Chapter 279 — Public Contracting - Miscellaneous Provisions

 

2019 EDITION

 

 

PUBLIC CONTRACTING - MISCELLANEOUS PROVISIONS

 

PUBLIC FACILITIES, CONTRACTING & INSURANCE

 

279.835     Definitions for ORS 279.835 to 279.855

 

279.840     Purpose

 

279.845     Duties of Oregon Department of Administrative Services; prices for products and services of nonprofit agency for individuals with disabilities; sources of products and services; rules

 

279.850     Procurement of product or service; agreements for procurement; exceptions; preferences

 

279.853     Conditions required in contract for services with successor qualified nonprofit agency for individuals with disabilities

 

279.855     Entities that may obtain goods and services through Oregon Department of Administrative Services

 

279.005 [1993 c.724 §19; repealed by 2003 c.794 §332]

 

      279.007 [1993 c.724 §20; repealed by 2003 c.794 §332]

 

      279.008 [Repealed by 1975 c.771 §33]

 

      279.009 [1993 c.724 §39; repealed by 2003 c.794 §332]

 

      279.010 [Repealed by 1975 c.771 §33]

 

      279.011 [1975 c.771 §1; 1979 c.196 §1; 1979 c.869 §1a; 1981 c.54 §1; 1983 c.690 §2; 1991 c.20 §1; 1993 c.500 §29; 1997 c.685 §1; 2003 c.562 §1; repealed by 2003 c.794 §332]

 

      279.012 [Repealed by 1975 c.771 §33]

 

      279.013 [1975 c.771 §2; 1977 c.456 §1; 1979 c.195 §1; 1981 c.466 §1; 1981 c.528 §5; 1981 c.712 §1; repealed by 1983 c.690 §28]

 

      279.014 [Amended by 1967 c.202 §1; 1973 c.42 §1; repealed by 1975 c.771 §33]

 

      279.015 [1975 c.771 §3; 1977 c.304 §6; 1983 c.244 §1; 1983 c.590 §10; 1983 c.690 §3a; 1987 c.538 §1; 1987 c.777 §1; 1989 c.224 §40; 1989 c.454 §1; 1993 c.724 §21; 1995 c.612 §17; 1997 c.685 §2; 1997 c.802 §8a; 1999 c.59 §72; 2001 c.113 §1; 2002 s.s.1 c.3 §5; 2003 c.562 §2; 2005 c.625 §57; repealed by 2003 c.794 §332]

 

      279.016 [Amended by 1971 c.481 §1; repealed by 1975 c.771 §33]

 

      279.017 [1975 c.771 §4; 1983 c.690 §4; 1997 c.802 §9; repealed by 2003 c.794 §332]

 

      279.018 [Repealed by 1975 c.771 §33]

 

      279.019 [1975 c.771 §6; 1983 c.690 §5; 2002 s.s.1 c.3 §6; repealed by 2003 c.794 §332]

 

      279.020 [Repealed by 1975 c.771 §33]

 

      279.021 [1975 c.771 §5; repealed by 2003 c.794 §332]

 

      279.022 [Repealed by 1975 c.771 §33]

 

      279.023 [1975 c.771 §7; 1979 c.869 §2; 1981 c.281 §1; 1987 c.776 §2; 1997 c.239 §1; repealed by 2003 c.794 §332]

 

      279.024 [Repealed by 1975 c.771 §33]

 

      279.025 [Formerly 279.065; 1977 c.289 §1; 1979 c.282 §1; 1983 c.690 §6; 1985 c.724 §1; 1987 c.741 §18; 1987 c.776 §1; 1987 c.865 §2; 1991 c.197 §1; 1997 c.239 §2; 1997 c.802 §11; 1999 c.88 §1; repealed by 2003 c.794 §332]

 

      279.026 [Repealed by 1975 c.771 §33]

 

      279.027 [Formerly 279.070; 1997 c.351 §2; 1999 c.88 §2; 1999 c.689 §3; 2001 c.104 §86; 2001 c.507 §1; 2003 c.14 §139; 2003 c.535 §1; 2003 c.794 §229a; repealed by 2003 c.794 §332]

 

      279.028 [Repealed by 1975 c.771 §33]

 

      279.029 [Formerly 279.075; 1981 c.466 §2; 1987 c.865 §1; 1999 c.462 §1; 1999 c.647 §§1,1a; repealed by 2003 c.794 §332]

 

      279.030 [Amended by 1971 c.659 §1; repealed by 1975 c.771 §33]

 

      279.031 [Formerly 279.080; 1981 c.712 §2; repealed by 2003 c.794 §332]

 

      279.032 [Repealed by 1975 c.771 §33]

 

      279.033 [1975 c.771 §11; 1983 c.690 §7; 2003 c.618 §33; repealed by 2003 c.794 §332]

 

      279.034 [Repealed by 1975 c.771 §33]

 

      279.035 [1975 c.771 §12; 1985 c.724 §2; repealed by 2003 c.794 §332]

 

      279.036 [Amended by 1969 c.607 §1; repealed by 1975 c.771 §33]

 

      279.037 [1975 c.771 §13; 1977 c.289 §7; 1999 c.647 §2; 2001 c.546 §1; repealed by 2003 c.794 §332]

 

      279.038 [Repealed by 1975 c.771 §33]

 

      279.039 [1975 c.771 §14; 1977 c.289 §2; 1981 c.712 §3; 1983 c.690 §8; 1999 c.647 §3; repealed by 2003 c.794 §332]

 

      279.040 [Repealed by 1975 c.771 §33]

 

      279.041 [1975 c.771 §15; 1977 c.289 §3; 1981 c.712 §4; 1983 c.690 §9; 1999 c.647 §4; repealed by 2003 c.794 §332]

 

      279.042 [Repealed by 1975 c.771 §33]

 

      279.043 [1975 c.771 §17; 1977 c.289 §4; 1983 c.690 §10; repealed by 2003 c.794 §332]

 

      279.044 [Repealed by 1975 c.771 §33]

 

      279.045 [1975 c.771 §18; 1977 c.289 §5; 1983 c.690 §11; 1985 c.757 §6; 1997 c.802 §12; 1999 c.448 §8; 1999 c.647 §5; 1999 c.849 §§60,61; 2001 c.104 §§87,88; 2003 c.75 §32; repealed by 2003 c.794 §332]

 

      279.046 [Repealed by 1975 c.771 §33]

 

      279.047 [1975 c.771 §16; 1977 c.289 §6; 2001 c.712 §1; repealed by 2003 c.794 §332]

 

      279.048 [Repealed by 1975 c.771 §33]

 

      279.049 [1975 c.771 §26; 1983 c.690 §12; 1991 c.414 §1; 1999 c.29 §1; 2001 c.712 §2; repealed by 2003 c.794 §332]

 

      279.050 [Amended by 1969 c.349 §1; 1971 c.180 §1; repealed by 1975 c.771 §33]

 

      279.051 [1975 c.771 §27; 1979 c.196 §2; 1981 c.766 §1; 1983 c.690 §13; 1997 c.802 §1; repealed by 2003 c.794 §332]

 

      279.052 [Repealed by 1975 c.771 §33]

 

      279.053 [1975 c.771 §32; 1981 c.325 §4; 1985 c.724 §3; 1989 c.224 §41; repealed by 2003 c.794 §332]

 

      279.054 [Repealed by 1975 c.771 §33]

 

      279.055 [1975 c.771 §34(2); 1979 c.647 §1; 1979 c.804 §6; 1983 c.690 §14; repealed by 2003 c.794 §332]

 

      279.056 [1979 c.504 §2; repealed by 2003 c.794 §332]

 

      279.057 [1997 c.861 §2; 1999 c.59 §73; 2001 c.712 §3; 2001 c.948 §§1,3; repealed by 2003 c.794 §332]

      279.058 [2001 c.712 §5; repealed by 2003 c.794 §332]

 

      279.059 [1985 c.769 §§2,3; 1987 c.893 §6; 1989 c.1043 §7; repealed by 2003 c.794 §332]

 

      279.060 [1969 c.522 §2; repealed by 1975 c.771 §33]

 

      279.061 [1981 c.281 §2; repealed by 2003 c.794 §332]

 

      279.063 [1985 c.285 §2; repealed by 2003 c.794 §332]

 

      279.065 [1969 c.522 §3; 1975 c.771 §8; renumbered 279.025]

 

      279.067 [1983 c.690 §27; 1990 c.6 §1; 1997 c.685 §6; 1997 c.861 §3; 2001 c.104 §89; repealed by 2003 c.794 §332]

 

      279.070 [1969 c.522 §4; 1971 c.659 §2; 1975 c.771 §9; renumbered 279.027]

 

      279.073 [1991 c.323 §1; repealed by 2003 c.794 §332]

 

      279.075 [1969 c.522 §5; 1975 c.771 §10; renumbered 279.029]

 

      279.080 [1969 c.522 §6; renumbered 279.031]

 

      279.085 [1969 c.522 §7; repealed by 1975 c.771 §33]

 

      279.090 [1969 c.522 §8; repealed by 1975 c.771 §33]

 

      279.095 [1987 c.777 §2; repealed by 2003 c.794 §332]

 

      279.101 [1989 c.407 §§1,2; 1995 c.333 §26; repealed by 2003 c.794 §332]

 

      279.103 [1997 c.685 §4; 2002 s.s.1 c.3 §7; repealed by 2003 c.794 §332]

 

      279.106 [1989 c.1043 §9; repealed by 2003 c.794 §332]

 

      279.111 [1989 c.1043 §11; repealed by 2003 c.794 §332]

 

      279.116 [1995 c.375 §2; repealed by 2003 c.794 §332]

 

      279.310 [Amended by 1953 c.131 §3; 1973 c.523 §1; 1983 c.740 §76; 2001 c.104 §90; repealed by 2003 c.794 §332]

 

      279.312 [Amended by 1953 c.131 §3; 1957 c.586 §14; 1965 c.26 §1; 1969 c.493 §76; 1999 c.588 §1; repealed by 2003 c.794 §332]

 

      279.313 [1997 c.552 §20; repealed by 2003 c.794 §332]

 

      279.314 [Amended by 1981 c.712 §5; 1999 c.689 §1; repealed by 2003 c.794 §332]

 

      279.315 [Formerly 653.767; repealed by 1995 c.286 §34]

 

      279.316 [Amended by 1967 c.167 §1; 1979 c.5 §1; 1989 c.572 §1; 1993 c.279 §1; 1995 c.739 §2; 1997 c.265 §1; 1997 c.793 §1; 2001 c.104 §91; 2003 c.14 §140; repealed by 2003 c.794 §332]

 

      279.318 [Amended by 1973 c.523 §2; 1975 c.771 §19; 1991 c.638 §1; repealed by 2003 c.794 §332]

 

      279.319 [1989 c.1092 §5; repealed by 2003 c.794 §332]

 

      279.320 [Amended by 1967 c.359 §687; 1981 c.712 §6; subsection (2) enacted as 1989 c.684 §3; 2001 c.104 §92; 2001 c.190 §1; repealed by 2003 c.794 §332]

 

      279.321 [1997 c.828 §2; repealed by 2003 c.794 §332]

 

      279.322 [1999 c.689 §6; 2001 c.104 §93; 2001 c.507 §2; repealed by 2003 c.794 §332]

 

      279.323 [2001 c.507 §4; repealed by 2003 c.794 §332]

 

      279.324 [Amended by 1973 c.738 §1; 1975 c.771 §20; repealed by 2003 c.794 §332]

 

      279.326 [Amended by 1973 c.738 §2; repealed by 2003 c.794 §332]

 

      279.328 [Amended by 1973 c.738 §3; repealed by 2003 c.794 §332]

 

      279.330 [Amended by 1973 c.738 §4; repealed by 2003 c.794 §332]

 

      279.332 [Amended by 1973 c.738 §5; repealed by 2003 c.794 §332]

 

      279.333 [1973 c.738 §6; repealed by 2003 c.794 §332]

 

      279.334 [Amended by 1963 c.241 §1; 1967 c.167 §2; 1979 c.5 §2; 1981 c.281 §4; 1983 c.264 §1; 1989 c.572 §2; 1993 c.279 §2; 1995 c.739 §1; 1997 c.265 §2; 1997 c.793 §2; 2003 c.14 §141; repealed by 2003 c.794 §332]

 

      279.335 [1993 c.394 §2; 1997 c.631 §432; repealed by 2003 c.794 §332]

 

      279.336 [Amended by 1981 c.712 §7; repealed by 2003 c.794 §332]

 

      279.338 [Amended by 1981 c.712 §8; repealed by 2003 c.794 §332]

 

      279.340 [Amended by 1973 c.418 §1; 1995 c.286 §26; renumbered 653.268 in 2003]

 

      279.342 [Amended by 1953 c.579 §3; 1955 c.510 §1; 1967 c.67 §1; 1973 c.460 §1; 1975 c.770 §1; 1977 c.388 §1; 1981 c.361 §3; 1983 c.699 §4; 1995 c.286 §27; 1995 c.635 §2; 1997 c.793 §3; renumbered 653.269 in 2003]

 

      279.344 [Repealed by 1953 c.577 §2]

 

      279.346 [Repealed by 1953 c.577 §2]

 

      279.348 [1959 c.627 §1; 1969 c.369 §1; subsection (4) enacted as 1969 c.369 §3; subsection (5) enacted as 1969 c.369 §4; 1977 c.797 §1; 1979 c.282 §2; 1981 c.712 §9; 1983 c.710 §1; 1989 c.752 §1; 1997 c.810 §1; repealed by 2003 c.794 §332]

 

      279.349 [1995 c.594 §2; repealed by 2003 c.794 §332]

 

      279.350 [1959 c.627 §2; 1977 c.797 §2; 1981 c.712 §19; 1983 c.264 §2; 1983 c.710 §2; 1989 c.286 §1; 1995 c.594 §10; repealed by 2003 c.794 §332]

 

      279.352 [1959 c.627 §§3,4; 1965 c.449 §1; 1977 c.797 §3; 1979 c.282 §3; 1983 c.710 §3; 1995 c.594 §15; repealed by 2003 c.794 §332]

 

      279.354 [1959 c.627 §5; 1967 c.207 §1; 1977 c.797 §4; 1981 c.712 §12; 1983 c.710 §4; 1995 c.594 §16; 2001 c.337 §1; repealed by 2003 c.794 §332]

 

      279.355 [1969 c.369 §5; 1981 c.712 §13; repealed by 2003 c.794 §332]

 

      279.356 [1959 c.627 §§6,7; 1969 c.369 §6; 1981 c.712 §14; 1983 c.264 §4; 1983 c.711 §3; 1997 c.255 §1; repealed by 2003 c.794 §332]

 

      279.357 [1977 c.797 §8; 1981 c.712 §15; 1983 c.710 §5; 1985 c.766 §1; 1995 c.594 §3; 2001 c.628 §1; repealed by 2003 c.794 §332]

 

      279.358 [1975 c.772 §5; renumbered 279.400]

 

      279.359 [1977 c.797 §7; 1983 c.710 §6; 1995 c.594 §8; 1997 c.810 §2; repealed by 2003 c.794 §332]

 

      279.360 [1955 c.563 §1; 1963 c.136 §2; 1963 c.482 §1; 1971 c.743 §349; repealed by 1975 c.771 §33]

 

      279.361 [1977 c.797 §6; 1983 c.710 §7; 1995 c.594 §9; repealed by 2003 c.794 §332]

 

      279.362 [1955 c.563 §2; 1959 c.414 §1; repealed by 1975 c.773 §1]

 

      279.363 [1981 c.712 §11; 2001 c.746 §1; repealed by 2003 c.794 §332]

 

      279.365 [1983 c.711 §2; repealed by 2003 c.794 §332]

 

      279.370 [1995 c.594 §14; repealed by 2003 c.794 §332]

 

      279.375 [1995 c.594 §5; 1999 c.152 §1; repealed by 2003 c.794 §332]

 

      279.380 [1995 c.594 §12; repealed by 2003 c.794 §332]

 

      279.400 [Formerly 279.358; 1979 c.196 §3; repealed by 2003 c.794 §332]

 

      279.410 [1977 c.727 §3; repealed by 2003 c.794 §332]

 

      279.420 [1977 c.727 §4; 1983 c.690 §15; 1989 c.106 §1; 1991 c.516 §3; 1999 c.689 §11; repealed by 2003 c.794 §332]

 

      279.430 [1977 c.727 §5; repealed by 2003 c.794 §332]

 

      279.435 [Formerly 279.575; 1991 c.516 §1; 1999 c.689 §2; repealed by 2003 c.794 §332]

 

      279.445 [1991 c.516 §2; 1999 c.689 §2a; repealed by 2003 c.794 §332]

 

      279.502 [1957 c.650 §1; 1969 c.607 §2; repealed by 1975 c.771 §33]

 

      279.510 [Amended by 1955 c.526 §1; 1957 c.650 §2; 1965 c.26 §2; 1969 c.493 §77; repealed by 1975 c.771 §33]

 

      279.512 [Amended by 1957 c.650 §3; repealed by 1975 c.771 §33]

 

      279.514 [Amended by 1957 c.650 §4; repealed by 1975 c.771 §33]

 

      279.515 [1957 c.650 §5; repealed by 1975 c.771 §33]

 

      279.516 [Repealed by 1957 c.650 §15]

 

      279.518 [Amended by 1957 c.650 §9; renumbered 279.538]

 

      279.520 [Amended by 1953 c.131 §3; 1955 c.526 §2; repealed by 1957 c.650 §15]

 

      279.522 [Repealed by 1957 c.650 §15]

 

      279.524 [Repealed by 1957 c.650 §15]

 

      279.526 [Amended by 1953 c.131 §3; 1957 c.650 §6; 1969 c.689 §1; 1975 c.771 §21; 1981 c.712 §16; 1983 c.264 §3; 1985 c.526 §1; 1993 c.98 §6; 1999 c.521 §1; repealed by 2003 c.794 §332]

 

      279.528 [Amended by 1957 c.650 §7; 1969 c.689 §2; 1975 c.771 §22; 1985 c.526 §2; 1993 c.98 §7; 1999 c.521 §2; repealed by 2003 c.794 §332]

 

      279.530 [Amended by 1957 c.650 §10; renumbered 279.540]

 

      279.532 [Amended by 1953 c.131 §3; 1955 c.526 §3; 1957 c.650 §11; renumbered 279.542]

 

      279.534 [Amended by 1953 c.131 §3; 1957 c.650 §12; renumbered 279.544]

 

      279.536 [1957 c.650 §8; 1969 c.689 §3; 1975 c.771 §23; 1981 c.712 §17; 1985 c.526 §3; 1999 c.521 §3; repealed by 2003 c.794 §332]

 

      279.538 [Formerly 279.518; repealed by 2003 c.794 §332]

 

      279.540 [Formerly 279.530; repealed by 2003 c.794 §332]

 

      279.542 [Formerly 279.532; 1975 c.771 §23a; 2001 c.104 §94; repealed by 2003 c.794 §332]

 

      279.544 [Formerly 279.534; repealed by 1975 c.771 §33]

 

      279.545 [Formerly 279.731; 1997 c.552 §24; 2003 c.449 §34; repealed by 2003 c.794 §332]

 

      279.550 [1991 c.385 §63; repealed by 2003 c.794 §332]

 

      279.555 [Formerly 279.733; 1997 c.552 §25; repealed by 2003 c.794 §332]

 

      279.560 [Formerly 279.735; repealed by 2003 c.794 §332]

 

      279.562 [1997 c.552 §23; repealed by 2003 c.794 §332]

 

      279.565 [Formerly 279.737; repealed by 2003 c.794 §332]

 

      279.567 [1997 c.552 §22; repealed by 2003 c.794 §332]

 

      279.570 [Formerly 279.739; repealed by 2003 c.794 §332]

 

      279.573 [1991 c.385 §81; 1995 c.612 §18; 1997 c.552 §26; 2001 c.104 §95; 2003 c.55 §4; repealed by 2003 c.794 §332]

 

      279.575 [1969 c.423 §1; 1971 c.746 §1; 1973 c.384 §1; 1975 c.771 §28; 1975 c.772 §8; 1977 c.727 §1; 1979 c.406 §3; 1981 c.712 §18; 1985 c.435 §1; renumbered 279.435 in 1989]

 

      279.580 [1991 c.385 §64; repealed by 2003 c.794 §332]

 

      279.585 [1991 c.385 §65; repealed by 2003 c.794 §332]

 

      279.590 [1991 c.385 §66; repealed by 2003 c.794 §332]

 

      279.595 [1991 c.385 §67; repealed by 2003 c.794 §332]

 

      279.605 [1991 c.385 §68; repealed by 2003 c.794 §332]

 

      279.610 [Amended by 1957 c.418 §1; repealed by 1975 c.771 §33]

 

      279.612 [Amended by 1957 c.418 §2; 1969 c.415 §1; repealed by 1975 c.771 §33]

 

      279.614 [Repealed by 1975 c.771 §33]

 

      279.615 [1991 c.385 §71; repealed by 2003 c.794 §332]

 

      279.616 [Repealed by 1975 c.771 §33]

 

      279.617 [1991 c.385 §70; repealed by 2003 c.794 §332]

 

      279.618 [Amended by 1971 c.659 §3; repealed by 1975 c.771 §33]

 

      279.620 [Amended by 1955 c.693 §1; repealed by 1975 c.771 §33]

 

      279.621 [1991 c.385 §72; 2003 c.55 §5; repealed by 2003 c.794 §332]

 

      279.622 [Amended by 1963 c.28 §1; repealed by 1975 c.771 §33]

 

      279.624 [Repealed by 1975 c.771 §33]

 

      279.625 [1991 c.385 §73; renumbered 282.045 in 2003]

 

      279.626 [Repealed by 1975 c.771 §33]

 

      279.628 [Repealed by 1975 c.771 §33]

 

      279.630 [1991 c.385 §74; 2003 c.55 §6; repealed by 2003 c.794 §332]

 

      279.635 [1991 c.385 §75; 2003 c.55 §1; repealed by 2003 c.794 §332]

 

      279.640 [1991 c.385 §§76,77; 1997 c.552 §27; repealed by 2003 c.55 §2 and 2003 c.794 §332]

 

      279.645 [1991 c.385 §78; repealed by 2003 c.55 §2 and 2003 c.794 §332]

 

      279.650 [1991 c.385 §79; repealed by 2003 c.794 §332]

 

      279.710 [Amended by 1957 c.660 §1; 1977 c.598 §30; 1993 c.500 §30; 1997 c.802 §2; 2003 c.449 §20; repealed by 2003 c.794 §332]

 

      279.711 [Formerly 273.005; repealed by 2003 c.794 §332]

 

      279.712 [Amended by 1957 c.660 §2; 1973 c.84 §3; 1977 c.598 §31; 1983 c.590 §11; 1991 c.95 §2; 1993 c.500 §31; 1995 c.776 §1; 1997 c.802 §3; 1999 c.264 §3; 2001 c.300 §75; repealed by 2003 c.794 §332]

 

      279.714 [Amended by 1969 c.349 §2; 1969 c.607 §3; 1971 c.180 §2; repealed by 1975 c.771 §33]

 

      279.716 [Amended by 1969 c.607 §4; repealed by 1975 c.771 §33]

 

      279.717 [1977 c.314 §2; repealed by 2003 c.794 §332]

 

      279.718 [Repealed by 1975 c.771 §33]

 

      279.720 [Amended by 1969 c.607 §5; repealed by 1975 c.771 §33]

 

      279.722 [Amended by 1955 c.57 §1; 1971 c.743 §350; 1981 c.106 §3; 1997 c.802 §13; 2001 c.507 §5; repealed by 2003 c.794 §332]

 

      279.723 [Formerly 279.732; 1997 c.802 §4; repealed by 2003 c.794 §332]

 

      279.724 [Amended by 1953 c.11 §3; 1955 c.194 §1; repealed by 1975 c.771 §33]

 

      279.725 [Formerly 279.734; 1997 c.802 §5; repealed by 2003 c.794 §332]

 

      279.726 [Repealed by 1975 c.771 §33]

 

      279.727 [Formerly 279.738; 1995 c.776 §2; 1997 c.802 §6; repealed by 2003 c.794 §332]

 

      279.728 [Amended by 1955 c.45 §1; repealed by 1975 c.771 §33]

 

      279.729 [Formerly 279.740; 2001 c.683 §4; 2003 c.186 §14; repealed by 2003 c.794 §332]

 

      279.730 [Amended by 1969 c.597 §56; repealed by 1975 c.771 §33]

 

      279.731 [1975 c.240 §2; 1991 c.385 §59; renumbered 279.545 in 1991]

 

      279.732 [Renumbered 279.723]

 

      279.733 [1975 c.240 §3; 1991 c.385 §60; renumbered 279.555 in 1991]

 

      279.734 [Amended by 1953 c.11 §3; renumbered 279.725]

 

      279.735 [1975 c.240 §4; renumbered 279.560 in 1991]

 

      279.736 [Repealed by 1975 c.771 §33]

 

      279.737 [1975 c.240 §5; renumbered 279.565 in 1991]

 

      279.738 [Renumbered 279.727]

 

      279.739 [1975 c.240 §6; 1991 c.385 §61; renumbered 279.570 in 1991]

 

      279.740 [Amended by 1975 c.240 §7; renumbered 279.729]

 

      279.742 [Amended by 1959 c.662 §1; 1965 c.365 §6; 1967 c.419 §41; 1977 c.91 §1; 1981 c.106 §1; repealed by 2003 c.794 §332]

 

      279.744 [Repealed by 2003 c.794 §332]

 

      279.746 [Amended by 1997 c.802 §14; repealed by 2003 c.794 §332]

 

      279.748 [Repealed by 2003 c.794 §332]

 

      279.791 [1953 c.474 §5; 1981 c.106 §14; repealed by 1997 c.802 §22]

 

      279.795 [1969 c.263 §1; renumbered 177.190 in 2003]

 

      279.800 [1991 c.176 §2; 1993 c.500 §32; 1999 c.316 §10; repealed by 2003 c.794 §332]

 

      279.805 [Formerly 291.652 and then 283.210; repealed by 2003 c.794 §332]

 

      279.810 [Amended by 1955 c.47 §1; repealed by 1975 c.771 §33]

 

      279.812 [Repealed by 1975 c.771 §33]

 

      279.814 [Amended by 1955 c.47 §2; repealed by 1975 c.771 §33]

 

      279.816 [Amended by 1967 c.419 §28; repealed by 1975 c.771 §33]

 

      279.818 [Repealed by 1975 c.771 §33]

 

      279.820 [Amended by 1957 c.42 §1; 1959 c.662 §15; 1961 c.128 §1; 1975 c.771 §29; 1991 c.176 §3; repealed by 2003 c.794 §332]

 

      279.822 [Amended by 1957 c.42 §2; 1959 c.662 §14; 1975 c.771 §30; 1981 c.106 §15; 1983 c.740 §77; 1993 c.500 §33; repealed by 2003 c.794 §332]

 

      279.824 [Amended by 1975 c.771 §31; repealed by 2003 c.794 §332]

 

      279.826 [Formerly 291.654 and then 283.220; repealed by 2003 c.794 §332]

 

      279.828 [Formerly 283.230; 1997 c.379 §1; 2003 c.449 §35; repealed by 2003 c.794 §332]

 

      279.830 [Formerly 283.235; repealed by 2003 c.794 §332]

 

      279.831 [Formerly 291.666 and then 283.240; repealed by 2003 c.794 §332]

 

      279.833 [Formerly 291.678 and then 283.250; 2003 c.18 §5; repealed by 2003 c.794 §332]

 

      279.835 Definitions for ORS 279.835 to 279.855. As used in ORS 279.835 to 279.855:

      (1) “Department” means the Oregon Department of Administrative Services.

      (2) “Direct labor” includes all hours directly related to the performance of a service or manufacture of a product, but not supervision, administration, inspection and shipping.

      (3) “Disability” means a physical or mental impairment that substantially limits one or more major life activities.

      (4) “Individual with a disability” means an individual who, because of the nature of disabilities, relies upon specialized employment services to find, secure and maintain employment.

      (5) “Public agency” or “public contracting agency” means any agency of the State of Oregon or any political subdivision thereof authorized by law to enter into public contracts and any public body created by intergovernmental agreement.

      (6) “Qualified nonprofit agency for individuals with disabilities” means a nonprofit organization:

      (a) Organized under the laws of the United States or of this state and operated to provide training or employment for individuals with disabilities in this state, and the net income of which does not inure in whole or in part to the benefit of any shareholder or other individual;

      (b) That complies with any applicable occupational health and safety standard required by the laws of the United States and of this state; and

      (c) That in the manufacture of products and in the provision of services, whether or not the products or services are procured under ORS 279.835 to 279.855, employs individuals with disabilities for not less than:

      (A) 75 percent of the work hours of direct labor required for the manufacture or provision of the products or services during a fiscal year that begins on or before June 30, 2019.

      (B) 65 percent of the work hours of direct labor required for the manufacture or provision of the products or services during a fiscal year that begins on or after July 1, 2019, and before June 30, 2021.

      (C) 60 percent of the work hours of direct labor required for the manufacture or provision of the products or services, or the federal ratio, whichever is lower, during a fiscal year that begins on or after July 1, 2021. [1977 c.304 §3; 1983 c.690 §17; 1989 c.224 §42; 1991 c.93 §1; 1993 c.500 §34; 2001 c.104 §96; 2003 c.794 §229b; 2007 c.70 §62; 2019 c.371 §4]

 

      279.840 Purpose. The purpose of ORS 279.835 to 279.855, 279A.025 (4) and 279C.335 is to further the policy of this state to encourage and assist individuals with disabilities to achieve maximum personal independence within their communities through productive gainful employment by assuring an expanded and constant market for products and services produced by qualified nonprofit agencies for individuals with disabilities, thereby enhancing their dignity and capacity for self-support. [1977 c.304 §2; 1989 c.224 §43; 2003 c.794 §229c; 2007 c.70 §63; 2019 c.371 §5]

 

      279.845 Duties of Oregon Department of Administrative Services; prices for products and services of nonprofit agency for individuals with disabilities; sources of products and services; rules. (1) It is the duty of the Oregon Department of Administrative Services to:

      (a) Determine the price of all products manufactured and services offered for sale to the various public agencies by any qualified nonprofit agency for individuals with disabilities. The price shall recover the cost of raw materials, labor, overhead, delivery costs and a margin held in reserve for inventory and equipment replacement;

      (b) To revise such prices from time to time in accordance with changing cost factors;

      (c) To make such rules regarding specifications, time of delivery and other relevant matters of procedure as shall be necessary to carry out the purposes of ORS 279.835 to 279.855, 279A.025 (4) and 279C.335; and

      (d) To promote the requirements under ORS 279.835 to 279.855.

      (2) The department shall establish and publish a list of sources or potential sources of products produced by any qualified nonprofit agency for individuals with disabilities and the services provided by any such agency that the department determines are suitable for procurement by public agencies pursuant to ORS 279.835 to 279.855, 279A.025 (4) and 279C.335. This procurement list and revisions thereof shall be distributed to all public purchasing officers.

      (3) The department may not delegate any duty imposed under this section to any person or public agency outside of the department. [1977 c.304 §4; 1989 c.224 §44; 2003 c.794 §229d; 2007 c.70 §64; 2019 c.371 §6]

 

      279.850 Procurement of product or service; agreements for procurement; exceptions; preferences. (1)(a) Except as provided in paragraph (b) of this subsection and subject to paragraph (c) of this subsection, a public agency that intends to procure a product or service on the procurement list that the Oregon Department of Administrative Services established under ORS 279.845 shall, in accordance with the department’s rules, procure the product or service at the price the department establishes from a qualified nonprofit agency for individuals with disabilities, provided that the product or service is of the appropriate specifications and is available within the period the public agency requires.

      (b) A public agency may procure a product or service that is on the procurement list described in paragraph (a) of this subsection from a person other than a qualified nonprofit agency for individuals with disabilities if:

      (A) All of the qualified nonprofit agencies for individuals with disabilities on the procurement list that applies to the public agency have a record in the previous three years of repeatedly violating, or are not now in compliance with, applicable local ordinances or resolutions that govern labor standards; and

      (B) The person, for a period of 90 days after the person enters into an agreement with the public agency, offers to employ the employees of a qualified nonprofit agency for individuals with disabilities from which the public agency would have procured the product or service but for the failure of the qualified nonprofit agency for individuals with disabilities to comply with an applicable local ordinance or resolution that governs labor standards.

      (c) If a public agency may choose to procure a product or service from more than one qualified nonprofit agency for individuals with disabilities, the public agency may give a preference to the qualified nonprofit agency for individuals with disabilities that best demonstrates that the qualified nonprofit agency for individuals with disabilities:

      (A) Complies with all applicable local ordinances and resolutions that govern labor standards; and

      (B) Provides wages, health care benefits, alternative dispute resolution services and pension or other retirement arrangements that, in the aggregate, are better than the average package of wages, health care benefits, alternative dispute resolution services and pension or other retirement arrangements that private employers provide to employees that perform the same or similar job duties:

      (i) In the same industry in which the qualified nonprofit agency for individuals with disabilities engages; and

      (ii) In the county in which the qualified nonprofit agency for individuals with disabilities will deliver the product or perform the service.

      (2)(a) A public agency may require in any agreement with a qualified nonprofit agency for individuals with disabilities under ORS 279.835 to 279.855 that the qualified nonprofit agency for individuals with disabilities comply with applicable local ordinances or resolutions that govern labor standards.

      (b) A public agency may disqualify a qualified nonprofit agency for individuals with disabilities from entering into an agreement with the public agency under ORS 279.835 to 279.855 for a period of three years if the public agency:

      (A) Determines that the qualified nonprofit agency for individuals with disabilities repeatedly violated local ordinances or resolutions that govern labor standards during the term of an agreement with the public agency under ORS 279.835 to 279.855; or

      (B) Finds that the qualified nonprofit agency for individuals with disabilities has a record in the previous three years of repeatedly violating applicable local ordinances or resolutions that govern labor standards.

      (3) In furthering the purposes of ORS 279.835 to 279.855, 279A.025 (4) and 279C.335, the Legislative Assembly intends that the department, public agencies and qualified nonprofit agencies for individuals with disabilities cooperate closely. The department on behalf of public agencies and qualified nonprofit agencies for individuals with disabilities may enter into contractual agreements, cooperative working relationships or other arrangements that are necessary to effectively coordinate and efficiently realize the objectives of ORS 279.835 to 279.855, 279A.025 (4) and 279C.335 and any other law that governs a procurement of products or services. [1977 c.304 §5; 1989 c.224 §45; 2003 c.794 §229e; 2007 c.70 §65; 2015 c.526 §3]

 

      279.853 Conditions required in contract for services with successor qualified nonprofit agency for individuals with disabilities. (1)(a) If a public agency or a qualified nonprofit agency for individuals with disabilities terminates or declines to renew a contract procured under ORS 279.850 for janitorial services, grounds maintenance services or security services and the public agency enters into a new contract for the same services, the public agency shall provide in the new contract that the successor service provider, during a period that ends 90 days after the date on which the public agency enters into the new contract, offer employment to the individuals with disabilities who worked 28 hours or more per week under the terminated or nonrenewed contract at the time the contract ended, at wages and with health benefits as favorable as, or more favorable than, the wages and health benefits the individuals with disabilities received under the terminated or nonrenewed contract.

      (b) If the successor service provider under paragraph (a) of this subsection is not a qualified nonprofit agency for individuals with disabilities, the public agency shall provide in the new contract that the successor service provider, during a period that ends 90 days after the date on which the public agency enters into the new contract, offer employment to all individuals who worked 28 hours or more per week under the terminated or nonrenewed contract at the time the contract ended, except managers and supervisors, at wages and with health benefits as favorable as, or more favorable than, the wages and health benefits the individuals received under the terminated or nonrenewed contract.

      (2) A successor service provider that provides the same services under a new contract as provided under the terminated or nonrenewed contract may require an individual whom the successor service provider hires under subsection (1) of this section to undergo the hiring procedures and demonstrate during a probationary period the qualifications that the successor service provider establishes for new hires. [2015 c.526 §2; 2019 c.371 §7]

 

      279.855 Entities that may obtain goods and services through Oregon Department of Administrative Services. The following may purchase equipment, materials, supplies and services through the Oregon Department of Administrative Services in the same manner as state agencies as provided in ORS 279A.140 to 279A.161 and 279A.250 to 279A.290:

      (1) Qualified nonprofit agencies for individuals with disabilities participating in the program set forth in ORS 279.835 to 279.855, 279A.025 (4) and 279C.335.

      (2) Residential programs when under contract with the Department of Human Services to provide services to youth in the custody of the state.

      (3) Public benefit corporations, as defined in ORS 65.001, that provide public services either under contract with a state agency, as defined in ORS 171.133, or under contract with a unit of local government, as defined in ORS 190.003, that funds the contract, in whole or in part, with state funds. [1977 c.304 §7; 1989 c.224 §46; 1991 c.419 §1; 2001 c.900 §51; 2003 c.794 §229f; 2007 c.70 §66]

 

      279.990 [Amended by 1953 c.577 §2; subsection (4) (1979 Replacement Part) enacted as 1955 c.563 §3; 1969 c.369 §7; 1971 c.743 §351; repealed by 2003 c.794 §332]

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