2021 Oregon Revised Statutes
Chapter 279A - Public Contracting - General Provisions
Section 279A.200 - Definitions for ORS 279A.200 to 279A.225.


(a) "Administering contracting agency" means a governmental body in this state or in another jurisdiction that solicits and establishes the original contract for the procurement of goods, services or public improvements in a cooperative procurement.
(b) "Cooperative procurement" means a procurement conducted on behalf of more than one governmental body. "Cooperative procurement" includes but is not limited to multiagency contracts and price agreements. "Cooperative procurement" does not include an agreement formed among only governmental bodies under 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) "Cooperative procurement group" means a group of governmental bodies joined through an intergovernmental agreement for the purpose of facilitating cooperative procurements.
(d) "Interstate cooperative procurement" means a permissive cooperative procurement in which the administering contracting agency is a governmental body, domestic or foreign, that is authorized under the governmental body’s laws, rules or regulations to enter into public contracts and in which one or more of the participating governmental bodies are located outside this state.
(e) "Joint cooperative procurement" means a cooperative procurement in which the participating governmental bodies or the cooperative procurement group and the bodies’ or group’s contract requirements or estimated contract requirements for price agreements are identified.
(f) "Original contract" means the initial contract or price agreement solicited and awarded during a cooperative procurement by an administering contracting agency.
(g) "Permissive cooperative procurement" means a cooperative procurement in which the purchasing contracting agencies are not identified.
(h) "Purchasing contracting agency" means a governmental body that procures goods, services or public improvements from a contractor based on the original contract established by an administering contracting agency.
(2) As used in ORS 279A.210 (1)(a), 279A.215 (1)(a) and 279A.220 (1)(a), an administering contracting agency’s solicitation and award process uses source selection methods "substantially equivalent" to those identified in ORS 279B.055, 279B.060 or 279B.085 if the solicitation and award process:
(a) Calls for award of a contract on the basis of a lowest responsible bidder or a lowest and best bidder determination in the case of competitive bids, or on the basis of a determination of the proposer whose proposal is most advantageous based on evaluation factors set forth in the request for proposals in the case of competitive proposals;
(b) Does not permit the application of any geographic preference that is more favorable to bidders or proposers who reside in the jurisdiction or locality favored by the preference than the preferences provided in ORS 279A.120 (2); and
(c) Uses reasonably clear and precise specifications that promote suitability for the purposes intended and that reasonably encourage competition. [2003 c.794 §25; 2007 c.764 §4]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 07 - Public Facilities and Finance

Chapter 279A - Public Contracting - General Provisions

Section 279A.010 - Definitions for Public Contracting Code.

Section 279A.015 - Policy.

Section 279A.020 - Organization of Public Contracting Code.

Section 279A.025 - Application of Public Contracting Code.

Section 279A.050 - Procurement authority.

Section 279A.055 - Personal services contracts.

Section 279A.065 - Model rules generally; applicability to contracting agencies.

Section 279A.075 - Delegation.

Section 279A.100 - Affirmative action; limited competition permitted.

Section 279A.105 - Subcontracting to emerging small businesses or businesses that service-disabled veterans own.

Section 279A.107 - Certification as disadvantaged business enterprise, minority-owned business, woman-owned business, business that service-disabled veteran owns or emerging small business during term of public contract; exceptions.

Section 279A.110 - Discrimination in subcontracting prohibited; remedies.

Section 279A.112 - Requirement to certify that contractor has policy and practice of preventing sexual harassment, sexual assault and discrimination against employees who are members of protected class; required elements of certification; exceptions.

Section 279A.120 - Preference for Oregon goods and services; nonresident bidders.

Section 279A.125 - Preference for recycled materials.

Section 279A.128 - Preference for goods fabricated or processed within state or services performed within state.

Section 279A.130 - Preference for exceeding Buy America requirements for transit projects; rules.

Section 279A.140 - State procurement of goods and services; rules.

Section 279A.150 - Procurement of goods containing recycled polyethylene material.

Section 279A.157 - State contracting agency use of contract form, contract template or solicitation template; exceptions and exemptions; rules.

Section 279A.159 - Education and training or experience requirements for persons that conduct procurements or administer contracts for state contracting agencies; deadlines; rules.

Section 279A.161 - Review and verification of advice and recommendations concerning procurements; delegation.

Section 279A.165 - Report concerning special procurements; requirement to maintain records.

Section 279A.167 - Certification program for training in pay equity provisions of state law; rules.

Section 279A.180 - Purchases through federal programs.

Section 279A.185 - Local contracting agency arrangements for use or disposition of personal property authorized.

Section 279A.190 - Transfers of fire protection equipment between fire departments.

Section 279A.200 - Definitions for ORS 279A.200 to 279A.225.

Section 279A.205 - Cooperative procurements authorized.

Section 279A.210 - Joint cooperative procurements.

Section 279A.215 - Permissive cooperative procurements.

Section 279A.220 - Interstate cooperative procurements.

Section 279A.225 - Protests and disputes.

Section 279A.250 - Definitions for ORS 279A.250 to 279A.290.

Section 279A.255 - Inspection, appraisal and inventory of state property; reports by state agencies.

Section 279A.260 - Powers and duties of department; acquisitions by qualified donees; rules.

Section 279A.265 - Use of Oregon Department of Administrative Services Operating Fund; cash dividends.

Section 279A.280 - Disposal of surplus property; costs of disposal.

Section 279A.290 - Miscellaneous receipts accounts.

Section 279A.803 - Requirements for qualified projects funded with moneys from American Rescue Plan Act of 2021; exceptions.

Section 279A.990 - Penalties.