Public Contracting - Miscellaneous Provisions

ORS 279.835
Definitions for ORS 279.835 to 279.855


As used in ORS 279.835 (Definitions for ORS 279.835 to 279.855) to 279.855 (Entities that may obtain goods and services through Oregon Department of Administrative Services):

(1)

“Department” means the Oregon Department of Administrative Services.

(2)

“Direct labor” includes all hours directly related to the performance of a service or manufacture of a product, but not supervision, administration, inspection and shipping.

(3)

“Disability” means a physical or mental impairment that substantially limits one or more major life activities.

(4)

“Individual with a disability” means an individual who, because of the nature of disabilities, relies upon specialized employment services to find, secure and maintain employment.

(5)

“Public agency” or “public contracting agency” means any agency of the State of Oregon or any political subdivision thereof authorized by law to enter into public contracts and any public body created by intergovernmental agreement.

(6)

“Qualified nonprofit agency for individuals with disabilities” means a nonprofit organization:

(a)

Organized under the laws of the United States or of this state and operated to provide training or employment for individuals with disabilities in this state, and the net income of which does not inure in whole or in part to the benefit of any shareholder or other individual;

(b)

That complies with any applicable occupational health and safety standard required by the laws of the United States and of this state; and

(c)

That in the manufacture of products and in the provision of services, whether or not the products or services are procured under ORS 279.835 (Definitions for ORS 279.835 to 279.855) to 279.855 (Entities that may obtain goods and services through Oregon Department of Administrative Services), employs individuals with disabilities for not less than:

(A)

75 percent of the work hours of direct labor required for the manufacture or provision of the products or services during a fiscal year that begins on or before June 30, 2019.

(B)

65 percent of the work hours of direct labor required for the manufacture or provision of the products or services during a fiscal year that begins on or after July 1, 2019, and before June 30, 2021.

(C)

60 percent of the work hours of direct labor required for the manufacture or provision of the products or services, or the federal ratio, whichever is lower, during a fiscal year that begins on or after July 1, 2021. [1977 c.304 §3; 1983 c.690 §17; 1989 c.224 §42; 1991 c.93 §1; 1993 c.500 §34; 2001 c.104 §96; 2003 c.794 §229b; 2007 c.70 §62; 2019 c.371 §4]

Notes of Decisions

Requirement that individuals with disabilities be employed for not less than 75 percent of work hours applies to entity workforce generally, not to work connected with specific service or product that is subject of bidding. Independent Contractors Research Institute v. Department of Administrative Services, 207 Or App 78, 139 P3d 995 (2006), Sup Ct review denied

Chapter 279

Notes of Decisions

Political subdivisions subject to provisions of this [former] chapter are not required to comply with it before entering into contracts for supplies or services of public utilities whose rates are regulated by Motor Carriers Law, [former] ORS chapter 767. Bower Trucking and Whse. Co. v. Multnomah Cty., 35 Or App 427, 582 P2d 439 (1978)

Where state agency's objective in contracting for production of documentary films on construction of highway bridge was to obtain films for its own use, contract was not within statutory exceptions and was subject to competitive bidding procedures of this [former] chapter. Photo-Art Commercial Studios v. Hunter, 42 Or App 207, 600 P2d 471 (1979)

Atty. Gen. Opinions

Validity of 10-hour day, 40-hour week without overtime in public employment, (1972) Vol 35, p 1083; application of bidding requirements to sale of residence constructed by vocational education department, (1977) Vol 38, p 1090; incorporation of energy efficiency standards of Federal Energy Policy and Conservation Act of 1975 into state and local government purchasing specifications, (1978) Vol 39, p 35


Source

Last accessed
Jun. 26, 2021