Public Contracting - General Provisions

ORS 279A.030
Federal law prevails in case of conflict


Except as otherwise expressly provided in ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage), and notwithstanding ORS 279C.005 (Definitions) to 279C.670 (Application of ORS 279C.650 to 279C.670) and this chapter and ORS chapter 279B, applicable federal statutes and regulations govern when federal funds are involved and the federal statutes or regulations conflict with any provision of ORS 279C.005 (Definitions) to 279C.670 (Application of ORS 279C.650 to 279C.670) or this chapter or ORS chapter 279B, or require additional conditions in public contracts not authorized by ORS 279C.005 (Definitions) to 279C.670 (Application of ORS 279C.650 to 279C.670) or this chapter or ORS chapter 279B. [2003 c.794 §6]

Notes of Decisions

For federal law to apply to federally funded project under public contracting project in Oregon, (1) federal law must be applicable to project; and (2) federal law must either conflict with state public contracting law or impose additional requirements that are not authorized by state law. State v. Smith & Smith Excavation, 280 Or App 766, 386 P3d 112 (2016)

Federal funding alone is insufficient to make federal Miller Act applicable to public contracting project. State v. Smith & Smith Excavation, 280 Or App 766, 386 P3d 112 (2016)

Where state agency awarded federal funds to nonfederal agency for construction project on nonfederal property, project does not fall within scope of federal Miller Act. State v. Smith & Smith Excavation, 280 Or App 766, 386 P3d 112 (2016)

Atty. Gen. Opinions

Under Former Similar Statute (Ors 279.748)

Agency purchase of vehicles, (1976) Vol 37, p 1021


Source

Last accessed
Jun. 26, 2021