Oregon Statutes 279A.025 – Application of Public Contracting Code
(1) Except as provided in subsections (2) to (4) of this section, the Public Contracting Code applies to all public contracting.
Terms Used In Oregon Statutes 279A.025
- judicial department: means the Supreme Court, the Court of Appeals, the Oregon Tax Court, the circuit courts and all administrative divisions of those courts, whether denominated as boards, commissions, committees or departments or by any other designation. See Oregon Statutes 174.113
- legislative department: means the Legislative Assembly, the committees of the Legislative Assembly and all administrative divisions of the Legislative Assembly and its committees, whether denominated as boards, commissions or departments or by any other designation. See Oregon Statutes 174.114
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Statute: A law passed by a legislature.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(2) The Public Contracting Code does not apply to:
(a) Contracts between a contracting agency and:
(A) Another contracting agency;
(B) The Oregon Health and Science University;
(C) A public university listed in ORS § 352.002;
(D) The Oregon State Bar;
(E) A governmental body of another state;
(F) The federal government;
(G) An American Indian tribe or an agency of an American Indian tribe;
(H) A nation, or a governmental body in a nation, other than the United States; or
(I) An intergovernmental entity formed between or among:
(i) Governmental bodies of this or another state;
(ii) The federal government;
(iii) An American Indian tribe or an agency of an American Indian tribe;
(iv) A nation other than the United States; or
(v) A governmental body in a nation other than the United States;
(b) Agreements authorized by ORS Chapter 190 or by a statute, charter provision, ordinance or other authority for establishing agreements between or among governmental bodies or agencies or tribal governing bodies or agencies;
(c) Insurance and service contracts as provided for under ORS § 414.115, 414.125, 414.135 and 414.145 for purposes of source selection;
(d) Grants;
(e) Contracts for professional or expert witnesses or consultants to provide services or testimony relating to existing or potential litigation or legal matters in which a public body is or may become interested;
(f) Acquisitions or disposals of real property or interest in real property;
(g) Sole-source expenditures when rates are set by law or ordinance for purposes of source selection;
(h) Contracts for the procurement or distribution of textbooks;
(i) Procurements by a contracting agency from an Oregon Corrections Enterprises program;
(j) The procurement, transportation, sale or distribution of distilled liquor, as defined in ORS § 471.001, or the appointment of agents under ORS § 471.230 or 471.750 by the Oregon Liquor and Cannabis Commission;
(k) Contracts entered into under ORS Chapter 180 between the Attorney General and private counsel or special legal assistants;
(L) Contracts for the sale of timber from lands that the State Board of Forestry, the State Forestry Department, the State Parks and Recreation Commission or the State Parks and Recreation Department owns or manages;
(m) Contracts for activities necessary or convenient for the sale of timber under paragraph (L) of this subsection, either separately from or in conjunction with contracts for the sale of timber, including but not limited to activities such as timber harvesting and sorting, transporting, gravel pit development or operation, and road construction, maintenance or improvement;
(n) Contracts for forest protection or forest related activities, as described in ORS § 477.406, by the State Forester or the State Board of Forestry;
(o) Contracts that the Housing and Community Services Department enters into in exercising the department’s duties prescribed in ORS chapters 456 and 458, or procurements described in ORS § 456.625 (19);
(p) Contracts that the State Treasurer enters into in exercising the powers of that office prescribed in ORS § 178.010 to 178.090 and 276A.242 and ORS chapters 286A, 287A, 289, 293, 294 and 295, including but not limited to investment contracts and agreements, banking services, clearing house services and collateralization agreements, bond documents, certificates of participation and other debt repayment agreements, and any associated contracts, agreements and documents, regardless of whether the obligations that the contracts, agreements or documents establish are general, special or limited, except that the State Treasurer’s public contracting for goods and services is subject to ORS Chapter 279B;
(q) Contracts, agreements or other documents entered into, issued or established in connection with:
(A) The issuance of obligations, as defined in ORS § 286A.100 and 287A.310, of a public body;
(B) Program loans and similar extensions or advances of funds, aid or assistance that a public body makes to a public or private body for the purpose of carrying out, promoting or sustaining activities or programs authorized by law; or
(C) The investment of funds by a public body as authorized by law, and other financial transactions of a public body that by their character cannot practically be established under the competitive contractor selection procedures of ORS § 279B.050 to 279B.085;
(r) Contracts for employee benefit plans as provided in ORS § 243.105 (1), 243.125 (4), 243.221, 243.275, 243.291, 243.303 and 243.565;
(s) Contracts for employee benefit plans as provided in ORS § 243.860 to 243.886; or
(t) Any other public contracting of a public body specifically exempted from the code by another provision of law.
(3) The Public Contracting Code does not apply to the contracting activities of:
(a) The Oregon State Lottery Commission;
(b) The legislative department;
(c) The judicial department;
(d) Semi-independent state agencies listed in ORS § 182.454, except as provided in ORS § 279.835 to 279.855 and 279A.250 to 279A.290;
(e) Oregon Corrections Enterprises;
(f) The Oregon Film and Video Office, except as provided in ORS § 279A.100 and 279A.250 to 279A.290;
(g) The Travel Information Council, except as provided in ORS § 279A.250 to 279A.290;
(h) The Oregon 529 Savings Network and the Oregon 529 Savings Board;
(i) The Oregon Innovation Council;
(j) The Oregon Utility Notification Center; or
(k) Any other public body specifically exempted from the code by another provision of law.
(4) ORS § 279A.200 to 279A.225 and 279B.050 to 279B.085 do not apply to contracts made with qualified nonprofit agencies providing employment opportunities for individuals with disabilities under ORS § 279.835 to 279.855. [2003 c.794 § 5; 2003 c.794 § 5a; 2005 c.22 § 200; 2005 c.103 § 3; 2005 c.109 § 3; 2005 c.297 § 3; 2005 c.748 § 12; 2005 c.777 § 15; 2007 c.7 § 19; 2007 c.70 § 67; 2007 c.71 § 81; 2007 c.764 § 2; 2007 c.783 § 91; 2011 c.637 § 88; 2013 c.492 § 28; 2013 c.768 § 123; 2015 c.447 § 3; 2015 c.843 § 19; 2017 c.183 § 94; 2017 c.533 § 3; 2019 c.90 § 1; 2021 c.351 § 19; 2023 c.193 § 13]