Or. Admin. R. 137-049-0860
Current through Register Vol. 63, No. 6, June 1, 2024
Section 137-049-0860 - Public Works Contracts(1) Generally. ORS 279C.800 to 279C.870 regulates Public Works Contracts, as defined in 279C.800(6), and requirements for payment of prevailing wage rates. Also see administrative rules of the Bureau of Labor and Industries (BOLI) at OAR chapter 839.(2) Required Contract Conditions. As detailed in the above statutes and rules, every Public Works Contract must contain the following provisions: (a) Contracting Agency authority to pay certain unpaid claims and charge such amounts to Contractors, as set forth in ORS 279C.515(1).(b) Maximum hours of labor and overtime, as set forth in ORS 279C.520(1).(c) Employer notice to employees of hours and days that employees may be required to work, as set forth in ORS 279C.520(2).(d) Contractor required payments for certain services related to sickness or injury, as set forth in ORS 279C.530.(e) A requirement for payment of prevailing rate of wage, as set forth in ORS 279C.830(1). If both state and federal prevailing rates of wage apply, the contract and every subcontract must provide that all workers must be paid the higher of the applicable state or federal prevailing rate of wage.(f) A requirement for filing a public works bond by contractor and every subcontractor, as set forth in ORS 279C.830(2).(3) Requirements for Specifications. The Specifications for every Public Works Contract, consisting of the procurement package (such as the project manual, Bid or Proposal booklets, request for quotes or similar procurement Specifications), must contain the following provisions: (a) The state prevailing rate of wage, and, if applicable, the federal prevailing rate of wage, as required by ORS 279C.830(1)(a): (A) Physically contained within or attached to hard copies of procurement Specifications;(B) Included by a statement incorporating the applicable wage rate publication into the Specifications by reference, in compliance with OAR 839-025-0020; or, (iii) when the rates are available electronically or by Internet access, the rates may be incorporated into the Specifications by referring to the rates and providing adequate information on how to access them in compliance with OAR 839-025-0020.(b) If both state and federal prevailing rates of wage apply, a requirement that the contractor shall pay the higher of the applicable state or federal prevailing rate of wage to all workers. See BOLI rules at OAR 839-025-0020 and 0035.(c) A requirement for filing a public works bond by contractor and every subcontractor, as set forth in ORS 279C.830(2).Or. Admin. R. 137-049-0860
DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05; DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06; DOJ 19-2007, f. 12-28-07, cert. ef. 1-1-08; DOJ 15-2009, f. 12-1-09, cert. ef. 1-1-10; DOJ 10-2011, f. 11-29-11, cert. ef. 1-1-12Stat. Auth.: ORS 279A.065
Stats. Implemented: ORS 279C.800 - 279C.870, OL 2011, ch 458