Public Contracting - Public Improvements and Related Contracts

ORS 279C.860
Ineligibility for public works contracts for failure to pay or post notice of prevailing rates of wage

  • certified payroll reports to commissioner


(1)

A contractor or a subcontractor or a firm, corporation, partnership, limited liability company or association in which the contractor or subcontractor has a financial interest may not receive a contract or subcontract for public works for a period of three years after the date on which the Commissioner of the Bureau of Labor and Industries publishes the contractor’s or subcontractor’s name on the list described in subsection (2) of this section. The commissioner shall add a contractor’s or subcontractor’s name to the list after determining, in accordance with ORS chapter 183, that:

(a)

The contractor or subcontractor intentionally failed or refused to pay the prevailing rate of wage to workers employed upon public works;

(b)

The contractor failed to pay to the contractor’s employees amounts required under ORS 279C.840 (Payment of prevailing rate of wage) and a surety or another person paid the amounts on the contractor’s behalf;

(c)

The subcontractor failed to pay to the subcontractor’s employees amounts required under ORS 279C.840 (Payment of prevailing rate of wage) and the contractor, a surety or another person paid the amounts on the subcontractor’s behalf;

(d)

The contractor or subcontractor intentionally failed or refused to post the prevailing rates of wage as required under ORS 279C.840 (Payment of prevailing rate of wage) (4); or

(e)

The contractor or subcontractor intentionally falsified information in the certified statements the contractor or subcontractor submitted under ORS 279C.845 (Certified statements regarding payment of prevailing rates of wage).

(2)

The commissioner shall maintain a written list of the names of contractors and subcontractors the commissioner determines are ineligible under this section and the period of time for which the contractors and subcontractors are ineligible. The commissioner shall publish the list, furnish a copy of the list upon request and make the list available to contracting agencies.

(3)

If a contractor or subcontractor is a corporation or a limited liability company, the provisions of this section apply to any corporate officer or agent of the corporation or any member or manager of the limited liability company who is responsible for failing or refusing to pay or post the prevailing rate of wage, failing to pay to the contractor’s employees amounts required under ORS 279C.840 (Payment of prevailing rate of wage) that a surety or other person pays on the contractor’s behalf, failing to pay to a subcontractor’s employees amounts required under ORS 279C.840 (Payment of prevailing rate of wage) that the contractor, a surety or another person pays on the subcontractor’s behalf or intentionally falsifying information in the certified statements the contractor or subcontractor submits under ORS 279C.845 (Certified statements regarding payment of prevailing rates of wage).

(4)

For good cause shown, the commissioner may remove the name of a contractor or subcontractor from the ineligible list.

(5)

If a prevailing rate of wage claim is filed or the commissioner receives evidence indicating that a violation has occurred, a contractor or subcontractor required to pay the prevailing rate of wage to workers employed upon public works under ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage) shall send a certified copy of the payroll for workers employed upon public works when the commissioner requests the certified copy. [2003 c.794 §174; 2009 c.107 §1; 2013 c.239 §1; 2017 c.334 §5]

Notes of Decisions

Under Former Similar Statute (Ors 279.361)

Oregon's Little Davis-Bacon Act is different from federal act on which it was patterned and agency did not "carry on" construction of "public work" as defined in [former] ORS 279.348. Columbia-Pacific v. OPB, 102 Or App 212, 794 P2d 438 (1990)

This section establishes exclusive jurisdiction for determining intentional noncompliance with prevailing rate of wage laws with Bureau of Labor and Industries. Metro. Service Dist. v. Tigard Electric, Inc., 112 Or App 492, 829 P2d 727 (1992)

To "intentionally" fail to pay prevailing wage, employer must either consciously choose not to determine prevailing wage or consciously choose not to pay known prevailing wage. Labor Ready Northwest, Inc. v. Bureau of Labor and Industries, 188 Or App 346, 71 P3d 559 (2003), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021