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]

Source: Section 279A.030 — Federal law prevails in case of conflict, https://www.­oregonlegislature.­gov/bills_laws/ors/ors279A.­html.

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)

Attorney General Opinions

Under former similar statute (ORS 279.748)

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

279A.005
Short title 279A.010
Definitions for Public Contracting Code 279A.015
Policy 279A.020
Organization of Public Contracting Code 279A.025
Application of Public Contracting Code 279A.030
Federal law prevails in case of conflict 279A.050
Procurement authority 279A.055
Personal services contracts 279A.060
Local contract review boards 279A.065
Model rules generally 279A.070
Rules 279A.075
Delegation 279A.100
Affirmative action 279A.105
Subcontracting to emerging small businesses or businesses that service-disabled veterans own 279A.107
Certification as disadvantaged business enterprise, minority-owned business, woman-owned business, business that service-disabled veteran owns or emerging small business during term of public contract 279A.110
Discrimination in subcontracting prohibited 279A.112
Requirement to certify that contractor has policy and practice of preventing sexual harassment, sexual assault and discrimination against employees who are members of protected class 279A.120
Preference for Oregon goods and services 279A.125
Preference for recycled materials 279A.128
Preference for goods fabricated or processed within state or services performed within state 279A.130
Preference for exceeding Buy America requirements for transit projects 279A.140
State procurement of goods and services 279A.142
Limitation of competition 279A.145
Recycled product purchasing information 279A.150
Procurement of goods containing recycled polyethylene material 279A.155
State procurement of paper 279A.157
State contracting agency use of contract form, contract template or solicitation template 279A.159
Education and training or experience requirements for persons that conduct procurements or administer contracts for state contracting agencies 279A.161
Review and verification of advice and recommendations concerning procurements 279A.165
Report concerning special procurements 279A.167
Certification program for training in pay equity provisions of state law 279A.180
Purchases through federal programs 279A.185
Local contracting agency arrangements for use or disposition of personal property authorized 279A.190
Transfers of fire protection equipment between fire departments 279A.200
Definitions for ORS 279A.200 to 279A.225 279A.205
Cooperative procurements authorized 279A.210
Joint cooperative procurements 279A.215
Permissive cooperative procurements 279A.220
Interstate cooperative procurements 279A.225
Protests and disputes 279A.250
Definitions for ORS 279A.250 to 279A.290 279A.255
Inspection, appraisal and inventory of state property 279A.260
Powers and duties of department 279A.265
Use of Oregon Department of Administrative Services Operating Fund 279A.270
Contracts with federal government for accepting gifts and acquiring surplus property 279A.275
Leasing of state property 279A.280
Disposal of surplus property 279A.285
Disposition of moneys received as payment for repair or replacement of damaged, destroyed, lost or stolen property 279A.290
Miscellaneous receipts accounts 279A.800
Consideration of whether bidder or proposer owes liquidated and delinquent debt to state 279A.803
Requirements for qualified projects funded with moneys from American Rescue Plan Act of 2021 279A.990
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 279A.030’s source at oregon​.gov