Public Contracting - General Provisions

ORS 279A.025
Application of Public Contracting Code

(1)

Except as provided in subsections (2) to (4) of this section, the Public Contracting Code applies to all public contracting.

(2)

The Public Contracting Code does not apply to:

(a)

Contracts between a contracting agency and:

(A)

Another contracting agency;

(B)

The Oregon Health and Science University;

(C)

A public university listed in ORS 352.002 (Public universities);

(D)

The Oregon State Bar;

(E)

A governmental body of another state;

(F)

The federal government;

(G)

An American Indian tribe or an agency of an American Indian tribe;

(H)

A nation, or a governmental body in a nation, other than the United States; or

(I)

An intergovernmental entity formed between or among:

(i)

Governmental bodies of this or another state;

(ii)

The federal government;
(iii) An American Indian tribe or an agency of an American Indian tribe;

(iv)

A nation other than the United States; or

(v)

A governmental body in a nation other than the United States;

(b)

Agreements authorized by ORS chapter 190 or by a statute, charter provision, ordinance or other authority for establishing agreements between or among governmental bodies or agencies or tribal governing bodies or agencies;

(c)

Insurance and service contracts as provided for under ORS 414.115 (Medical assistance by insurance or service contracts), 414.125 (Rates on insurance or service contracts), 414.135 (Contracts relating to direct providers of care and services) and 414.145 (Implementation of ORS 414.115, 414.125 or 414.135) for purposes of source selection;

(d)

Grants;

(e)

Contracts for professional or expert witnesses or consultants to provide services or testimony relating to existing or potential litigation or legal matters in which a public body is or may become interested;

(f)

Acquisitions or disposals of real property or interest in real property;

(g)

Sole-source expenditures when rates are set by law or ordinance for purposes of source selection;

(h)

Contracts for the procurement or distribution of textbooks;

(i)

Procurements by a contracting agency from an Oregon Corrections Enterprises program;

(j)

The procurement, transportation, sale or distribution of distilled liquor, as defined in ORS 471.001 (Definitions for ORS chapters 471 and 473), or the appointment of agents under ORS 471.230 (Distillery license) or 471.750 (Liquor stores and warehouses) by the Oregon Liquor Control Commission;

(k)

Contracts entered into under ORS chapter 180 between the Attorney General and private counsel or special legal assistants;

(L)

Contracts for the sale of timber from lands that the State Board of Forestry, the State Forestry Department, the State Parks and Recreation Commission or the State Parks and Recreation Department owns or manages;

(m)

Contracts for activities necessary or convenient for the sale of timber under paragraph (L) of this subsection, either separately from or in conjunction with contracts for the sale of timber, including but not limited to activities such as timber harvesting and sorting, transporting, gravel pit development or operation, and road construction, maintenance or improvement;

(n)

Contracts for forest protection or forest related activities, as described in ORS 477.406 (Cooperative contracts or agreements for forest protection or forest related activities), by the State Forester or the State Board of Forestry;

(o)

Contracts that the Housing and Community Services Department enters into in exercising the department’s duties prescribed in ORS chapters 456 and 458, except that the department’s public contracting for goods and services is subject to ORS chapter 279B;

(p)

Contracts that the State Treasurer enters into in exercising the powers of that office prescribed in ORS 178.010 (Oath and bond) to 178.090 (Manner of providing evidence of receipt of funds or securities) and 276A.242 (Portfolio-based management of information technology resources for State Treasurer) and ORS chapters 286A, 287A, 289, 293, 294 and 295, including but not limited to investment contracts and agreements, banking services, clearing house services and collateralization agreements, bond documents, certificates of participation and other debt repayment agreements, and any associated contracts, agreements and documents, regardless of whether the obligations that the contracts, agreements or documents establish are general, special or limited, except that the State Treasurer’s public contracting for goods and services is subject to ORS chapter 279B;

(q)

Contracts, agreements or other documents entered into, issued or established in connection with:

(A)

The issuance of obligations, as defined in ORS 286A.100 (Definitions for ORS 286A.100 and 286A.102) and 287A.310 (Definitions for ORS 287A.310 and 287A.315), of a public body;

(B)

Program loans and similar extensions or advances of funds, aid or assistance that a public body makes to a public or private body for the purpose of carrying out, promoting or sustaining activities or programs authorized by law; or

(C)

The investment of funds by a public body as authorized by law, and other financial transactions of a public body that by their character cannot practically be established under the competitive contractor selection procedures of ORS 279B.050 (Methods of source selection) to 279B.085 (Special procurements);

(r)

Contracts for employee benefit plans as provided in ORS 243.105 (Definitions for ORS 243.105 to 243.285) (1), 243.125 (Powers and duties of board) (4), 243.221 (Options that may be offered under flexible benefit plan), 243.275 (Additional benefit plans authorized), 243.291 (Plan eligibility), 243.303 (Local government authority to make health care insurance coverage available to retired officers and employees, spouses and children) and 243.565 (Administration of plan);

(s)

Contracts for employee benefit plans as provided in ORS 243.860 (Definitions for ORS 243.860 to 243.886) to 243.886 (Limitations on district participation in benefit plans); or

(t)

Any other public contracting of a public body specifically exempted from the code by another provision of law.

(3)

The Public Contracting Code does not apply to the contracting activities of:

(a)

The Oregon State Lottery Commission;

(b)

The legislative department;

(c)

The judicial department;

(d)

Semi-independent state agencies listed in ORS 182.454 (Semi-independent state agencies), except as provided 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) and 279A.250 (Definitions for ORS 279A.250 to 279A.290) to 279A.290 (Miscellaneous receipts accounts);

(e)

Oregon Corrections Enterprises;

(f)

The Oregon Film and Video Office, except as provided in ORS 279A.100 (Affirmative action) and 279A.250 (Definitions for ORS 279A.250 to 279A.290) to 279A.290 (Miscellaneous receipts accounts);

(g)

The Travel Information Council, except as provided in ORS 279A.250 (Definitions for ORS 279A.250 to 279A.290) to 279A.290 (Miscellaneous receipts accounts);

(h)

The Oregon 529 Savings Network and the Oregon 529 Savings Board;

(i)

The Oregon Innovation Council;

(j)

The Oregon Utility Notification Center; or

(k)

Any other public body specifically exempted from the code by another provision of law.

(4)

ORS 279A.200 (Definitions for ORS 279A.200 to 279A.225) to 279A.225 (Protests and disputes) and 279B.050 (Methods of source selection) to 279B.085 (Special procurements) do not apply to contracts made with qualified nonprofit agencies providing employment opportunities for individuals with disabilities 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). [2003 c.794 §5; 2003 c.794 §5a; 2005 c.22 §200; 2005 c.103 §3; 2005 c.109 §3; 2005 c.297 §3; 2005 c.748 §12; 2005 c.777 §15; 2007 c.7 §19; 2007 c.70 §67; 2007 c.71 §81; 2007 c.764 §2; 2007 c.783 §91; 2011 c.637 §88; 2013 c.492 §28; 2013 c.768 §123; 2015 c.447 §3; 2015 c.843 §19; 2017 c.183 §94; 2017 c.533 §3; 2019 c.90 §1]
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Last accessed
Jun. 26, 2021

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