Oregon General Provisions
Definitions for Public Contracting Code
As used in the Public Contracting Code, unless the context or a specifically applicable definition requires otherwise:
Bidder means a person that submits a bid in response to an invitation to bid.
Contracting agency means a public body authorized by law to conduct a procurement. Contracting agency includes, but is not limited to, the Director of the Oregon Department of Administrative Services and any person authorized by a contracting agency to conduct a procurement on the contracting agencys behalf. Contracting agency does not include the judicial department or the legislative department.
Days means calendar days.
Department means the Oregon Department of Administrative Services.
Director means the Director of the Oregon Department of Administrative Services or a person designated by the director to carry out the authority of the director under the Public Contracting Code.
Emergency means circumstances that:
Could not have been reasonably foreseen;
Create a substantial risk of loss, damage or interruption of services or a substantial threat to property, public health, welfare or safety; and
Require prompt execution of a contract to remedy the condition.
Energy savings performance contract means a public contract between a contracting agency and a qualified energy service company for the identification, evaluation, recommendation, design and construction of energy conservation measures, including a design-build contract, that guarantee energy savings or performance.
Goods includes supplies, equipment, materials, personal property, including any tangible, intangible and intellectual property and rights and licenses in relation thereto, and combinations of any of the items identified in this paragraph.
Goods and services or goods or services includes combinations of any of the items identified in the definitions of goods and services.
(A) Grant means:
An agreement under which a contracting agency receives moneys, property or other assistance, including but not limited to federal assistance that is characterized as a grant by federal law or regulations, loans, loan guarantees, credit enhancements, gifts, bequests, commodities or other assets, from a grantor for the purpose of supporting or stimulating a program or activity of the contracting agency and in which no substantial involvement by the grantor is anticipated in the program or activity other than involvement associated with monitoring compliance with the grant conditions; or
An agreement under which a contracting agency provides moneys, property or other assistance, including but not limited to federal assistance that is characterized as a grant by federal law or regulations, loans, loan guarantees, credit enhancements, gifts, bequests, commodities or other assets, to a recipient for the purpose of supporting or stimulating a program or activity of the recipient and in which no substantial involvement by the contracting agency is anticipated in the program or activity other than involvement associated with monitoring compliance with the grant conditions.
Grant does not include a public contract for a public improvement, for public works, as defined in ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870), or for emergency work, minor alterations or ordinary repair or maintenance necessary to preserve a public improvement, when under the public contract a contracting agency pays, in consideration for contract performance intended to realize or to support the realization of the purposes for which grant funds were provided to the contracting agency, moneys that the contracting agency has received under a grant.
Industrial oil means any compressor, turbine or bearing oil, hydraulic oil, metal-working oil or refrigeration oil.
Local contracting agency means a local government or special government body authorized by law to conduct a procurement. Local contracting agency includes any person authorized by a local contracting agency to conduct a procurement on behalf of the local contracting agency.
Lubricating oil means any oil intended for use in an internal combustion crankcase, transmission, gearbox or differential or an automobile, bus, truck, vessel, plane, train, heavy equipment or machinery powered by an internal combustion engine.
Person means a natural person capable of being legally bound, a sole proprietorship, a corporation, a partnership, a limited liability company or partnership, a limited partnership, a for-profit or nonprofit unincorporated association, a business trust, two or more persons having a joint or common economic interest, any other person with legal capacity to contract or a public body.
Post-consumer waste means a finished material that would normally be disposed of as solid waste, having completed its life cycle as a consumer item. Post-consumer waste does not include manufacturing waste.
Price agreement means a public contract for the procurement of goods or services at a set price with:
No guarantee of a minimum or maximum purchase; or
An initial order or minimum purchase combined with a continuing contractor obligation to provide goods or services in which the contracting agency does not guarantee a minimum or maximum additional purchase.
Procurement means the act of purchasing, leasing, renting or otherwise acquiring goods or services. Procurement includes each function and procedure undertaken or required to be undertaken by a contracting agency to enter into a public contract, administer a public contract and obtain the performance of a public contract under the Public Contracting Code.
Proposer means a person that submits a proposal in response to a request for proposals.
Public contract means a sale or other disposal, or a purchase, lease, rental or other acquisition, by a contracting agency of personal property, services, including personal services, public improvements, public works, minor alterations, or ordinary repair or maintenance necessary to preserve a public improvement. Public contract does not include grants.
Public contracting means procurement activities described in the Public Contracting Code relating to obtaining, modifying or administering public contracts or price agreements.
Public Contracting Code or code means ORS chapters 279A, 279B and 279C.
Public improvement means a project for construction, reconstruction or major renovation on real property by or for a contracting agency. Public improvement does not include:
Projects for which no funds of a contracting agency are directly or indirectly used, except for participation that is incidental or related primarily to project design or inspection; or
Emergency work, minor alteration, ordinary repair or maintenance necessary to preserve a public improvement.
Public improvement contract means a public contract for a public improvement. Public improvement contract does not include a public contract for emergency work, minor alterations, or ordinary repair or maintenance necessary to preserve a public improvement.
Recycled material means any material that would otherwise be a useless, unwanted or discarded material except for the fact that the material still has useful physical or chemical properties after serving a specific purpose and can, therefore, be reused or recycled.
Recycled oil means used oil that has been prepared for reuse as a petroleum product by refining, rerefining, reclaiming, reprocessing or other means, provided that the preparation or use is operationally safe, environmentally sound and complies with all laws and regulations.
Recycled paper means a paper product with not less than:
Fifty percent of its fiber weight consisting of secondary waste materials; or
Twenty-five percent of its fiber weight consisting of post-consumer waste.
Recycled PETE means post-consumer polyethylene terephthalate material.
Recycled product means all materials, goods and supplies, not less than 50 percent of the total weight of which consists of secondary and post-consumer waste with not less than 10 percent of its total weight consisting of post-consumer waste. Recycled product includes any product that could have been disposed of as solid waste, having completed its life cycle as a consumer item, but otherwise is refurbished for reuse without substantial alteration of the products form.
Secondary waste materials means fragments of products or finished products of a manufacturing process that has converted a virgin resource into a commodity of real economic value. Secondary waste materials includes post-consumer waste. Secondary waste materials does not include excess virgin resources of the manufacturing process. For paper, secondary waste materials does not include fibrous waste generated during the manufacturing process such as fibers recovered from waste water or trimmings of paper machine rolls, mill broke, wood slabs, chips, sawdust or other wood residue from a manufacturing process.