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.

137–049–0100
Application
137–049–0110
Policies
137–049–0120
Definitions
137–049–0130
Competitive Bidding Requirement
137–049–0140
Contracts for Construction Other Than Public Improvements
137–049–0150
Emergency Contracts
137–049–0160
Intermediate Procurements
137–049–0200
Solicitation Documents
137–049–0210
Notice and Advertising Requirements
137–049–0220
Prequalification of Offerors
137–049–0230
Eligibility to Bid or Propose
137–049–0240
Pre-Offer Conferences
137–049–0250
Addenda to Solicitation Documents
137–049–0260
Request for Clarification or Change
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
137–049–0340
Late Bids, Late Withdrawals and Late Modifications
137–049–0350
Mistakes
137–049–0360
First-Tier Subcontractors
137–049–0370
Disqualification of Persons
137–049–0380
Bid or Proposal Evaluation Criteria
137–049–0390
Offer Evaluation and Award
137–049–0395
Notice of Intent to Award
137–049–0400
Documentation of Award
137–049–0410
Time for Contracting Agency Acceptance
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
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
137–049–0630
Findings, Notice and Hearing
137–049–0640
Competitive Proposals
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
137–049–0880
Records Maintenance
137–049–0890
Contracting Agency Payment for Unpaid Labor or Supplies
137–049–0900
Contract Suspension
137–049–0910
Changes to the Work and Contract Amendments
Last Updated

Jun. 24, 2021

Rule 137-049-0860’s source at or​.us