one bidder or proposer qualifies for a preference described in paragraph (a) of this subsection, the contracting agency may give a further preference to a qualifying bidder or proposer that resides in or is headquartered in this state.
(c) The contracting agency by order may set a higher percentage than the percentages set forth in paragraph (a) of this subsection if the contracting agency, in a written determination to support the order, finds good cause to set the higher percentage and explains the contracting agency’s reasons and evidence for the finding.
(3) Notwithstanding ORS 279C.320 (1), subsection (2) of this section does not apply to emergency work, minor alterations, ordinary repairs or maintenance work for public improvements or to other construction contracts described in ORS 279C.320 (1). [2009 c.214 §2; 2011 c.237 §1; 2023 c.559 §1]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279A - Public Contracting - General Provisions › Section 279A.130 - Preference for exceeding Buy America requirements for transit projects; rules.

(1) Notwithstanding provisions of law that require a contracting agency to award a contract to the lowest responsible bidder or best proposer or provider of a quotation, a contracting agency that receives and uses funds from the federal government or an agency of the federal government for a transit project may give preference to a bidder or proposer that exceeds federal Buy America requirements that apply to federally funded transit projects, as permitted under 49 C.F.R. 661.21 as that regulation existed on March 16, 2012.
(2) The Department of Transportation, the Oregon Department of Administrative Services and the Attorney General may adopt rules under ORS 279A.065 and establish policies and procedures to implement subsection (1) of this section. [2012 c.58 §2]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279A - Public Contracting - General Provisions › Section 279A.142 - Limitation of competition.

A contracting agency may, by appropriate ordinance, resolution, rule or other appropriate legislative action, limit competition for a public contract to emerging small businesses certified under ORS 200.055 if the contract price is estimated at $250,000 or less and is funded by the Emerging Small Business Account established under ORS 200.180. [2007 c.344 §2; 2015 c.565 §14; 2021 c.630 §46]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279A - Public Contracting - General Provisions › Section 279A.150 - Procurement of goods containing recycled polyethylene material.

(1) The Oregon Department of Administrative Services shall provide guidelines to state agencies and contractors on the availability of necessary goods that contain recycled PETE, as well as other recycled plastic resin supplies and materials.
(2) The department shall identify suppliers able to provide necessary goods containing recycled PETE, as well as other recycled plastic resin supplies and materials. [2003 c.794 §20]
Note:
Sections 44 and 61 (4), chapter 681, Oregon Laws 2021, provide:
Sec. 44.
(1) The Oregon Department of Administrative Services, in consultation with the Department of Environmental Quality, shall study and assess state procurement practices as they relate to recycled products, recycled PETE and recycled materials as those terms are defined in ORS 279A.010. The assessment must include:
(a) An evaluation of procurement practices under ORS chapters 279A and 279B related to recycled materials, including efficacy and compliance;
(b) A quantitative evaluation of the impact and effectiveness of the five percent price limitation described in ORS 279A.125 (2)(d);
(c) A feasibility study of additional opportunities to increase the purchase of products containing post-consumer recycled content, including but not limited to products containing post-consumer recycled PETE and other plastics;
(d) An evaluation of opportunities for strengthening traceability and verification requirements associated with recycled products or recycled materials, especially recycled plastic; and
(e) Recommendations for legislation.
(2) The Oregon Department of Administrative Services shall provide the results of the assessment in a report to the appropriate interim committees of the Legislative Assembly in the manner provided under ORS 192.245. The department shall revise the initial assessment completed under this section every five years. [2021 c.681 §44]
Sec. 61.
(4) The Oregon Department of Administrative Services shall complete the first assessment required by section 44 of this 2021 Act no later than May 15, 2024. [2021 c.681 §61(4)]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279A - Public Contracting - General Provisions › Section 279A.161 - Review and verification of advice and recommendations concerning procurements; delegation.

(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]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279A - Public Contracting - General Provisions › Section 279A.165 - Report concerning special procurements; requirement to maintain records.

(1) The Oregon Department of Administrative Services, before the beginning of each odd-numbered year regular legislative session, shall provide to an appropriate committee of the Legislative Assembly that considers questions related to public contracting a report that contains information about special procurements conducted under the provisions of ORS 279B.085 by state contracting agencies that are subject to the authority of the department under ORS 279A.050 (2) and (7). The information must include, at a minimum:
(a) The name of each state contracting agency that conducted a procurement under the provisions;
(b) The number of procurements the state contracting agency conducted under the provisions and the number of contracts the state contracting agency awarded under the provisions;
(c) A summary of the reasons that the state contracting agency decided to conduct the procurement under the provisions;
(d) A descriptive summary of the procurement procedure the state contracting agency used to conduct the procurement, noting whether the procedure was competitive or not and listing the number of bids or proposals the state contracting agency received if the procedure was competitive;
(e) The contract price or estimated contract price for each contract the state contracting agency awarded under the provisions; and
(f) A summary of the protests or other responses the state contracting agency received in response to the decision to conduct the procurement under the provisions, and a summary of the disposition of the protests or other responses.
(2) A state contracting agency subject to the authority of the department under ORS 279A.050 (2) and (7) shall maintain records that enable the state contracting agency to calculate or otherwise determine and provide to the department the information described in subsection (1) of this section. The state contracting agency shall maintain the records for the purposes described under this section and may not use the information for evaluating proposals or invitations to bid that the state contracting agency receives in response to a solicitation for a procurement.
(3) This section does not apply to the Secretary of State or the State Treasurer. [2012 c.53 §4]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279A - Public Contracting - General Provisions › Section 279A.167 - Certification program for training in pay equity provisions of state law; rules.

(1) The Oregon Department of Administrative Services shall establish a program to certify that a person that intends to submit a bid or proposal for a public contract understands the prohibition set forth in ORS 652.220 and in other laws or rules that prohibit discrimination in compensation or wage payments. The program must include, but is not limited to, all of these elements:
(a) A curriculum for training prospective bidders and proposers in complying with the prohibition described in this subsection. The curriculum must include hypothetical situations, case studies and other examples that show conduct that would violate the prohibition and other conduct that would constitute correct and best practices.
(b) Criteria for assessing whether prospective bidders and proposers understand the prohibition and can successfully apply best practices to a hypothetical situation that involves discrimination in compensation or wage payments.
(c) Standards for successful completion of the curriculum and assessment that will result in the department issuing the certificate.
(2) The department may conduct the training and assessment for the program described in subsection (1) of this section or may enter into an interagency agreement with the Bureau of Labor and Industries or a contract with a private entity to conduct the training and assessment.
(3) The department may by rule specify a period of time during which a certificate the department issues under this section is valid and may adopt other rules that are necessary to implement the provisions of this section. [2015 c.454 §2]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279A - Public Contracting - General Provisions › Section 279A.180 - Purchases through federal programs.

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 to 279B.085 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]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279A - Public Contracting - General Provisions › Section 279A.185 - Local contracting agency arrangements for use or disposition of personal property authorized.

(1) Notwithstanding the competitive procurement requirements of ORS chapters 279B and 279C, a local contracting agency may sell, transfer or dispose of personal property in accordance with rules adopted under ORS 279A.070.
(2) Notwithstanding the competitive procurement requirements of ORS chapters 279B and 279C, a local contracting agency may negotiate with one or more private or public entities to establish contracts, agreements and other cooperative arrangements for the use, operation, maintenance or ultimate lawful disposition of personal property owned by or under the control of the local contracting agency, including property acquired under ORS 279A.260. Before approving such a contract, agreement or arrangement, the governing body of the local contracting agency must make a finding that the contract, agreement or arrangement will promote the economic development of the local contracting agency, of the geographical area in which the local contracting agency is situated or of other public bodies that perform similar functions. [2003 c.794 §23]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279A - Public Contracting - General Provisions › Section 279A.190 - Transfers of fire protection equipment between fire departments.

(1) As used in this section:
(a) "Fire protection equipment" has the meaning given that term in ORS 476.005.
(b) "Public contract" includes a sale at no cost.
(c) "Regularly organized fire department" has the meaning given that term in ORS 652.050.
(2) Notwithstanding any other provision of the Public Contracting Code, transfers of fire protection equipment under public contracts between regularly organized fire departments may be made without competitive sealed bidding, competitive sealed proposals or other competition required in ORS 279B.050 to 279B.085, provided:
(a) The recipient regularly organized fire department makes a written request for the fire protection equipment to the transferor regularly organized fire department;
(b) The fire protection equipment is surplus to or unusable by the transferor;
(c) The total fair market value of fire protection equipment received by the recipient does not exceed $50,000 per calendar year; and
(d) The transferor holds a public hearing, with hearing notice published in at least one trade newspaper of general statewide circulation a minimum of 14 days before the hearing, and finds that the public contract is in the public’s interest. [2003 c.794 §24]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279A - Public Contracting - General Provisions › Section 279A.205 - Cooperative procurements authorized.

(1) A contracting agency may participate in, sponsor, conduct or administer a joint cooperative procurement for the procurement of any goods, services or public improvements.
(2) A contracting agency may participate in, sponsor, conduct or administer a permissive or interstate cooperative procurement for the procurement of any goods or services, but not public improvements. [2003 c.794 §26; 2005 c.103 §6]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279A - Public Contracting - General Provisions › Section 279A.210 - Joint cooperative procurements.

(1) A joint cooperative procurement is valid only if:
(a) The administering contracting agency’s solicitation and award process for the original contract is an open and impartial competitive process and uses source selection methods substantially equivalent to those specified in ORS 279B.055, 279B.060 or 279B.085 or uses a competitive bidding process substantially equivalent to the competitive bidding process in ORS chapter 279C;
(b) The administering contracting agency’s solicitation and the original contract or price agreement identifies the cooperative procurement group or each participating purchasing contracting agency and specifies the estimated contract requirements; and
(c) No material change is made in the terms, conditions or prices of the contract between the contractor and the purchasing contracting agency from the terms, conditions and prices of the original contract between the contractor and the administering contracting agency.
(2) A joint cooperative procurement may not be a permissive cooperative procurement. [2003 c.794 §27]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279A - Public Contracting - General Provisions › Section 279A.225 - Protests and disputes.

(1) A protest regarding the procurement process, the contents of solicitation documents or the award or proposed award of an original contract may be directed only to the administering contracting agency. The protest must be in accordance with the provisions of ORS 279B.400 to 279B.425.
(2) A protest regarding the use of a cooperative procurement by a purchasing contracting agency after the execution of an original contract may be directed only to the purchasing contracting agency. The protest must be in accordance with the provisions of ORS 279B.400 to 279B.425 and is limited in scope to the purchasing contracting agency’s authority to enter into a cooperative procurement contract.
(3) The decision of a local contracting agency to use a cooperative procurement is reviewable in the circuit court of the county where the principal offices of the local contracting agency are located. The decision of a state contracting agency to use a cooperative procurement shall be reviewable by the Circuit Court for Marion County or the circuit court of the county where the principal offices of the state contracting agency are located.
(4) Disputes regarding contract performance between a purchasing contracting agency and a contractor may be resolved solely by the purchasing contracting agency and the contractor. [2003 c.794 §30]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279A - Public Contracting - General Provisions › Section 279A.250 - Definitions for ORS 279A.250 to 279A.290.

As used in ORS 279A.250 to 279A.290, unless the context requires otherwise:
(1) "Donee" means an entity eligible to acquire federal donation property based upon federal regulations or eligible to acquire surplus property in accordance with rules adopted by the Oregon Department of Administrative Services. Entities eligible to acquire federal donation property may also acquire surplus property other than federal donation property.
(2) "Not-for-profit organization" means a nonprofit corporation as defined in ORS 307.130.
(3) "Property" means personal property.
(4) "State agency" means every state officer, board, commission, department, institution, branch or agency of state government whose costs are paid wholly or in part from funds held in the State Treasury, and includes the Legislative Assembly and the courts, including the officers and committees of both, and the Secretary of State and the State Treasurer in the performance of the duties of their constitutional offices.
(5) "Surplus property" means property received by the Oregon Department of Administrative Services or a state agency as surplus from federal government units, state agencies, local governments, special government bodies, not-for-profit organizations, other states and private entities. [2003 c.794 §36]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279A - Public Contracting - General Provisions › Section 279A.255 - Inspection, appraisal and inventory of state property; reports by state agencies.

The Oregon Department of Administrative Services may:
(1) Provide for the periodic inspection and appraisal of state property;
(2) Provide for the maintenance of current and perpetual inventories of state property; and
(3) Require any state agency to make reports of the property in the agency’s custody at such intervals and in such form as the department deems necessary. [2003 c.794 §37]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279A - Public Contracting - General Provisions › Section 279A.260 - Powers and duties of department; acquisitions by qualified donees; rules.

(1) Subject to the power of the Governor to terminate the functions listed in this section, the Oregon Department of Administrative Services may:
(a) Accept surplus property;
(b) Distribute surplus property to donees;
(c) Provide suitable facilities for the storage and distribution of surplus property;
(d) Enter into reciprocal agreements and contracts with federal government units, state agencies, local governments, special government bodies, not-for-profit organizations, other states and private entities, with respect to the utilization and exchange of property, facilities, personnel and services, for the administration of the provisions of this section in accordance with federal and state laws governing the acquisition, distribution, utilization, disposal or sale of surplus property;
(e) Expend funds in connection with the provisions of this section;
(f) Adopt rules for the acquisition, distribution, utilization, disposal or sale of surplus property in accordance with federal and state laws;
(g) Set charges, subject to federal and state laws, necessary to recover all direct and indirect costs associated with acquiring, purchasing, shipping, handling, warehousing, storing and distributing surplus property;
(h) Cooperate with donees in locating, obtaining or warehousing surplus property; and
(i) Obtain surplus property on behalf of donees.
(2) The department shall deposit all fees or charges collected or received under this section in the Oregon Department of Administrative Services Operating Fund.
(3) The governing board or the executive head of a donee may, by order or resolution, confer upon any officer or employee thereof authority to secure the acquisition of surplus property through the department in accordance with federal and state laws governing the acquisition, distribution, utilization, disposal or sale of surplus property. [2003 c.794 §38]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279A - Public Contracting - General Provisions › Section 279A.265 - Use of Oregon Department of Administrative Services Operating Fund; cash dividends.

(1) In addition to the other purposes for which the Oregon Department of Administrative Services Operating Fund established under ORS 283.076 may be used, the fund hereby is appropriated continuously for and may be used for the purposes of this section and ORS 279A.260. All claims approved by the Oregon Department of Administrative Services for the purposes of this section and ORS 279A.260 shall be paid as provided in ORS 293.295 to 293.462. The department shall draw warrants on the State Treasurer for the payment thereof payable out of the fund. All moneys received under ORS 279A.260 shall be paid by the department to the State Treasurer for credit to the fund.
(2) The Director of the Oregon Department of Administrative Services may distribute in the form of cash dividends accumulated surpluses in the fund that arise because the charges collected from donees are in excess of the amount necessary to keep the activities under this section and ORS 279A.260 on a self-sustaining basis. The director shall pay the cash dividends to the donees referred to in ORS 279A.260 (1). Any dividend paid under this subsection shall be based on the ratio of the charges collected from each donee during the preceding fiscal year to the total charges collected from all donees for the fiscal year immediately preceding the fiscal year in which the dividend is authorized to be paid.
(3) Upon termination by the Governor of the functions of the department under ORS 279A.260, any balance remaining in the fund that is attributable to the activities under this section and ORS 279A.260 shall be refunded pro rata to the donees referred to in ORS 279A.260 (1) upon the basis of the total charges collected from each donee during the preceding fiscal year, unless the director determines that the cost of making the refund is excessive, in which case the unrefunded moneys shall be paid to the Treasurer of the United States. [2003 c.794 §39]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279A - Public Contracting - General Provisions › Section 279A.270 - Contracts with federal government for accepting gifts and acquiring surplus property; bids not required.

The Oregon Department of Administrative Services may enter into contracts with any federal government unit for the purpose of accepting gifts and for the acquisition of surplus property upon such terms and conditions as may be agreed upon, without regard to the provisions of law requiring the posting of notices or public advertising for bids or the soliciting or receiving of competitive bids. [2003 c.794 §40]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279A - Public Contracting - General Provisions › Section 279A.275 - Leasing of state property.

The Oregon Department of Administrative Services may lease any state property not needed for public use, provided the law does not prohibit the leasing and the authority to lease is not vested in any other state agency. [2003 c.794 §41]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279A - Public Contracting - General Provisions › Section 279A.280 - Disposal of surplus property; costs of disposal.

(1)(a) Without requiring competitive bidding:
(A) The Oregon Department of Administrative Services may sell or transfer surplus property to or transfer surplus property between donees. Donees may be given preference to acquire surplus property. Property acquired shall be used for public purpose or benefit and not for resale to a private purchaser.
(B) The department, or a public or private person or entity designated by the department, may transfer computers and related hardware that are surplus, obsolete or unused to a common or union high school district or education service district. The department, or its designee, may not charge the school district a fee for the transfer.
(C) The department, or a public or private person or entity designated by the department, may recycle or otherwise dispose of property when the department determines the value and condition of the property does not warrant the cost of a sale.
(b) Authorized transfers under this subsection include those made with or without consideration.
(2) In accordance with ORS 279B.055 or 279B.060, the department may sell surplus property.
(3) All proceeds derived from the disposal of property under this section, except proceeds that may not under federal laws or regulations be deposited in the manner provided by this section, shall be deposited in the State Treasury to the credit of the Oregon Department of Administrative Services Operating Fund.
(4) In addition to the other purposes for which the fund may be used, the fund is appropriated continuously for and may be used for paying the administrative costs incurred in the transfer or disposal of property under subsections (1) and (2) of this section, and for paying the amount due to the state agency whose property has been sold. The total amount payable to the agency whose property has been sold shall be the amount derived from the disposal of the property less the amount of the administrative costs incurred in disposing of the property. Such total amount may be deposited in the State Treasury to the credit of the miscellaneous receipts account established under ORS 279A.290 for the agency whose property has been sold.
(5) The cost of services for disposal of property under this section that is not recoverable from the proceeds of a sale of the property shall be charged to the state agency served and paid to the department in the same manner as other claims against the agency are paid. [2003 c.794 §42]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279A - Public Contracting - General Provisions › Section 279A.285 - Disposition of moneys received as payment for repair or replacement of damaged, destroyed, lost or stolen property.

All moneys received from insurers and other sources as payment for the cost and expense of repair and replacement of property of state agencies that has been damaged, destroyed, lost or stolen, except the particular moneys as may not under federal law or regulations be deposited in the manner provided by this section, may be deposited in the State Treasury to the credit of the miscellaneous receipts account established under ORS 279A.290 for the state agency whose property has been damaged, destroyed, lost or stolen. [2003 c.794 §43]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279A - Public Contracting - General Provisions › Section 279A.290 - Miscellaneous receipts accounts.

(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 (1), 279A.280, 279A.285, 283.110 or 357.885 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 to 291.260.
(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]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279A - Public Contracting - General Provisions › Section 279A.800 - Consideration of whether bidder or proposer owes liquidated and delinquent debt to state.

In addition to making a determination concerning a bidder’s or proposer’s responsibility under ORS 279B.110 or 279C.375, 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]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279A - Public Contracting - General Provisions › Section 279A.990 - Penalties.

(1) The provisions of ORS 291.990 apply to ORS 279A.140, 279A.280 and 279B.270. Any violation of ORS 279A.140, 279A.280 or 279B.270 shall be punished as described in ORS 291.990.
(2) Any contractor, subcontractor, agent or person in authority or in charge who violates any provision of ORS 279C.520 or 279C.540 as to hours of labor commits a Class A misdemeanor.
(3) Any contractor or subcontractor subject to ORS 279C.840 who fails to pay the prevailing rate of wage as required by ORS 279C.840 commits a Class B misdemeanor. [2003 c.794 §46; 2011 c.597 §176]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279B - Public Contracting - Public Procurements › Section 279B.005 - Definitions.

(1) As used in this chapter, unless the context or a specifically applicable definition requires otherwise:
(a) "Invitation to bid" means all documents, whether attached or incorporated by reference, used for soliciting bids.
(b) "Procurement description" means the words used in a solicitation to describe the goods or services to be procured. "Procurement description" includes specifications attached to or made a part of the solicitation.
(c) "Request for proposals" means all documents, whether attached or incorporated by reference, used for soliciting proposals.
(d) "Responsible bidder" or "responsible proposer" means a person who meets the standards of responsibility described in ORS 279B.110.
(e) "Responsive bid" or "responsive proposal" means a bid or proposal that substantially complies with the invitation to bid or request for proposals and all prescribed procurement procedures and requirements.
(2) ORS 279A.010 contains general definitions applicable throughout this chapter. [2003 c.794 §47; 2005 c.103 §7; 2007 c.764 §5]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279B - Public Contracting - Public Procurements › Section 279B.010 - Policy.

In addition to the policy stated in ORS 279A.015, it is the policy of the State of Oregon that public contracting activities should:
(1) Provide effective outcomes that represent optimal value to the contracting agency and, to the greatest extent feasible, be consistent with market practices;
(2) Seek consistency in procurement practices between contracting agencies covered under the Public Contracting Code while preserving each contracting agency’s ability to adopt rules to maximize the contracting agency’s effectiveness; and
(3) Apply innovative practices while maintaining quality and integrity. [2003 c.794 §48]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279B - Public Contracting - Public Procurements › Section 279B.015 - Applicability.

Except as provided in ORS 279C.320, public contracting under this chapter is subject to ORS chapter 279A, but not ORS chapter 279C. [2003 c.794 §48a; 2005 c.103 §8]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279B - Public Contracting - Public Procurements › Section 279B.025 - Procurement practices regarding recyclable and reusable goods.

All contracting agencies shall establish procurement practices that ensure, to the maximum extent economically feasible, the procurement of goods that may be recycled or reused when discarded. [2003 c.794 §49]