OAR 839-025-0340
Circumventions of the Prevailing Wage Rate Law
(1)
A public agency circumvents the payment of the prevailing rate of wage when it knowingly or intentionally:(a)
Fails or refuses to include a provision stating the existing prevailing rate of wage in the contract specifications in violation of ORS 279C.830 (Provisions concerning prevailing rate of wage in specifications, contracts and subcontracts);(b)
Fails or refuses to include a provision in the contract that workers on the contract shall be paid no less than the specified minimum hourly rate of wage in violation of ORS 279C.830 (Provisions concerning prevailing rate of wage in specifications, contracts and subcontracts);(c)
Divides a project for the purpose of avoiding compliance with ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage) in violation of ORS 279C.827 (Division of public works project).(d)
Awards a contract to a contractor whose name appears on the list of ineligibles maintained pursuant to ORS 279C.860 (Ineligibility for public works contracts for failure to pay or post notice of prevailing rates of wage).(2)
The “specified minimum hourly rate of wage” as used in section (1)(b) of this rule means the applicable prevailing rate of wage.(3)
A contractor circumvents the payment of the prevailing rate of wage when it knowingly or intentionally awards a contract to a contractor whose name appears on the list of ineligibles maintained pursuant to ORS 279C.860 (Ineligibility for public works contracts for failure to pay or post notice of prevailing rates of wage).
Source:
Rule 839-025-0340 — Circumventions of the Prevailing Wage Rate Law, https://secure.sos.state.or.us/oard/view.action?ruleNumber=839-025-0340
.