OAR 137-049-0860
Public Works Contracts
(1)
Generally. ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage) regulates Public Works Contracts, as defined in 279C.800 (Definitions for ORS 279C.800 to 279C.870)(6), and requirements for payment of prevailing wage rates. Also see administrative rules of the Bureau of Labor and Industries (BOLI) at OAR chapter 839.(2)
Required Contract Conditions. As detailed in the above statutes and rules, every Public Works Contract must contain the following provisions:(a)
Contracting Agency authority to pay certain unpaid claims and charge such amounts to Contractors, as set forth in ORS 279C.515 (Conditions concerning payment of claims by public officers, payment to persons furnishing labor or materials and complaints)(1).(b)
Maximum hours of labor and overtime, as set forth in ORS 279C.520 (Condition concerning hours of labor)(1).(c)
Employer notice to employees of hours and days that employees may be required to work, as set forth in ORS 279C.520 (Condition concerning hours of labor)(2).(d)
Contractor required payments for certain services related to sickness or injury, as set forth in ORS 279C.530 (Condition concerning payment for medical care and providing workers’ compensation).(e)
A requirement for payment of prevailing rate of wage, as set forth in ORS 279C.830 (Provisions concerning prevailing rate of wage in specifications, contracts and subcontracts)(1). If both state and federal prevailing rates of wage apply, the contract and every subcontract must provide that all workers must be paid the higher of the applicable state or federal prevailing rate of wage.(f)
A requirement for filing a public works bond by contractor and every subcontractor, as set forth in ORS 279C.830 (Provisions concerning prevailing rate of wage in specifications, contracts and subcontracts)(2).(3)
Requirements for Specifications. The Specifications for every Public Works Contract, consisting of the procurement package (such as the project manual, Bid or Proposal booklets, request for quotes or similar procurement Specifications), must contain the following provisions:(a)
The state prevailing rate of wage, and, if applicable, the federal prevailing rate of wage, as required by ORS 279C.830 (Provisions concerning prevailing rate of wage in specifications, contracts and subcontracts)(1)(a):(A)
Physically contained within or attached to hard copies of procurement Specifications;(B)
Included by a statement incorporating the applicable wage rate publication into the Specifications by reference, in compliance with OAR 839-025-0020 (Public Works Contracts and Contract Specifications; Required Conditions); or, (iii) when the rates are available electronically or by Internet access, the rates may be incorporated into the Specifications by referring to the rates and providing adequate information on how to access them in compliance with OAR 839-025-0020 (Public Works Contracts and Contract Specifications; Required Conditions).(b)
If both state and federal prevailing rates of wage apply, a requirement that the contractor shall pay the higher of the applicable state or federal prevailing rate of wage to all workers. See BOLI rules at OAR 839-025-0020 (Public Works Contracts and Contract Specifications; Required Conditions) and 0035.(c)
A requirement for filing a public works bond by contractor and every subcontractor, as set forth in ORS 279C.830 (Provisions concerning prevailing rate of wage in specifications, contracts and subcontracts)(2).
Source:
Rule 137-049-0860 — Public Works Contracts, https://secure.sos.state.or.us/oard/view.action?ruleNumber=137-049-0860.