Current through Register Vol. 63, No. 3, March 1, 2024
(1) For purposes of this rule, "public
improvement" has the meaning given that phrase in ORS 279A.010.
(2)
(a)
Each public agency must prepare and file with the Bureau a list of every public
improvement known to the agency that the agency plans to fund during the
subsequent budget period. The list must be submitted to the Bureau not less
than 30 days prior to the adoption of the agency's budget or before
construction of a public improvement begins. If the agency revises its list
after the adoption of its budget, the agency must file the revised list with
the Bureau at that time.
(b) If a
public agency intends to use its own equipment or personnel to perform
construction work on a public improvement and the estimated value of the
agency's construction work exceeds $200,000 (or $125,000 if the public
improvement involves the resurfacing of highways, roads or streets at a depth
of two or more inches), the agency must prepare and file with the Bureau no
later than 180 days before construction begins on the public improvement a cost
analysis that shows that the agency's decision to use its own equipment or
personnel conforms to the state policy that public improvements will be
constructed at the least cost to public agencies.
(3) To assist public contracting agencies in
complying with the provisions of ORS 279C.305 and these rules, the Bureau has
prepared two forms, WH-118 and WH-119. The use of these forms by the public
contracting agency is optional. However, the statutory requirements of
279C.305(2) are satisfied when these forms are completed and mailed to the
Prevailing Wage Rate Unit. The forms should be completed as follows:
(a) The Planned Public Improvement Summary
form, WH-118, should be used to summarize all planned projects in the
subsequent budget period, noting the project information requested on the
form;
(b) The Public Improvement
Project Cost Analysis form, WH-119, should be completed for the purpose of
demonstrating that a public agency's use of its own equipment or personnel
results in the least cost to the agency. In developing cost comparisons, unit
costs which can be substantiated by the agency's cost accounting system should
be used. Contractor unit prices that reflect bidding data should also be
used.
(4) A complaint
alleging that a public agency has violated ORS 279C.305 must meet the following
requirements in order to be considered by the Bureau:
(a) The complaint must be in writing,
identify specific acts or omissions allegedly committed by a public agency in
violation of ORS 279C.305.
(b) The
complaint must be filed by a contractor, or a trade association of contractors
acting on behalf of a member of the trade association, who was eligible to
perform the construction work for which the public agency used its own
equipment or personnel.
(c) The
complaint must be filed within one year after the contractor or trade
association discovered or should have known that the violation
occurred.
(d) The complainant has
paid a filing fee of $250, which is refundable if investigation of the
complaint finds substantial evidence of a violation.
(e) In addition to the written complaint, the
complainant must provide documents, records, and other information in support
of the allegation that a violation has occurred. Such information may include,
but is not limited to, copies of documents verifying the costs of labor,
equipment, administration and overhead, tools and materials, or control
testing, or any other contracts related to the public improvement; copies of
plans, specifications, or estimates related to the public improvement; copies
of correspondence with the public agency concerning the public improvement;
copies of cost estimating procedures used in preparing a cost analysis for the
public improvement; and copies of any other relevant information which
demonstrates that a violation of ORS 279C.305 or these rules has
occurred.
Forms referenced are available from the Bureau of Labor and
Industries.
Statutory/Other Authority: ORS 279C.808 & ORS
651.060
Statutes/Other Implemented: ORS
279C.306
