2015 ORS 279A.010¹
Definitions for Public Contracting Code

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

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

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

(c) "Days" means calendar days.

(d) "Department" means the Oregon Department of Administrative Services.

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

(f) "Emergency" means circumstances that:

(A) Could not have been reasonably foreseen;

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

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

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

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

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

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

(k)(A) "Grant" means:

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

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

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

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

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

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

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

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

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

(r) "Lowest responsible bidder" means the lowest bidder who:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) "Adequate"............................................... ORS 279C.305 (Least-cost policy for public improvements)

(b) "Administering contracting

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

(c) "Affirmative action"................................. ORS 279A.100 (Affirmative action)

(d) "Architect"................................................ ORS 279C.100 (Definitions for ORS 279C.100 to 279C.125)

(e) "Architectural,

engineering, photogram-

metric mapping,

transportation planning

or land surveying

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

(f) "Bid documents"....................................... ORS 279C.400 (Competitive proposals)

(g) "Bidder".................................................... ORS 279B.415 (Judicial review of protests of contract award)

(h) "Bids"........................................................ ORS 279C.400 (Competitive proposals)

(i) "Brand name"............................................ ORS 279B.405 (Protests and judicial review of solicitations)

(j) "Brand name or equal

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

(k) "Brand name

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

(L) "Class special

procurement"............................................. ORS 279B.085 (Special procurements)

(m) "Consultant".............................................. ORS 279C.115 (Direct contracts for services of consultants)

(n) "Contract-specific

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

(o) "Cooperative

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

(p) "Cooperative procurement

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

(q) "Donee"..................................................... ORS 279A.250 (Definitions for ORS 279A.250 to 279A.290)

(r) "Engineer"................................................. ORS 279C.100 (Definitions for ORS 279C.100 to 279C.125)

(s) "Findings"................................................. ORS 279C.330 ("Findings" defined)

(t) "Fire protection

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

(u) "Fringe benefits"....................................... ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870)

(v) "Funds of a public

agency"...................................................... ORS 279C.810 (Exemptions)

(w) "Good cause"............................................ ORS 279C.585 (Authority to substitute undisclosed first-tier subcontractor)

(x) "Good faith dispute"................................. ORS 279C.580 (Contractor's relations with subcontractors)

(y) "Goods".................................................... ORS 279B.115 (Qualified products lists)

(z) "Housing".................................................. ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870)

(aa) "Interstate cooperative

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

(bb) "Invitation to bid"..................................... ORS 279B.005 (Definitions)

and 279C.400 (Competitive proposals)

(cc) "Joint cooperative

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

(dd) "Labor dispute"......................................... ORS 279C.650 ("Labor dispute" defined)

(ee) "Land surveyor"........................................ ORS 279C.100 (Definitions for ORS 279C.100 to 279C.125)

(ff) "Legally flawed"....................................... ORS 279B.405 (Protests and judicial review of solicitations)

(gg) "Locality".................................................. ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870)

(hh) "Nonprofit

organization"............................................. ORS 279C.810 (Exemptions)

(ii) "Nonresident bidder"................................ ORS 279A.120 (Preference for Oregon goods and services)

(jj) "Not-for-profit

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

(kk) "Original contract".................................... ORS 279A.200 (Definitions for ORS 279A.200 to 279A.225)

(LL) "Permissive cooperative

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

(mm) "Person".................................................... ORS 279C.500 ("Person" defined)

and 279C.815 (Determination of prevailing wage)

(nn) "Personal services".................................... ORS 279C.100 (Definitions for ORS 279C.100 to 279C.125)

(oo) "Photogrammetric

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

(pp) "Photogrammetrist"................................... ORS 279C.100 (Definitions for ORS 279C.100 to 279C.125)

(qq) "Prevailing rate of

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

(rr) "Procurement

description"............................................... ORS 279B.005 (Definitions)

(ss) "Property"................................................. ORS 279A.250 (Definitions for ORS 279A.250 to 279A.290)

(tt) "Public agency"......................................... ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870)

(uu) "Public contract"....................................... ORS 279A.190 (Transfers of fire protection equipment between fire departments)

(vv) "Public works".......................................... ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870)

(ww) "Purchasing contracting

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

(xx) "Regularly organized fire

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

(yy) "Related services"..................................... ORS 279C.100 (Definitions for ORS 279C.100 to 279C.125)

(zz) "Request for

proposals".................................................. ORS 279B.005 (Definitions)

(aaa) "Resident bidder"..................................... ORS 279A.120 (Preference for Oregon goods and services)

(bbb) "Responsible bidder"................................ ORS 279A.105 (Subcontracting to emerging small businesses or businesses that service-disabled veterans own)

and 279B.005 (Definitions)

(ccc) "Responsible

proposer"................................................... ORS 279B.005 (Definitions)

(ddd) "Responsive bid"....................................... ORS 279B.005 (Definitions)

(eee) "Responsive

proposal"................................................... ORS 279B.005 (Definitions)

(fff) "Retainage"............................................... ORS 279C.550 ("Retainage" defined)

(ggg) "Special

procurement"............................................. ORS 279B.085 (Special procurements)

(hhh) "Specification".......................................... ORS 279B.200 (Definitions for ORS 279B.200 to 279B.240)

(iii) "State agency"........................................... ORS 279A.250 (Definitions for ORS 279A.250 to 279A.290)

(jjj) "Substantial

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

(kkk) "Surplus property"..................................... ORS 279A.250 (Definitions for ORS 279A.250 to 279A.290)

(LLL) "Transportation

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

(mmm) "Unnecessarily

restrictive"................................................. ORS 279B.405 (Protests and judicial review of solicitations) [2003 c.794 §2; 2003 c.794 §2a; 2005 c.22 §199; 2005 c.103 §1a; 2005 c.153 §2; 2005 c.360 §13; 2007 c.764 §1; 2011 c.458 §8]


1 Legislative Counsel Committee, CHAPTER 279A—Public Contracting - General Provisions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors279A.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.