ORS 279A.025
Application of Public Contracting Code


(1)

Except as provided in subsections (2) to (4) of this section, the Public Contracting Code applies to all public contracting.

(2)

The Public Contracting Code does not apply to:

(a)

Contracts between a contracting agency and:

(A)

Another contracting agency;

(B)

The Oregon Health and Science University;

(C)

A public university listed in ORS 352.002 (Public universities);

(D)

The Oregon State Bar;

(E)

A governmental body of another state;

(F)

The federal government;

(G)

An American Indian tribe or an agency of an American Indian tribe;

(H)

A nation, or a governmental body in a nation, other than the United States; or

(I)

An intergovernmental entity formed between or among:
(i)
Governmental bodies of this or another state;
(ii)
The federal government;
(iii)
An American Indian tribe or an agency of an American Indian tribe;
(iv)
A nation other than the United States; or
(v)
A governmental body in a nation other than the United States;

(b)

Agreements authorized by ORS chapter 190 or by a statute, charter provision, ordinance or other authority for establishing agreements between or among governmental bodies or agencies or tribal governing bodies or agencies;

(c)

Insurance and service contracts as provided for under ORS 414.115 (Medical assistance by insurance or service contracts), 414.125 (Rates on insurance or service contracts), 414.135 (Contracts relating to direct providers of care and services) and 414.145 (Implementation of ORS 414.115, 414.125 or 414.135) for purposes of source selection;

(d)

Grants;

(e)

Contracts for professional or expert witnesses or consultants to provide services or testimony relating to existing or potential litigation or legal matters in which a public body is or may become interested;

(f)

Acquisitions or disposals of real property or interest in real property;

(g)

Sole-source expenditures when rates are set by law or ordinance for purposes of source selection;

(h)

Contracts for the procurement or distribution of textbooks;

(i)

Procurements by a contracting agency from an Oregon Corrections Enterprises program;

(j)

The procurement, transportation, sale or distribution of distilled liquor, as defined in ORS 471.001 (Definitions for ORS chapters 471 and 473), or the appointment of agents under ORS 471.230 (Distillery license) or 471.750 (Liquor stores and warehouses) by the Oregon Liquor and Cannabis Commission;

(k)

Contracts entered into under ORS chapter 180 between the Attorney General and private counsel or special legal assistants;

(L)

Contracts for the sale of timber from lands that the State Board of Forestry, the State Forestry Department, the State Parks and Recreation Commission or the State Parks and Recreation Department owns or manages;

(m)

Contracts for activities necessary or convenient for the sale of timber under paragraph (L) of this subsection, either separately from or in conjunction with contracts for the sale of timber, including but not limited to activities such as timber harvesting and sorting, transporting, gravel pit development or operation, and road construction, maintenance or improvement;

(n)

Contracts for forest protection or forest related activities, as described in ORS 477.406 (Cooperative contracts or agreements for forest protection or forest related activities), by the State Forester or the State Board of Forestry;

(o)

Contracts that the Housing and Community Services Department enters into in exercising the department’s duties prescribed in ORS chapters 456 and 458, except that the department’s public contracting for goods and services is subject to ORS chapter 279B;

(p)

Contracts that the State Treasurer enters into in exercising the powers of that office prescribed in ORS 178.010 (Oath and bond) to 178.090 (Manner of providing evidence of receipt of funds or securities) and 276A.242 (Portfolio-based management of information technology resources for State Treasurer) and ORS chapters 286A, 287A, 289, 293, 294 and 295, including but not limited to investment contracts and agreements, banking services, clearing house services and collateralization agreements, bond documents, certificates of participation and other debt repayment agreements, and any associated contracts, agreements and documents, regardless of whether the obligations that the contracts, agreements or documents establish are general, special or limited, except that the State Treasurer’s public contracting for goods and services is subject to ORS chapter 279B;

(q)

Contracts, agreements or other documents entered into, issued or established in connection with:

(A)

The issuance of obligations, as defined in ORS 286A.100 (Definitions for ORS 286A.100 and 286A.102) and 287A.310 (Definitions for ORS 287A.310 and 287A.315), of a public body;

(B)

Program loans and similar extensions or advances of funds, aid or assistance that a public body makes to a public or private body for the purpose of carrying out, promoting or sustaining activities or programs authorized by law; or

(C)

The investment of funds by a public body as authorized by law, and other financial transactions of a public body that by their character cannot practically be established under the competitive contractor selection procedures of ORS 279B.050 (Methods of source selection) to 279B.085 (Special procurements);

(r)

Contracts for employee benefit plans as provided in ORS 243.105 (Definitions for ORS 243.105 to 243.285) (1), 243.125 (Powers and duties of board) (4), 243.221 (Options that may be offered under flexible benefit plan), 243.275 (Additional benefit plans authorized), 243.291 (Plan eligibility), 243.303 (Local government authority to make health care insurance coverage available to retired officers and employees, spouses and children) and 243.565 (Administration of plan);

(s)

Contracts for employee benefit plans as provided in ORS 243.860 (Definitions for ORS 243.860 to 243.886) to 243.886 (Limitations on district participation in benefit plans); or

(t)

Any other public contracting of a public body specifically exempted from the code by another provision of law.

(3)

The Public Contracting Code does not apply to the contracting activities of:

(a)

The Oregon State Lottery Commission;

(b)

The legislative department;

(c)

The judicial department;

(d)

Semi-independent state agencies listed in ORS 182.454 (Semi-independent state agencies), except as provided in ORS 279.835 (Definitions for ORS 279.835 to 279.855) to 279.855 (Entities that may obtain goods and services through Oregon Department of Administrative Services) and 279A.250 (Definitions for ORS 279A.250 to 279A.290) to 279A.290 (Miscellaneous receipts accounts);

(e)

Oregon Corrections Enterprises;

(f)

The Oregon Film and Video Office, except as provided in ORS 279A.100 (Affirmative action) and 279A.250 (Definitions for ORS 279A.250 to 279A.290) to 279A.290 (Miscellaneous receipts accounts);

(g)

The Travel Information Council, except as provided in ORS 279A.250 (Definitions for ORS 279A.250 to 279A.290) to 279A.290 (Miscellaneous receipts accounts);

(h)

The Oregon 529 Savings Network and the Oregon 529 Savings Board;

(i)

The Oregon Innovation Council;

(j)

The Oregon Utility Notification Center; or

(k)

Any other public body specifically exempted from the code by another provision of law.

(4)

ORS 279A.200 (Definitions for ORS 279A.200 to 279A.225) to 279A.225 (Protests and disputes) and 279B.050 (Methods of source selection) to 279B.085 (Special procurements) do not apply to contracts made with qualified nonprofit agencies providing employment opportunities for individuals with disabilities under ORS 279.835 (Definitions for ORS 279.835 to 279.855) to 279.855 (Entities that may obtain goods and services through Oregon Department of Administrative Services). [2003 c.794 §5; 2003 c.794 §5a; 2005 c.22 §200; 2005 c.103 §3; 2005 c.109 §3; 2005 c.297 §3; 2005 c.748 §12; 2005 c.777 §15; 2007 c.7 §19; 2007 c.70 §67; 2007 c.71 §81; 2007 c.764 §2; 2007 c.783 §91; 2011 c.637 §88; 2013 c.492 §28; 2013 c.768 §123; 2015 c.447 §3; 2015 c.843 §19; 2017 c.183 §94; 2017 c.533 §3; 2019 c.90 §1; 2021 c.351 §19]

Source: Section 279A.025 — Application of Public Contracting Code, https://www.­oregonlegislature.­gov/bills_laws/ors/ors279A.­html.

279A.005
Short title
279A.010
Definitions for Public Contracting Code
279A.015
Policy
279A.020
Organization of Public Contracting Code
279A.025
Application of Public Contracting Code
279A.030
Federal law prevails in case of conflict
279A.050
Procurement authority
279A.055
Personal services contracts
279A.060
Local contract review boards
279A.065
Model rules generally
279A.070
Rules
279A.075
Delegation
279A.100
Affirmative action
279A.105
Subcontracting to emerging small businesses or businesses that service-disabled veterans own
279A.107
Certification as disadvantaged business enterprise, minority-owned business, woman-owned business, business that service-disabled veteran owns or emerging small business during term of public contract
279A.110
Discrimination in subcontracting prohibited
279A.112
Requirement to certify that contractor has policy and practice of preventing sexual harassment, sexual assault and discrimination against employees who are members of protected class
279A.120
Preference for Oregon goods and services
279A.125
Preference for recycled materials
279A.128
Preference for goods fabricated or processed within state or services performed within state
279A.130
Preference for exceeding Buy America requirements for transit projects
279A.140
State procurement of goods and services
279A.142
Limitation of competition
279A.145
Recycled product purchasing information
279A.150
Procurement of goods containing recycled polyethylene material
279A.155
State procurement of paper
279A.157
State contracting agency use of contract form, contract template or solicitation template
279A.159
Education and training or experience requirements for persons that conduct procurements or administer contracts for state contracting agencies
279A.161
Review and verification of advice and recommendations concerning procurements
279A.165
Report concerning special procurements
279A.167
Certification program for training in pay equity provisions of state law
279A.180
Purchases through federal programs
279A.185
Local contracting agency arrangements for use or disposition of personal property authorized
279A.190
Transfers of fire protection equipment between fire departments
279A.200
Definitions for ORS 279A.200 to 279A.225
279A.205
Cooperative procurements authorized
279A.210
Joint cooperative procurements
279A.215
Permissive cooperative procurements
279A.220
Interstate cooperative procurements
279A.225
Protests and disputes
279A.250
Definitions for ORS 279A.250 to 279A.290
279A.255
Inspection, appraisal and inventory of state property
279A.260
Powers and duties of department
279A.265
Use of Oregon Department of Administrative Services Operating Fund
279A.270
Contracts with federal government for accepting gifts and acquiring surplus property
279A.275
Leasing of state property
279A.280
Disposal of surplus property
279A.285
Disposition of moneys received as payment for repair or replacement of damaged, destroyed, lost or stolen property
279A.290
Miscellaneous receipts accounts
279A.800
Consideration of whether bidder or proposer owes liquidated and delinquent debt to state
279A.803
Requirements for qualified projects funded with moneys from American Rescue Plan Act of 2021
279A.990
Penalties
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