Oregon Statutes 279C.860 – Ineligibility for public works contracts for failure to pay or post notice of prevailing rates of wage; certified payroll reports to commissioner
(1) A contractor or a subcontractor or a firm, corporation, partnership, limited liability company or association in which the contractor or subcontractor has a financial interest may not receive a contract or subcontract for public works for a period of three years after the date on which the Commissioner of the Bureau of Labor and Industries publishes the contractor’s or subcontractor’s name on the list described in subsection (2) of this section. The commissioner shall add a contractor’s or subcontractor’s name to the list after determining, in accordance with ORS Chapter 183, that:
Terms Used In Oregon Statutes 279C.860
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(a) The contractor or subcontractor intentionally failed or refused to pay the prevailing rate of wage to workers employed upon public works;
(b) The contractor failed to pay to the contractor’s employees amounts required under ORS § 279C.840 and a surety or another person paid the amounts on the contractor’s behalf;
(c) The subcontractor failed to pay to the subcontractor’s employees amounts required under ORS § 279C.840 and the contractor, a surety or another person paid the amounts on the subcontractor’s behalf;
(d) The contractor or subcontractor intentionally failed or refused to post the prevailing rates of wage as required under ORS § 279C.840 (4); or
(e) The contractor or subcontractor intentionally falsified information in the certified statements the contractor or subcontractor submitted under ORS § 279C.845.
(2) The commissioner shall maintain a written list of the names of contractors and subcontractors the commissioner determines are ineligible under this section and the period of time for which the contractors and subcontractors are ineligible. The commissioner shall publish the list, furnish a copy of the list upon request and make the list available to contracting agencies.
(3) If a contractor or subcontractor is a corporation or a limited liability company, the provisions of this section apply to any corporate officer or agent of the corporation or any member or manager of the limited liability company who is responsible for failing or refusing to pay or post the prevailing rate of wage, failing to pay to the contractor’s employees amounts required under ORS § 279C.840 that a surety or other person pays on the contractor’s behalf, failing to pay to a subcontractor’s employees amounts required under ORS § 279C.840 that the contractor, a surety or another person pays on the subcontractor’s behalf or intentionally falsifying information in the certified statements the contractor or subcontractor submits under ORS § 279C.845.
(4) For good cause shown, the commissioner may remove the name of a contractor or subcontractor from the ineligible list.
(5) If a prevailing rate of wage claim is filed or the commissioner receives evidence indicating that a violation has occurred, a contractor or subcontractor required to pay the prevailing rate of wage to workers employed upon public works under ORS § 279C.800 to 279C.870 shall send a certified copy of the payroll for workers employed upon public works when the commissioner requests the certified copy. [2003 c.794 § 174; 2009 c.107 § 1; 2013 c.239 § 1; 2017 c.334 § 5]