Chapter 279
NOTES OF DECISIONS
Political
subdivisions subject to provisions of this [former] chapter are not required to
comply with it before entering into contracts for supplies or services of
public utilities whose rates are regulated by Motor Carriers Law, [former] ORS
chapter 767. Bower Trucking and Whse. Co. v.
Multnomah Cty., 35 Or App 427, 582 P2d 439 (1978)
Where
state agency’s objective in contracting for production of documentary films on
construction of highway bridge was to obtain films for its own use, contract
was not within statutory exceptions and was subject to competitive bidding
procedures of this [former] chapter. Photo-Art Commercial Studios v. Hunter, 42
Or App 207, 600 P2d 471 (1979)
ATTY. GEN. OPINIONS: Validity of 10-hour
day, 40-hour week without overtime in public employment, (1972) Vol 35, p 1083; application of bidding requirements to sale
of residence constructed by vocational education department, (1977) Vol 38, p 1090; incorporation of energy efficiency
standards of Federal Energy Policy and Conservation Act of 1975 into state and
local government purchasing specifications, (1978) Vol
39, p 35
279.005 to 279.111
NOTE:
Subject sections all subsequently repealed; but see sec. 334 and 336, c. 794,
Oregon Laws 2003
NOTES OF DECISIONS
Local
housing authorities qualify as public agencies subject to contracting and
bonding requirements. Platt Electric Supply, Inc. v. Van Horn, 160 Or App 248,
982 P2d 1 (1999)
279.011 to 279.055
NOTE:
Subject sections all subsequently repealed; but see sec. 334 and 336, c. 794,
Oregon Laws 2003
ATTY. GEN. OPINIONS: Uniform contract
procedure for agencies, (1976) Vol 37, p 1534;
authority of Military Department to contract for food concessions for armories,
(1977) Vol 38, p 1010
279.011
NOTE:
Repealed as of March 1, 2005; but see sec. 334 and 336, c. 794, Oregon Laws
2003
NOTES OF DECISIONS
“Agency
of the State of Oregon” does not include Legislative Administration Committee. Enertrol Power Monitoring Corp. v. State of Oregon, 314 Or 78,
836 P2d 123 (1992)
“Public
contract” does not include contracts between general contractor and
subcontractors. Associated Builders and Contractors, Inc. v. Tri-Met, 170 Or
App 271, 12 P3d 62 (2000)
“Major
renovation” to real property requires restoring property to former state. State
ex rel Oregon Waste Systems, Inc. v. United Pacific
Insurance Co., 172 Or App 435, 18 P3d 491 (2001), Sup Ct review denied
279.015
NOTE:
Repealed as of March 1, 2005; but see sec. 334 and 336, c. 794, Oregon Laws 2003
NOTES OF DECISIONS
This
section does not require separate rule-making proceeding before individual
contract or product is exempted from bidding process. Morse Bros. v. City of
Lake Oswego, 55 Or App 886, 640 P2d 645 (1982), Sup Ct review denied
In
evaluating whether exemption will result in favoritism in awarding of public
contracts or will diminish competition for public contracts, reviewer is not
required to consider effect of exemption on awarding of, or competition for,
subcontracts. Associated Builders and Contractors, Inc. v. Tri-Met, 170 Or App
271, 12 P3d 62 (2000)
ATTY. GEN. OPINIONS: Entry by public
contracting agency into contract with low bidder under arrangement to hold bid
open at bid price plus increment based on cost of living index, (1981) Vol 41, p 327
279.017
NOTE:
Repealed as of March 1, 2005; but see sec. 334 and 336, c. 794, Oregon Laws
2003
NOTES OF DECISIONS
This
section does not require separate rule-making proceeding before individual
contract or product is exempted from bidding process. Morse Bros. v. City of
Lake Oswego, 55 Or App 886, 640 P2d 645 (1982), Sup Ct review denied
279.019
NOTE:
Repealed as of March 1, 2005; but see sec. 334 and 336, c. 794, Oregon Laws
2003
See
annotations under ORS 279C.350.
279.025
NOTE:
Repealed as of March 1, 2005; but see sec. 334 and 336, c. 794, Oregon Laws
2003
ATTY. GEN. OPINIONS: Amendment or
cancellation of public contracts, (1974) Vol 36, p
1127
279.027
NOTE:
Repealed as of March 1, 2005; but see sec. 334 and 336, c. 794, Oregon Laws
2003
NOTES OF DECISIONS
Delivery
of bid substantially complies with statutory requirements if bid is received in
timely manner by designated public official and can be accurately identified,
secured and opened at time and place designated for public opening. JAL
Construction, Inc. v. Friedman, 191 Or App 492, 83 P3d 332 (2004), Sup Ct review
denied
279.029
NOTE:
Repealed as of March 1, 2005; but see sec. 334 and 336, c. 794, Oregon Laws
2003
See
annotations under ORS 279C.375.
279.031
NOTE:
Repealed as of March 1, 2005; but see sec. 334 and 336, c. 794, Oregon Laws
2003
See
annotations under ORS 279C.385.
279.045
NOTE:
Repealed as of March 1, 2005; but see sec. 334 and 336, c. 794, Oregon Laws
2003
See
annotations under ORS 279C.450.
279.051
NOTE:
Repealed as of March 1, 2005; but see sec. 334 and 336, c. 794, Oregon Laws
2003
See
annotations under ORS 279A.055.
279.067
NOTE:
Repealed as of March 1, 2005; but see sec. 334 and 336, c. 794, Oregon Laws
2003
NOTES OF DECISIONS
This
section did not provide jurisdiction to review State Highway Division order,
because it does not apply to state agencies. Clarke Electric, Inc. v. State
Highway Division, 93 Or App 693, 763 P2d 1199 (1988)
Party
who was not of type listed as eligible to bring or defend action and who was
not necessary party could recover attorney fees as successful party. Steelman-Duff, Inc. v. Dept. of Transportation, 323 Or 220,
915 P2d 958 (1996)
In
determining reasonable attorney fees, court must describe effect of each factor
relied upon. Northwest Pump and Equipment Co. v. Stach,
167 Or App 64, 1 P3d 466 (2000)
Suit
under this section is not exclusive mechanism for aggrieved bidder to obtain
judicial review of purported public contracting law violation. Dental v. City
of Salem, 196 Or App 574, 103 P3d 1150 (2004)
279.324 to 279.332
NOTE:
Subject sections all subsequently repealed; but see sec. 334 and 336, c. 794,
Oregon Laws 2003
ATTY. GEN. OPINIONS: Amendment or
cancellation of public contracts, (1974) Vol 36, p
1127
279.334
NOTE:
Repealed as of March 1, 2005; but see sec. 334 and 336, c. 794, Oregon Laws
2003
NOTES OF DECISIONS
Even
where costs could be computed on bids submitted on project, nonunion contractor
had standing to challenge overtime payment exemption granted contractors
operating under collective bargaining agreement on equal protection grounds. Babler Bros., Inc. v. Roberts, 761 F Supp 97 (D. Or. 1991),
aff’d 995 F2d 911 (1993)
This
provision is rationally related to protection of nonunion workers who lack
opportunity to negotiate overtime pay. Babler Bros.,
Inc. v. Roberts, 761 F Supp 97 (D. Or. 1991), aff’d995 F2d 911 (1993)
Federal
Contract Work Hours and Safety Standards Act does not preempt this section and
requirement of this section that nonunion contractor pay overtime to employees
for hours worked in excess of standard eight-hour workday applied in addition
to requirements of federal Act. Dyad Construction, Inc. v. City of Portland,
765 F Supp 653 (1991); aff’d in consolidated case Babler Bros., Inc. v. Roberts, 995 F2d 911 (1993)
Statute
requiring nonunion employers, but not union employers, on public project to pay
overtime for all hours worked in excess of eight hours per day, is not
preempted by National Labor Relations Act. Babler
Bros., Inc. v. Roberts, 995 F2d 911 (1993)
279.338
NOTE:
Repealed as of March 1, 2005; but see sec. 334 and 336, c. 794, Oregon Laws
2003
ATTY. GEN. OPINIONS: Nonapplicability
to direct employes of state, changing regular eight-hour
day and 40-hour week without overtime pay, penalty, (1972) Vol
35, p 1291
279.340
See
annotations under ORS 653.268.
279.342
See
annotations under ORS 653.269.
279.348 to 279.356
NOTE:
Subject sections all subsequently repealed; but see sec. 334 and 336, c. 794,
Oregon Laws 2003
ATTY. GEN. OPINIONS: Workmen’s right to
the “prevailing rate of wages” for work performed for a city by a county,
(1972) Vol 36, p 274; janitorial or custodial work
not subject, (1976) Vol 38, p 144
279.348
NOTE:
Repealed as of March 1, 2005; but see sec. 334 and 336, c. 794, Oregon Laws
2003
See
annotations under ORS 279C.800.
279.350
NOTE:
Repealed as of March 1, 2005; but see sec. 334 and 336, c. 794, Oregon Laws
2003
See
annotations under ORS 279C.840.
279.355
NOTE:
Repealed as of March 1, 2005; but see sec. 334 and 336, c. 794, Oregon Laws
2003
See
annotations under ORS 279C.850.
279.356
NOTE:
Repealed as of March 1, 2005; but see sec. 334 and 336, c. 794, Oregon Laws
2003
See
annotations under ORS 279C.855.
279.361
NOTE:
Repealed as of March 1, 2005; but see sec. 334 and 336, c. 794, Oregon Laws
2003
See
annotations under ORS 279C.860.
279.365
NOTE:
Repealed as of March 1, 2005; but see sec. 334 and 336, c. 794, Oregon Laws
2003
See
annotations under ORS 279C.870.
279.400
NOTE:
Repealed as of March 1, 2005; but see sec. 334 and 336, c. 794, Oregon Laws
2003
See
annotations under ORS 279C.555.
279.435
(formerly
279.575)
NOTE:
Repealed as of March 1, 2005; but see sec. 334 and 336, c. 794, Oregon Laws
2003
See
annotations under ORS 279C.570.
279.445
NOTE:
Repealed as of March 1, 2005; but see sec. 334 and 336, c. 794, Oregon Laws
2003
See
annotations under ORS 279C.580.
279.526
NOTE:
Repealed as of March 1, 2005; but see sec. 334 and 336, c. 794, Oregon Laws
2003
See
annotations under ORS 279C.600.
279.528
NOTE:
Repealed as of March 1, 2005; but see sec. 334 and 336, c. 794, Oregon Laws
2003
See
annotations under ORS 279C.605.
279.542
NOTE:
Repealed as of March 1, 2005; but see sec. 334 and 336, c. 794, Oregon Laws
2003
See
annotations under ORS 279C.625.
279.575
See
annotations under ORS 279.435.
279.711
NOTE:
Repealed as of March 1, 2005; but see sec. 334 and 336, c. 794, Oregon Laws
2003
ATTY. GEN. OPINIONS: Insurance and title
of federally funded vehicles, (1976) Vol 37, p 1021
279.712
NOTE:
Repealed as of March 1, 2005; but see sec. 334 and 336, c. 794, Oregon Laws
2003
See
annotations under ORS 279A.140.
279.729
NOTE:
Repealed as of March 1, 2005; but see sec. 334 and 336, c. 794, Oregon Laws
2003
ATTY. GEN. OPINIONS: Contracts for
supply of recycled paper, (1980) Vol 40, p 267
279.748
NOTE:
Repealed as of March 1, 2005; but see sec. 334 and 336, c. 794, Oregon Laws
2003
See
annotations under ORS 279A.030.
279.820
NOTE:
Repealed as of March 1, 2005; but see sec. 334 and 336, c. 794, Oregon Laws
2003
See
annotations under ORS 279A.260.
279.828
(formerly
283.230)
NOTE:
Repealed as of March 1, 2005; but see sec. 334 and 336, c. 794, Oregon Laws
2003
See
annotations under ORS 279A.280.
279.835
NOTES OF DECISIONS
Requirement
that individuals with disabilities be employed for not less than 75 percent of
work hours applies to entity workforce generally, not to work connected with specific
service or product that is subject of bidding. Independent Contractors Research
Institute v. Department of Administrative Services, 207 Or App 78, 139 P3d 995
(2006), Sup Ct review denied
279.845
NOTES OF DECISIONS
Department
of Administrative Services may use contested case proceeding process to
determine prices for products or services offered by qualified nonprofit
agency. BWK, Inc. v. Department of Administrative Services, 231 Or App 214, 218
P3d 156 (2009), Sup Ct review denied
Department
of Administrative Services “determines” price for product or service when
department accepts price that is proposed by qualified nonprofit agency. BWK,
Inc. v. Department of Administrative Services, 231 Or App 214, 218 P3d 156
(2009), Sup Ct review denied
279.990
NOTE:
Repealed as of March 1, 2005; but see sec. 334 and 336, c. 794, Oregon Laws
2003
ATTY. GEN. OPINIONS: Penalty for
violating [former] ORS 279.338, (1972) Vol 35, p 1291