Current through Register Vol. 63, No. 9, September 1, 2024
(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).
Stat. Auth.: ORS
279A.065
Stats. Implemented: ORS
279C.800 -
279C.870, OL 2011, ch 458
