OAR 839-025-0085
Contract Ineligibility

(1)

Under the following circumstances, the commissioner, in accordance with the Administrative Procedures Act, may determine that a contractor or a subcontractor or a firm, limited liability company, corporation, partnership or association in which the contractor or subcontractor has a financial interest may not receive a contract or subcontract for a public works for a period of three years:

(a)

The contractor or subcontractor intentionally failed or refused to pay the prevailing rate of wage to workers employed on a public works project as required under ORS 279C.840 (Payment of prevailing rate of wage);

(b)

The contractor failed to pay to the contractor’s employees amounts required under ORS 279C.840 (Payment of prevailing rate of wage) and a surety or another person paid the amounts on the contractor’s behalf;

(c)

The subcontractor failed to pay the prevailing rate of wage to workers employed on a public works project as required under ORS 279C.840 (Payment of prevailing rate of wage) and the contractor, a surety or another person paid the amounts owed on the subcontractor’s behalf;

(d)

The contractor or subcontractor intentionally failed or refused to post the prevailing wage rates as required under ORS 279C.840 (Payment of prevailing rate of wage)(4) and these rules; or

(e)

The contractor or subcontractor intentionally falsified information in the certified statements the contractor or subcontractor submitted under ORS 279C.845 (Certified statements regarding payment of prevailing rates of wage).

(2)

If a contractor or subcontractor is a corporation or a limited liability company, the provisions of this rule will apply to any corporate officer or agent of the corporation or any member or manager of the limited liability company who is responsible for failing or refusing to pay or post the prevailing wage rates, failing to pay to the contractor’s employees amounts required under ORS 279C.840 (Payment of prevailing rate of wage) that a surety or other person pays on the contractor’s behalf, failing to pay to a subcontractor’s employees amounts required under ORS 279C.840 (Payment of prevailing rate of wage) that the contractor, a surety or other person pays on the subcontractor’s behalf or intentionally falsifying information in the certified statements the contractor or subcontractor submits under ORS 279C.845 (Certified statements regarding payment of prevailing rates of wage).

(3)

As used in section (2) of this rule, any corporate officer or agent of the corporation or any member or manager of the limited liability company responsible for failing or refusing to pay or post the prevailing wage rates, failing to pay to the contractor’s employees amounts required under ORS 279C.840 (Payment of prevailing rate of wage) that a surety or other person pays on the contractor’s behalf, failing to pay to a subcontractor’s employees amounts required under ORS 279C.840 (Payment of prevailing rate of wage) that the contractor, surety or other person pays on the subcontractor’s behalf or intentionally falsifying information in the certified statements the contractor or subcontractor submits under ORS 279C.845 (Certified statements regarding payment of prevailing rates of wage), includes, but is not limited to, the following individuals when the individuals knew or should have known the amount of the applicable prevailing wages or that such wages must be posted:

(a)

The corporate president;

(b)

The corporate vice president;

(c)

The corporate secretary;

(d)

The corporate treasurer;

(e)

Any member or manager of the limited liability company;

(f)

Any other person acting as an agent of a corporate officer, the corporation, limited liability member or manager, or limited liability company.

(4)

The Wage and Hour Division will maintain a written list of the names of contractors, subcontractors and other persons who are ineligible to receive public works contracts and subcontracts. The list will contain the name of contractors, subcontractors and other persons and the name of any firms, corporations, limited liability companies, partnerships or associations in which the contractor, subcontractor or other persons have a financial interest. Except as provided in OAR 839-025-0095 (Removal of Names from List of Ineligibles), such names will remain on the list for the duration of the period, as determined by the commissioner, in which no contract or subcontract for public works may be received.

(5)

Before placing a name on the ineligible list referred to in section (4) of this rule, the commissioner will serve a notice of intended action upon the contractor or subcontractor in the same manner as service of summons or by certified mail, return receipt requested. The notice will include:

(a)

A reference to ORS 279C.840 (Payment of prevailing rate of wage);

(b)

A short and concise statement of the matters which constitute intentional failure or refusal to pay or post the prevailing rate of wage or intentional falsification of information in the certified statements;

(c)

A statement of the party’s right to request a contested case hearing and to be represented by counsel at such hearing, provided that any such request must be received by the commissioner in writing within 20 days of service of the notice;

(d)

A statement that the party’s name will be published on a list of persons ineligible to receive public works contracts or subcontracts, unless the party requests a contested case hearing as provided in section (5)(c) of this rule;

(e)

A statement that failure to make written request to the commissioner for a contested case hearing within the time specified will constitute a waiver of the right thereto; and

(f)

A statement that if a hearing is requested, the contractor or subcontractor will be given information on procedures and rights as required by ORS 183.413 (Notice to parties before hearing of rights and procedure)(2).

(6)

Upon the failure of the contractor or subcontractor to request a contested case hearing within the time specified, the commissioner or the commissioner’s designee will enter an order supporting the bureau’s action.

(7)

If a contractor or subcontractor makes a timely request for a contested case hearing, a hearing will be held in accordance with OAR 839-050-0000 (Statement of Purpose) to -0045 and presided over by an administrative law judge designated by the commissioner.

Source: Rule 839-025-0085 — Contract Ineligibility, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-025-0085.

839‑025‑0000
Notice of Proposed Rules 839‑025‑0003
Forms 839‑025‑0004
Definitions Generally 839‑025‑0005
Purpose and Procedure for Determination Requests 839‑025‑0006
Purpose and Procedure for Addition of Trade 839‑025‑0007
Purpose and Procedure for Special Wage Determination 839‑025‑0008
List of Planned Public Improvements and Cost Analysis 839‑025‑0010
Payroll and Certified Statement Requirements 839‑025‑0013
Notice of Public Works Form 839‑025‑0015
Public Works Bonds Requirements 839‑025‑0020
Public Works Contracts and Contract Specifications 839‑025‑0025
Required Records 839‑025‑0030
Records Availability 839‑025‑0033
Posting Requirements 839‑025‑0034
Establishing a Work Schedule 839‑025‑0035
Payment of Prevailing Rate of Wage 839‑025‑0037
Residential Construction Projects 839‑025‑0038
Use of Multiple Wage Rate Determinations on Projects 839‑025‑0040
Payment of Fringe Benefits 839‑025‑0043
Frequency of Payment of Fringe Benefits 839‑025‑0045
Youth Apprentices 839‑025‑0050
Overtime Wages Computations 839‑025‑0054
Exemption from Overtime Pay Requirements on Public Improvement Projects 839‑025‑0060
Apprentices Working upon Public Works Projects 839‑025‑0065
Trainees Working upon Public Works Projects 839‑025‑0080
Liability to Workers 839‑025‑0085
Contract Ineligibility 839‑025‑0090
List of Ineligibles 839‑025‑0095
Removal of Names from List of Ineligibles 839‑025‑0100
Exemptions from ORS 279C.800 to 279C.870 839‑025‑0150
Definitions Related to Installation of Art on Public Works 839‑025‑0155
Payment of Prevailing Rate of Wage for the Installation of Art on Public Works Projects 839‑025‑0200
Fees to Be Paid by Public Agency 839‑025‑0210
Adjustment of Fees Paid by Public Agency 839‑025‑0220
Fees for Contract Without Specific Award Amounts 839‑025‑0230
Fees for Contracts with Other Special Circumstances 839‑025‑0300
Actions that Circumvent Payment of Prevailing Wages Prohibited 839‑025‑0310
Division of Projects 839‑025‑0320
Payment of Prevailing Wage by Persons Other than Contractors or Subcontractors Prohibited 839‑025‑0330
Wage Averaging Prohibited 839‑025‑0340
Circumventions of the Prevailing Wage Rate Law 839‑025‑0500
Definitions Related to Civil Penalties for Violations of Prevailing Wage Rates on Public Works Matters 839‑025‑0510
Violations Separate and Distinct 839‑025‑0520
Criteria to Determine Civil Penalty 839‑025‑0530
Violations for Which a Civil Penalty May Be Assessed 839‑025‑0540
Schedule of Civil Penalties 839‑025‑0700
Prevailing Wage Rate Determination/Amendments to Determination 839‑025‑0750
Residential Prevailing Wage Rate Determinations
Last Updated

Jun. 8, 2021

Rule 839-025-0085’s source at or​.us