ORS 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 (Collection and distribution of local taxes on income and sales) 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]
Note: Sections 1 to 3, chapter 153, Oregon Laws 2021, provide:
Sec. 1. Section 2 of this 2021 Act is added to and made a part of ORS chapter 279B. [2021 c.153 §1]
Sec. 2. (1)(a) After the effective date of this 2021 Act [June 3, 2021] and before July 31, 2022, a state contracting agency that awards a public contract under ORS 279B.055 (Competitive sealed bidding), 279B.060 (Competitive sealed proposals) or 279B.070 (Intermediate procurements) shall use forms or electronic systems the Director of the Oregon Department of Administrative Services specifies to report to the director not later than August 15, 2022:

(A)

How many procurements the state contracting agency solicited during the period described in this subsection;

(B)

The general nature of each procurement, including an estimate of the contract price; and

(C)

Which contract preferences set forth in statute or administrative rule, if any, the state contracting agency applied in evaluating bids or proposals in the course of awarding the public contracts.

(b)

In the report described in paragraph (a) of this subsection, each state contracting agency shall also:

(A)

State why the state contracting agency applied or did not apply any applicable discretionary preferences; and

(B)

Provide any other information or content the director requires for the report described in paragraph (a) of this subsection.

(2)

Intentionally left blank —Ed.

(a)

During the period described in subsection (1) of this section, the Oregon Department of Administrative Services shall develop training materials and specify procedures and best practices that state contracting agencies can use to determine which contract preferences must or should apply to a procurement, which contract preferences the state contracting agency may apply at the state contracting agency’s discretion and how to properly apply appropriate preferences while evaluating bids and proposals for, and awarding, public contracts.

(b)

Upon completing the training materials, procedures and practices described in paragraph (a) of this subsection, the department shall immediately make the training materials, procedures and practices available to state contracting agencies and provide any needed guidance on implementation.

(3)

Intentionally left blank —Ed.

(a)

Not later than September 30, 2022, the department shall submit to an interim committee of the Legislative Assembly related to public procurement a report that summarizes the information described in subsection (1) of this section. In the summary, the department shall identify which contract preferences state contracting agencies used in procurements during the period described in subsection (1) of this section, which potentially applicable contract preferences were not used and reasons that state contracting agencies gave for using or not using discretionary contract preferences.

(b)

In the report described in paragraph (a) of this subsection, the department shall recommend any changes in statute, administrative rule, policy or procedure the department determines are necessary to ensure that state contracting agencies apply contract preferences in accordance with the intent of the Legislative Assembly. [2021 c.153 §2]
Sec. 3. Section 2 of this 2021 Act is repealed on January 2, 2023. [2021 c.153 §3]

Source: Section 279B.045 — Contractor warranty and covenant concerning tax law compliance, https://www.­oregonlegislature.­gov/bills_laws/ors/ors279B.­html.

279B.005
Definitions
279B.010
Policy
279B.015
Applicability
279B.020
Maximum hours of labor on public contracts
279B.025
Procurement practices regarding recyclable and reusable goods
279B.030
Demonstration that procurement will cost less than performing service with contracting agency’s own personnel and resources or that performing service is not feasible
279B.033
Contents of cost analysis
279B.036
Determination of feasibility of procurement
279B.040
Prohibition on accepting bid or proposal from contractor that advised or assisted contracting agency to develop specifications or solicitation documents
279B.045
Contractor warranty and covenant concerning tax law compliance
279B.050
Methods of source selection
279B.055
Competitive sealed bidding
279B.060
Competitive sealed proposals
279B.065
Small procurements
279B.070
Intermediate procurements
279B.075
Sole-source procurements
279B.080
Emergency procurements
279B.085
Special procurements
279B.100
Cancellation, rejection, delay of invitations for bids or requests for proposals
279B.110
Responsibility of bidders and proposers
279B.112
Personnel deployment disclosure
279B.115
Qualified products lists
279B.120
Prequalification of prospective bidders and proposers
279B.125
Application for prequalification
279B.130
Debarment of prospective bidders and proposers
279B.135
Notice of intent to award
279B.140
Price agreements
279B.145
Finality of determinations
279B.200
Definitions for ORS 279B.200 to 279B.240
279B.205
Specifications to encourage reasonable competition
279B.210
Policy
279B.215
Brand name or equal specification
279B.220
Conditions concerning payment, contributions, liens, withholding
279B.225
Condition concerning salvaging, recycling, composting or mulching yard waste material
279B.230
Condition concerning payment for medical care and providing workers’ compensation
279B.235
Condition concerning hours of labor
279B.240
Exclusion of recycled oils prohibited
279B.270
State contracting agencies to use recovered resources and recycled materials
279B.275
Purchase of goods containing recycled polyethylene material
279B.280
Use of recycled products when economically feasible
279B.283
Condition concerning use of conflict minerals
279B.400
Protests and judicial review of approvals of special procurements
279B.405
Protests and judicial review of solicitations
279B.410
Protests of contract award
279B.415
Judicial review of protests of contract award
279B.420
Judicial review of other violations
279B.425
Review of prequalification and debarment decisions
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