Public Contracting - Miscellaneous Provisions

ORS 279.835
Definitions for ORS 279

As used in ORS 279.835 (Definitions for ORS 279) 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) 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

Source

Last accessed
Mar. 11, 2023

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