ORS § 279A.010

Current through 2024 Regular Session legislation effective June 6, 2024

Section 279A.010 - Definitions for Public Contracting Code

(1) As used in the Public Contracting Code, unless the context or a specifically applicable definition requires otherwise:

(a) "Bidder" means a person that submits a bid in response to an invitation to bid.

(b) "Contracting agency" means a public body authorized by law to conduct a procurement. "Contracting agency" includes, but is not limited to, the Director of the Oregon Department of Administrative Services and any person authorized by a contracting agency to conduct a procurement on the contracting agency's behalf. "Contracting agency" does not include the judicial department or the legislative department.

(c) "Days" means calendar days.

(d) "Department" means the Oregon Department of Administrative Services.

(e) "Director" means the Director of the Oregon Department of Administrative Services or a person designated by the director to carry out the authority of the director under the Public Contracting Code.

(f) "Emergency" means circumstances that:

(A) Could not have been reasonably foreseen;

(B) Create a substantial risk of loss, damage or interruption of services or a substantial threat to property, public health, welfare or safety; and

(C) Require prompt execution of a contract to remedy the condition.

(g) "Energy savings performance contract" means a public contract between a contracting agency and a qualified energy service company for the identification, evaluation, recommendation, design and construction of energy conservation measures, including a design-build contract, that guarantee energy savings or performance.

(h) "Executive department" has the meaning given that term in ORS 174.112.

(i) "Goods" includes supplies, equipment, materials, personal property, including any tangible, intangible and intellectual property and rights and licenses in relation thereto, and combinations of any of the items identified in this paragraph.

(j) "Goods and services" or "goods or services" includes combinations of any of the items identified in the definitions of "goods" and "services."

(k)

(A) "Grant" means:

(i) An agreement under which a contracting agency receives moneys, property or other assistance, including but not limited to federal assistance that is characterized as a grant by federal law or regulations, loans, loan guarantees, credit enhancements, gifts, bequests, commodities or other assets, from a grantor for the purpose of supporting or stimulating a program or activity of the contracting agency and in which no substantial involvement by the grantor is anticipated in the program or activity other than involvement associated with monitoring compliance with the grant conditions; or

(ii) An agreement under which a contracting agency provides moneys, property or other assistance, including but not limited to federal assistance that is characterized as a grant by federal law or regulations, loans, loan guarantees, credit enhancements, gifts, bequests, commodities or other assets, to a recipient for the purpose of supporting or stimulating a program or activity of the recipient and in which no substantial involvement by the contracting agency is anticipated in the program or activity other than involvement associated with monitoring compliance with the grant conditions.

(B) "Grant" does not include a public contract for a public improvement, for public works, as defined in ORS 279C. 800, or for emergency work, minor alterations or ordinary repair or maintenance necessary to preserve a public improvement, when under the public contract a contracting agency pays, in consideration for contract performance intended to realize or to support the realization of the purposes for which grant funds were provided to the contracting agency, moneys that the contracting agency has received under a grant.

(l) "Industrial oil" means any compressor, turbine or bearing oil, hydraulic oil, metal-working oil or refrigeration oil.

(m) "Judicial department" has the meaning given that term in ORS 174.113.

(n) "Legislative department" has the meaning given that term in ORS 174.114.

(o) "Local contract review board" means a local contract review board described in ORS 279A.060.

(p) "Local contracting agency" means a local government or special government body authorized by law to conduct a procurement. "Local contracting agency" includes any person authorized by a local contracting agency to conduct a procurement on behalf of the local contracting agency.

(q) "Local government" has the meaning given that term in ORS 174.116.

(r) "Lowest responsible bidder" means the lowest bidder who:

(A) Has substantially complied with all prescribed public contracting procedures and requirements;

(B) Has met the standards of responsibility set forth in ORS 279B.110 or 279C. 375;

(C) Has not been debarred or disqualified by the contracting agency under ORS 279B.130 or 279C. 440; and

(D) If the advertised contract is a public improvement contract, is not on the list created by the Construction Contractors Board under ORS 701.227.

(s) "Lubricating oil" means any oil intended for use in an internal combustion crankcase, transmission, gearbox or differential or an automobile, bus, truck, vessel, plane, train, heavy equipment or machinery powered by an internal combustion engine.

(t) "Person" means a natural person capable of being legally bound, a sole proprietorship, a corporation, a partnership, a limited liability company or partnership, a limited partnership, a for-profit or nonprofit unincorporated association, a business trust, two or more persons having a joint or common economic interest, any other person with legal capacity to contract or a public body.

(u) "Post-consumer waste" means a finished material that would normally be disposed of as solid waste, having completed its life cycle as a consumer item. "Post-consumer waste" does not include manufacturing waste.

(v) "Price agreement" means a public contract for the procurement of goods or services at a set price with:

(A) No guarantee of a minimum or maximum purchase; or

(B) An initial order or minimum purchase combined with a continuing contractor obligation to provide goods or services in which the contracting agency does not guarantee a minimum or maximum additional purchase.

(w) "Procurement" means the act of purchasing, leasing, renting or otherwise acquiring goods or services. "Procurement" includes each function and procedure undertaken or required to be undertaken by a contracting agency to enter into a public contract, administer a public contract and obtain the performance of a public contract under the Public Contracting Code.

(x) "Proposer" means a person that submits a proposal in response to a request for proposals.

(y) "Public body" has the meaning given that term in ORS 174.109.

(z) "Public contract" means a sale or other disposal, or a purchase, lease, rental or other acquisition, by a contracting agency of personal property, services, including personal services, public improvements, public works, minor alterations, or ordinary repair or maintenance necessary to preserve a public improvement. "Public contract" does not include grants.

(aa) "Public contracting" means procurement activities described in the Public Contracting Code relating to obtaining, modifying or administering public contracts or price agreements.

(bb) "Public Contracting Code" or "code" means ORS chapters 279A, 279B and 279C.

(cc) "Public improvement" means a project for construction, reconstruction or major renovation on real property by or for a contracting agency. "Public improvement" does not include:

(A) Projects for which no funds of a contracting agency are directly or indirectly used, except for participation that is incidental or related primarily to project design or inspection; or

(B) Emergency work, minor alteration, ordinary repair or maintenance necessary to preserve a public improvement.

(dd) "Public improvement contract" means a public contract for a public improvement. "Public improvement contract" does not include a public contract for emergency work, minor alterations, or ordinary repair or maintenance necessary to preserve a public improvement.

(ee) "Recycled material" means any material that would otherwise be a useless, unwanted or discarded material except for the fact that the material still has useful physical or chemical properties after serving a specific purpose and can, therefore, be reused or recycled.

(ff) "Recycled oil" means used oil that has been prepared for reuse as a petroleum product by refining, rerefining, reclaiming, reprocessing or other means, provided that the preparation or use is operationally safe, environmentally sound and complies with all laws and regulations.

(gg) "Recycled paper" means a paper product with not less than:

(A) Fifty percent of its fiber weight consisting of secondary waste materials; or

(B) Twenty-five percent of its fiber weight consisting of post-consumer waste.

(hh) "Recycled PETE" means post-consumer polyethylene terephthalate material.

(ii) "Recycled product" means all materials, goods and supplies, not less than 50 percent of the total weight of which consists of secondary and post-consumer waste with not less than 10 percent of its total weight consisting of post-consumer waste. "Recycled product" includes any product that could have been disposed of as solid waste, having completed its life cycle as a consumer item, but otherwise is refurbished for reuse without substantial alteration of the product's form.

(jj) "Secondary waste materials" means fragments of products or finished products of a manufacturing process that has converted a virgin resource into a commodity of real economic value. "Secondary waste materials" includes post-consumer waste. "Secondary waste materials" does not include excess virgin resources of the manufacturing process. For paper, "secondary waste materials" does not include fibrous waste generated during the manufacturing process such as fibers recovered from waste water or trimmings of paper machine rolls, mill broke, wood slabs, chips, sawdust or other wood residue from a manufacturing process.

(kk) "Services" mean services other than personal services designated under ORS 279A.055, except that, for state contracting agencies with procurement authority under ORS 279A.050 or 279A.140, "services" includes personal services as designated by the state contracting agencies.

(ll) "Special government body" has the meaning given that term in ORS 174.117.

(mm) "State agency" means the executive department, except the Secretary of State and the State Treasurer in the performance of the duties of their constitutional offices.

(nn) "State contracting agency" means an executive department entity authorized by law to conduct a procurement.

(oo) "State government" has the meaning given that term in ORS 174.111.

(pp) "Used oil" has the meaning given that term in ORS 459A.555.

(qq) "Virgin oil" means oil that has been refined from crude oil and that has not been used or contaminated with impurities.

(2) Other definitions appearing in the Public Contracting Code and the sections in which they appear are:

(a) "Administering contracting agency"	ORS 279A.200
(b) "Affirmative action"	ORS 279A.100
(c) "Architect"	ORS 279C. 100
(d) "Architectural, engineering, photogram-metric mapping, transportation planning or land surveying services"	ORS 279C. 100
(e) "Bid documents"	ORS 279C. 400
(f) "Bidder"	ORS 279B.415
(g) "Bids"	ORS 279C. 400
(h) "Brand name"	ORS 279B.405
(i) "Brand name or equal specification"	ORS 279B.200
(j) "Brand name specification"	ORS 279B.200
(k) "Class special procurement"	ORS 279B.085
(l) "Consultant"	ORS 279C. 115
(m) "Contract-specific special procurement"	ORS 279B.085
(n) "Cooperative procurement"	ORS 279A.200
(o) "Cooperative procurement group"	ORS 279A.200
(p) "Donee"	ORS 279A.250
(q) "Engineer"	ORS 279C. 100
(r) "Findings"	ORS 279C. 330
(s) "Fire protection equipment"	ORS 279A.190
(t) "Fringe benefits"	ORS 279C. 800
(u) "Funds of a public agency"	ORS 279C. 810
(v) "Good cause"	ORS 279C. 585
(w) "Good faith dispute"	ORS 279C. 580
(x) "Goods"	ORS 279B.115
(y) "Housing"	ORS 279C. 800
(z) "Interstate cooperative procurement"	ORS 279A.200
(aa) "Invitation to bid"	ORS 279B.005 and 279C. 400
(bb) "Joint cooperative procurement"	ORS 279A.200
(cc) "Labor dispute"	ORS 279C. 650
(dd) "Land surveyor"	ORS 279C. 100
(ee) "Legally flawed"	ORS 279B.405
(ff) "Locality"	ORS 279C. 800
(gg) "Nonprofit organization"	ORS 279C. 810
(hh) "Nonresident bidder"	ORS 279A.120
(ii) "Not-for-profit organization"	ORS 279A.250
(jj) "Original contract"	ORS 279A.200
(kk) "Permissive cooperative procurement"	ORS 279A.200
(ll) "Person"	ORS 279C. 500 and 279C. 815
(mm) "Personal services"	ORS 279C. 100
(nn) "Photogrammetric mapping"	ORS 279C. 100
(oo) "Photogrammetrist"	ORS 279C. 100
(pp) "Prevailing rate of wage"	ORS 279C. 800
(qq) "Procurement description"	ORS 279B.005
(rr) "Property"	ORS 279A.250
(ss) "Public agency"	ORS 279C. 800
(tt) "Public contract"	ORS 279A.190
(uu) "Public works"	ORS 279C. 800
(vv) "Purchasing contracting agency"	ORS 279A.200
(ww) "Regularly organized fire department"	ORS 279A.190
(xx) "Related services"	ORS 279C. 100
(yy) "Request for proposals"	ORS 279B.005
(zz) "Resident bidder"	ORS 279A.120
(aaa) "Responsible bidder"	ORS 279A.105 and 279B.005
(bbb) "Responsible proposer"	ORS 279B.005
(ccc) "Responsive bid"	ORS 279B.005
(ddd) "Responsive proposal"	ORS 279B.005
(eee) "Retainage"	ORS 279C. 550
(fff) "Special procurement"	ORS 279B.085
(ggg) "Specification"	ORS 279B.200
(hhh) "State agency"	ORS 279A.250
(iii) "Substantial completion"	ORS 279C. 465
(jjj) "Surplus property"	ORS 279A.250
(kkk) "Transportation planning services"	ORS 279C. 100
(lll) "Unnecessarily restrictive"	ORS 279B.405

ORS 279A.010

Amended by 2017 Ch. 715, § 4, eff. 10/6/2017, op. 1/1/2018.

2003 c. 794, § 2; 2003 c. 794, § 2a; 2005 c. 22, § 199; 2005 c. 103, § 1a; 2005 c. 153, § 2; 2005 c. 360, § 13; 2007 c. 764, § 1; 2011 c. 458, § 8