Application; Federal Override; Effective Date
(1)In addition to the general requirements set forth in Division 246 of these Rules, the Rules in this division 249 apply to Public Improvement Contracts. Only specific Rules in this division 249 apply to Public Contracts for Ordinary Construction Services as described in OAR 125-249-0140 (Contracts for Construction Other Than Public Improvements). In the event of conflict or ambiguity, the more specific requirements of the Rules in this division 249 take precedence over the more general requirements of the Rules in division 246.
(2)The Rules as a whole implement the Oregon Public Contracting Code (Code), as defined in ORS 279A.010 (Definitions for Public Contracting Code). This division 249 of the Rules specifically addresses matters covered in ORS Chapter 279C (Public Improvements and Related Contracts).005, 279C.010 (Applicability), 279C.300 (Policy on competition) through 279C.870 (Civil action to enforce payment of prevailing rates of wage). Rules related to Architectural, Engineering, Land Surveying, and Related Services are found in division 248.
(3)According to OAR 125-246-0100 (Application; Commentary; Federal Law Prevails) and except as otherwise expressly provided in ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) through 279C.870 (Civil action to enforce payment of prevailing rates of wage), applicable federal statutes and regulations govern when federal funds are involved and the federal statutes or regulations require additional conditions or conflict with the Code or with these Rules.
(4)For purposes of these division 249 Rules, the Department adopts the following Model Public Contract Rules, as revised and effective January 1, 2016: OAR 137-049-0130 (Competitive Bidding Requirement), 137-049-0140 (Contracts for Construction Other Than Public Improvements), 137-049-0150 (Emergency Contracts; Bidding and Bonding Exemptions), 137-049-0160 (Intermediate Procurements; Competitive Quotes and Amendments), 137-049-0200 (Solicitation Documents; Required Provisions; Assignment or Transfer), 137-049-0210 (Notice and Advertising Requirements; Posting), 137-049-0220 (Prequalification of Offerors), 137-049-0230 (Eligibility to Bid or Propose; Registration or License), 137-049-0240 (Pre-Offer Conferences), 137-049-0250 (Addenda to Solicitation Documents), 137-049-0260 (Request for Clarification or Change; Solicitation Protests), 137-049-0270 (Cancellation of Solicitation Document), 137-049-0280 (Offer Submissions), 137-049-0290 (Bid or Proposal Security), 137-049-0300 (Facsimile Bids and Proposals), 137-049-0310 (Electronic Procurement), 137-049-0320 (Pre-Closing Modification or Withdrawal of Offers), 137-049-0330 (Receipt, Opening and Recording of Offers; Confidentiality of Offers), 137-049-0340 (Late Bids, Late Withdrawals and Late Modifications), 137-049-0350 (Mistakes), 137-049-0360 (First-Tier Subcontractors; Disclosure and Substitution), 137-049-0370 (Disqualification of Persons), 137-049-0380 (Bid or Proposal Evaluation Criteria), 137-049-0390 (Offer Evaluation and Award; Determination of Responsibility), 137-049-0395 (Notice of Intent to Award), 137-049-0400 (Documentation of Award; Availability of Award Decisions), 137-049-0410 (Time for Contracting Agency Acceptance; Extension), 137-049-0420 (Negotiation With Bidders Prohibited), 137-049-0430 (Negotiation When Bids Exceed Cost Estimate), 137-049-0440 (Rejection of Offers), 137-049-0450 (Protest of Contractor Selection, Contract Award), 137-049-0460 (Performance and Payment Security; Waiver), 137-049-0470 (Substitute Contractor), 137-049-0490 (Foreign Contractor), 137-049-0600 (Purpose), 137-049-0610 (Definitions for Alternative Contracting Methods), 137-049-0620 (Use of Alternative Contracting Methods), 137-049-0640 (Competitive Proposals; Procedure), 137-049-0645 (Requests for Qualifications (RFQ)), 137-049-0650 (Requests for Proposals (“RFP”)), 137-049-0660 (RFP Pricing Mechanisms), 137-049-0670 (Design-Build Contracts), 137-049-0680 (Energy Savings Performance Contracts (ESPC)), 137-049-0690 (Construction Manager/General Contractor Services (“CM/GC Services”)), 137-049-0800 (Required Contract Clauses), 137-049-0810 (Waiver of Delay Damages Against Public Policy), 137-049-0815 (BOLI Public Works Bond), 137-049-0820 (Retainage), 137-049-0830 (Contractor Progress Payments), 137-049-0840 (Interest), 137-049-0850 (Final Inspection), 137-049-0860 (Public Works Contracts), 137-049-0870 (Specifications; Brand Name Products), 137-049-0880 (Records Maintenance; Right to Audit Records), 137-049-0890 (Contracting Agency Payment for Unpaid Labor or Supplies), 137-049-0900 (Contract Suspension; Termination Procedures), 137-049-0910 (Changes to the Work and Contract Amendments).
Rule 125-249-0100 — Application; Federal Override; Effective Date,