Chapter 279A

 

      279A.030

 

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

 

      279A.055

 

NOTES OF DECISIONS

 

Under former similar statute (ORS 279.051)

 

      Local contract review board has broad discretion to designate contract as personal service contract when cost is secondary to other considerations, notwithstanding that contract may not involve professional, artistic or managerial discretion. McLean v. Buck Medical Services, Inc., 334 Or 17, 45 P3d 120 (2002)

 

      Local contract review boards may designate service contracts as exempt from wage and hour guarantees of [former] ORS 279.316 and [former] ORS 279.334. McLean v. Buck Medical Services, Inc., 334 Or 17, 45 P3d 120 (2002)

 

      Terms of personal service contract may be applied to individual working under contract notwithstanding that particular individual may not be performing personal services. McLean v. Buck Medical Services, Inc., 334 Or 17, 45 P3d 120 (2002)

 

      279A.140

 

NOTES OF DECISIONS

 

Under former similar statute (ORS 279.712)

      Course of dealing could not be asserted against state where prior actions in course of dealing conflicted with statutory requirements. Wegroup PC v. State of Oregon, 131 Or App 346, 885 P2d 709 (1994)

 

ATTY. GEN. OPINIONS

 

Under former similar statute (ORS 279.712)

 

      Uniform transportation voucher program, (1976) Vol 37, p 1480; authority of Military Department to contract for architectural services, (1976) Vol 38, p 129; Military Department’s utilization of General Services Department in obtaining food concession contracts for armories, (1977) Vol 38, p 1010

 

      279A.260

 

ATTY. GEN. OPINIONS

 

Under former similar statute (ORS 279.820)

 

      Application of section to acquisition and disposition of nonfederal surplus property, (1977) Vol 38, p 1570

 

      279A.280

 

ATTY. GEN. OPINIONS

 

Under former similar statute (ORS 279.828)

 

      Application of statute to non-state surplus property, (1977) Vol 38, p 1570