ORS 279B.045
Contractor warranty and covenant concerning tax law compliance

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Annotations

Every public contract that is subject to this chapter must include a representation and warranty from the contractor that the contractor has complied with the tax laws of this state or a political subdivision of this state, including but not limited to ORS 305.620 (Collection and distribution of local taxes on income and sales) and ORS chapters 316, 317 and 318. The public contract must also require a covenant from the contractor to continue to comply with the tax laws of this state or a political subdivision of this state during the term of the public contract and provide that a contractor’s failure to comply with the tax laws of this state or a political subdivision of this state before the contractor executed the public contract or during the term of the public contract is a default for which a contracting agency may terminate the public contract and seek damages and other relief available under the terms of the public contract or under applicable law. [2015 c.539 §3]

Note: Sections 1 to 3, chapter 153, Oregon Laws 2021, provide:

Sec. 1. Section 2 of this 2021 Act is added to and made a part of ORS chapter 279B. [2021 c.153 §1]

Sec. 2. (1)(a) After the effective date of this 2021 Act [June 3, 2021] and before July 31, 2022, a state contracting agency that awards a public contract under ORS 279B.055 (Competitive sealed bidding), 279B.060 (Competitive sealed proposals) or 279B.070 (Intermediate procurements) shall use forms or electronic systems the Director of the Oregon Department of Administrative Services specifies to report to the director not later than August 15, 2022:

(A)

How many procurements the state contracting agency solicited during the period described in this subsection;

(B)

The general nature of each procurement, including an estimate of the contract price; and

(C)

Which contract preferences set forth in statute or administrative rule, if any, the state contracting agency applied in evaluating bids or proposals in the course of awarding the public contracts.

(b)

In the report described in paragraph (a) of this subsection, each state contracting agency shall also:

(A)

State why the state contracting agency applied or did not apply any applicable discretionary preferences; and

(B)

Provide any other information or content the director requires for the report described in paragraph (a) of this subsection.

(2)

Intentionally left blank —Ed.

(a)

During the period described in subsection (1) of this section, the Oregon Department of Administrative Services shall develop training materials and specify procedures and best practices that state contracting agencies can use to determine which contract preferences must or should apply to a procurement, which contract preferences the state contracting agency may apply at the state contracting agency’s discretion and how to properly apply appropriate preferences while evaluating bids and proposals for, and awarding, public contracts.

(b)

Upon completing the training materials, procedures and practices described in paragraph (a) of this subsection, the department shall immediately make the training materials, procedures and practices available to state contracting agencies and provide any needed guidance on implementation.

(3)

Intentionally left blank —Ed.

(a)

Not later than September 30, 2022, the department shall submit to an interim committee of the Legislative Assembly related to public procurement a report that summarizes the information described in subsection (1) of this section. In the summary, the department shall identify which contract preferences state contracting agencies used in procurements during the period described in subsection (1) of this section, which potentially applicable contract preferences were not used and reasons that state contracting agencies gave for using or not using discretionary contract preferences.

(b)

In the report described in paragraph (a) of this subsection, the department shall recommend any changes in statute, administrative rule, policy or procedure the department determines are necessary to ensure that state contracting agencies apply contract preferences in accordance with the intent of the Legislative Assembly. [2021 c.153 §2]

Sec. 3. Section 2 of this 2021 Act is repealed on January 2, 2023. [2021 c.153 §3]

Source: Section 279B.045 — Contractor warranty and covenant concerning tax law compliance, https://www.oregonlegislature.gov/bills_laws/ors/ors279B.html.

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ORS 279B.045 Contractor warranty and covenant concerning tax law compliance

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ORS 279B.045
Contractor warranty and covenant concerning tax law compliance