279A.120 Preferencefor Oregon goods and services; nonresident bidders
279A.125 Preferencefor recycled materials
279A.128 Preferencefor agricultural product produced and transported within state
STATEPROCUREMENT
279A.140 Stateprocurement of goods and services; rules
279A.142 Limitationof competition
279A.145 Recycledproduct purchasing information
279A.150 Procurementof goods containing recycled polyethylene material
279A.155 Stateprocurement of paper
INTERGOVERNMENTALRELATIONS
(Generally)
279A.180 Purchasesthrough federal programs
279A.185 Localcontracting agency arrangements for use or disposition of personal propertyauthorized
279A.190 Transfersof fire protection equipment between fire departments
(CooperativeProcurement)
279A.200 Definitionsfor ORS 279A.200 to 279A.225
279A.205 Cooperativeprocurements authorized
279A.210 Jointcooperative procurements
279A.215 Permissivecooperative procurements
279A.220 Interstatecooperative procurements
279A.225 Protestsand disputes
STATESURPLUS PROPERTY
279A.250 Definitionsfor ORS 279A.250 to 279A.290
279A.255 Inspection,appraisal and inventory of state property; reports by state agencies
279A.260 Powersand duties of department; acquisitions by qualified donees; rules
279A.265 Useof Oregon Department of Administrative Services Operating Fund; cash dividends
279A.270 Contractswith federal government for accepting gifts and acquiring surplus property;bids not required
279A.275 Leasingof state property
279A.280 Disposalof surplus property; costs of disposal
279A.285 Dispositionof moneys received as payment for repair or replacement of damaged, destroyed,lost or stolen property
279A.290 Miscellaneousreceipts accounts
PENALTIES
279A.990 Penalties
GENERALPROVISIONS
279A.005Short title.ORS chapters 279A, 279B and 279C may be cited as the Public Contracting Code. [2003c.794 §1]
279A.010Definitions for Public Contracting Code. (1) As used in the Public ContractingCode, unless the context or a specifically applicable definition requiresotherwise:
(a)“Bidder” means a person that submits a bid in response to an invitation to bid.
(b)“Contracting agency” means a public body authorized by law to conduct aprocurement. “Contracting agency” includes, but is not limited to, the Directorof the Oregon Department of Administrative Services and any person authorizedby a contracting agency to conduct a procurement on the contracting agency’sbehalf. “Contracting agency” does not include the judicial department or thelegislative department.
(c)“Days” means calendar days.
(d)“Department” means the Oregon Department of Administrative Services.
(e)“Director” means the Director of the Oregon Department of AdministrativeServices or a person designated by the director to carry out the authority ofthe director under the Public Contracting Code.
(f)“Emergency” means circumstances that:
(A)Could not have been reasonably foreseen;
(B)Create a substantial risk of loss, damage or interruption of services or asubstantial threat to property, public health, welfare or safety; and
(C)Require prompt execution of a contract to remedy the condition.
(g)“Energy savings performance contract” means a public contract between acontracting agency and a qualified energy service company for theidentification, evaluation, recommendation, design and construction of energyconservation measures, including a design-build contract, that guarantee energysavings or performance.
(h)“Executive department” has the meaning given that term in ORS 174.112.
(i)“Goods” includes supplies, equipment, materials, personal property, includingany tangible, intangible and intellectual property and rights and licenses inrelation thereto, and combinations of any of the items identified in thisparagraph.
(j)“Goods and services” or “goods or services” includes combinations of any of theitems identified in the definitions of “goods” and “services.”
(k)(A)“Grant” means:
(i)An agreement under which a contracting agency receives moneys, property orother assistance, including but not limited to federal assistance that is characterizedas a grant by federal law or regulations, loans, loan guarantees, creditenhancements, gifts, bequests, commodities or other assets, from a grantor forthe purpose of supporting or stimulating a program or activity of thecontracting agency and in which no substantial involvement by the grantor isanticipated in the program or activity other than involvement associated withmonitoring compliance with the grant conditions; or
(ii)An agreement under which a contracting agency provides moneys, property orother assistance, including but not limited to federal assistance that ischaracterized as a grant by federal law or regulations, loans, loan guarantees,credit enhancements, gifts, bequests, commodities or other assets, to arecipient for the purpose of supporting or stimulating a program or activity ofthe recipient and in which no substantial involvement by the contracting agencyis anticipated in the program or activity other than involvement associatedwith monitoring compliance with the grant conditions.
(B)“Grant” does not include a public contract for a public improvement, for publicworks, as defined in ORS 279C.800, or for emergency work, minor alterations orordinary repair or maintenance necessary to preserve a public improvement, whenunder the public contract a contracting agency pays, in consideration forcontract performance intended to realize or to support the realization of thepurposes for which grant funds were provided to the contracting agency, moneysthat the contracting agency has received under a grant.
(L)“Industrial oil” means any compressor, turbine or bearing oil, hydraulic oil,metal-working oil or refrigeration oil.
(m)“Judicial department” has the meaning given that term in ORS 174.113.
(n)“Legislative department” has the meaning given that term in ORS 174.114.
(o)“Local contract review board” means a local contract review board described inORS 279A.060.
(p)“Local contracting agency” means a local government or special government bodyauthorized by law to conduct a procurement. “Local contracting agency” includesany person authorized by a local contracting agency to conduct a procurement onbehalf of the local contracting agency.
(q)“Local government” has the meaning given that term in ORS 174.116.
(r)“Lowest responsible bidder” means the lowest bidder who:
(A)Has substantially complied with all prescribed public contracting proceduresand requirements;
(B)Has met the standards of responsibility set forth in ORS 279B.110 or 279C.375;
(C)Has not been debarred or disqualified by the contracting agency under ORS279B.130 or 279C.440; and
(D)If the advertised contract is a public improvement contract, is not on the listcreated by the Construction Contractors Board under ORS 701.227.
(s)“Lubricating oil” means any oil intended for use in an internal combustioncrankcase, transmission, gearbox or differential or an automobile, bus, truck,vessel, plane, train, heavy equipment or machinery powered by an internalcombustion engine.
(t)“Person” means a natural person capable of being legally bound, a soleproprietorship, a corporation, a partnership, a limited liability company orpartnership, a limited partnership, a for-profit or nonprofit unincorporatedassociation, a business trust, two or more persons having a joint or commoneconomic interest, any other person with legal capacity to contract or a publicbody.
(u)“Post-consumer waste” means a finished material that would normally be disposedof as solid waste, having completed its life cycle as a consumer item. “Post-consumerwaste” does not include manufacturing waste.
(v)“Price agreement” means a public contract for the procurement of goods orservices at a set price with:
(A)No guarantee of a minimum or maximum purchase; or
(B)An initial order or minimum purchase combined with a continuing contractorobligation to provide goods or services in which the contracting agency doesnot guarantee a minimum or maximum additional purchase.
(w)“Procurement” means the act of purchasing, leasing, renting or otherwiseacquiring goods or services. “Procurement” includes each function and procedureundertaken or required to be undertaken by a contracting agency to enter into apublic contract, administer a public contract and obtain the performance of apublic contract under the Public Contracting Code.
(x)“Proposer” means a person that submits a proposal in response to a request forproposals.
(y)“Public body” has the meaning given that term in ORS 174.109.
(z)“Public contract” means a sale or other disposal, or a purchase, lease, rentalor other acquisition, by a contracting agency of personal property, services,including personal services, public improvements, public works, minoralterations, or ordinary repair or maintenance necessary to preserve a publicimprovement. “Public contract” does not include grants.
(aa)“Public contracting” means procurement activities described in the PublicContracting Code relating to obtaining, modifying or administering publiccontracts or price agreements.
(bb)“Public Contracting Code” or “code” means ORS chapters 279A, 279B and 279C.
(cc)“Public improvement” means a project for construction, reconstruction or majorrenovation on real property by or for a contracting agency. “Public improvement”does not include:
(A)Projects for which no funds of a contracting agency are directly or indirectlyused, except for participation that is incidental or related primarily toproject design or inspection; or
(B)Emergency work, minor alteration, ordinary repair or maintenance necessary topreserve a public improvement.
(dd)“Public improvement contract” means a public contract for a public improvement.“Public improvement contract” does not include a public contract for emergencywork, minor alterations, or ordinary repair or maintenance necessary topreserve a public improvement.
(ee)“Recycled material” means any material that would otherwise be a useless,unwanted or discarded material except for the fact that the material still hasuseful physical or chemical properties after serving a specific purpose andcan, therefore, be reused or recycled.
(ff)“Recycled oil” means used oil that has been prepared for reuse as a petroleumproduct by refining, rerefining, reclaiming, reprocessing or other means,provided that the preparation or use is operationally safe, environmentallysound and complies with all laws and regulations.
(gg)“Recycled paper” means a paper product with not less than:
(A)Fifty percent of its fiber weight consisting of secondary waste materials; or
(B)Twenty-five percent of its fiber weight consisting of post-consumer waste.
(hh)“Recycled PETE” means post-consumer polyethylene terephthalate material.
(ii)“Recycled product” means all materials, goods and supplies, not less than 50percent of the total weight of which consists of secondary and post-consumerwaste with not less than 10 percent of its total weight consisting ofpost-consumer waste. “Recycled product” includes any product that could havebeen disposed of as solid waste, having completed its life cycle as a consumeritem, but otherwise is refurbished for reuse without substantial alteration ofthe product’s form.
(jj)“Secondary waste materials” means fragments of products or finished products ofa manufacturing process that has converted a virgin resource into a commodityof real economic value. “Secondary waste materials” includes post-consumerwaste. “Secondary waste materials” does not include excess virgin resources ofthe manufacturing process. For paper, “secondary waste materials” does notinclude fibrous waste generated during the manufacturing process such as fibersrecovered from waste water or trimmings of paper machine rolls, mill broke,wood slabs, chips, sawdust or other wood residue from a manufacturing process.
(kk)“Services” mean services other than personal services designated under ORS279A.055, except that, for state contracting agencies with procurementauthority under ORS 279A.050 or 279A.140, “services” includes personal servicesas designated by the state contracting agencies.
(LL)“Special government body” has the meaning given that term in ORS 174.117.
(mm)“State agency” means the executive department, except the Secretary of Stateand the State Treasurer in the performance of the duties of their constitutionaloffices.
(nn)“State contracting agency” means an executive department entity authorized bylaw to conduct a procurement.
(oo)“State government” has the meaning given that term in ORS 174.111.
(pp)“Used oil” has the meaning given that term in ORS 459A.555.
(qq)“Virgin oil” means oil that has been refined from crude oil and that has notbeen used or contaminated with impurities.
(2)Other definitions appearing in the Public Contracting Code and the sections inwhich they appear are:
279A.120 Preferencefor Oregon goods and services; nonresident bidders
279A.125 Preferencefor recycled materials
279A.128 Preferencefor agricultural product produced and transported within state
STATEPROCUREMENT
279A.140 Stateprocurement of goods and services; rules
279A.142 Limitationof competition
279A.145 Recycledproduct purchasing information
279A.150 Procurementof goods containing recycled polyethylene material
279A.155 Stateprocurement of paper
INTERGOVERNMENTALRELATIONS
(Generally)
279A.180 Purchasesthrough federal programs
279A.185 Localcontracting agency arrangements for use or disposition of personal propertyauthorized
279A.190 Transfersof fire protection equipment between fire departments
(CooperativeProcurement)
279A.200 Definitionsfor ORS 279A.200 to 279A.225
279A.205 Cooperativeprocurements authorized
279A.210 Jointcooperative procurements
279A.215 Permissivecooperative procurements
279A.220 Interstatecooperative procurements
279A.225 Protestsand disputes
STATESURPLUS PROPERTY
279A.250 Definitionsfor ORS 279A.250 to 279A.290
279A.255 Inspection,appraisal and inventory of state property; reports by state agencies
279A.260 Powersand duties of department; acquisitions by qualified donees; rules
279A.265 Useof Oregon Department of Administrative Services Operating Fund; cash dividends
279A.270 Contractswith federal government for accepting gifts and acquiring surplus property;bids not required
279A.275 Leasingof state property
279A.280 Disposalof surplus property; costs of disposal
279A.285 Dispositionof moneys received as payment for repair or replacement of damaged, destroyed,lost or stolen property
279A.290 Miscellaneousreceipts accounts
PENALTIES
279A.990 Penalties
GENERALPROVISIONS
279A.005Short title.ORS chapters 279A, 279B and 279C may be cited as the Public Contracting Code. [2003c.794 §1]
279A.010Definitions for Public Contracting Code. (1) As used in the Public ContractingCode, unless the context or a specifically applicable definition requiresotherwise:
(a)“Bidder” means a person that submits a bid in response to an invitation to bid.
(b)“Contracting agency” means a public body authorized by law to conduct aprocurement. “Contracting agency” includes, but is not limited to, the Directorof the Oregon Department of Administrative Services and any person authorizedby a contracting agency to conduct a procurement on the contracting agency’sbehalf. “Contracting agency” does not include the judicial department or thelegislative department.
(c)“Days” means calendar days.
(d)“Department” means the Oregon Department of Administrative Services.
(e)“Director” means the Director of the Oregon Department of AdministrativeServices or a person designated by the director to carry out the authority ofthe director under the Public Contracting Code.
(f)“Emergency” means circumstances that:
(A)Could not have been reasonably foreseen;
(B)Create a substantial risk of loss, damage or interruption of services or asubstantial threat to property, public health, welfare or safety; and
(C)Require prompt execution of a contract to remedy the condition.
(g)“Energy savings performance contract” means a public contract between acontracting agency and a qualified energy service company for theidentification, evaluation, recommendation, design and construction of energyconservation measures, including a design-build contract, that guarantee energysavings or performance.
(h)“Executive department” has the meaning given that term in ORS 174.112.
(i)“Goods” includes supplies, equipment, materials, personal property, includingany tangible, intangible and intellectual property and rights and licenses inrelation thereto, and combinations of any of the items identified in thisparagraph.
(j)“Goods and services” or “goods or services” includes combinations of any of theitems identified in the definitions of “goods” and “services.”
(k)(A)“Grant” means:
(i)An agreement under which a contracting agency receives moneys, property orother assistance, including but not limited to federal assistance that is characterizedas a grant by federal law or regulations, loans, loan guarantees, creditenhancements, gifts, bequests, commodities or other assets, from a grantor forthe purpose of supporting or stimulating a program or activity of thecontracting agency and in which no substantial involvement by the grantor isanticipated in the program or activity other than involvement associated withmonitoring compliance with the grant conditions; or
(ii)An agreement under which a contracting agency provides moneys, property orother assistance, including but not limited to federal assistance that ischaracterized as a grant by federal law or regulations, loans, loan guarantees,credit enhancements, gifts, bequests, commodities or other assets, to arecipient for the purpose of supporting or stimulating a program or activity ofthe recipient and in which no substantial involvement by the contracting agencyis anticipated in the program or activity other than involvement associatedwith monitoring compliance with the grant conditions.
(B)“Grant” does not include a public contract for a public improvement, for publicworks, as defined in ORS 279C.800, or for emergency work, minor alterations orordinary repair or maintenance necessary to preserve a public improvement, whenunder the public contract a contracting agency pays, in consideration forcontract performance intended to realize or to support the realization of thepurposes for which grant funds were provided to the contracting agency, moneysthat the contracting agency has received under a grant.
(L)“Industrial oil” means any compressor, turbine or bearing oil, hydraulic oil,metal-working oil or refrigeration oil.
(m)“Judicial department” has the meaning given that term in ORS 174.113.
(n)“Legislative department” has the meaning given that term in ORS 174.114.
(o)“Local contract review board” means a local contract review board described inORS 279A.060.
(p)“Local contracting agency” means a local government or special government bodyauthorized by law to conduct a procurement. “Local contracting agency” includesany person authorized by a local contracting agency to conduct a procurement onbehalf of the local contracting agency.
(q)“Local government” has the meaning given that term in ORS 174.116.
(r)“Lowest responsible bidder” means the lowest bidder who:
(A)Has substantially complied with all prescribed public contracting proceduresand requirements;
(B)Has met the standards of responsibility set forth in ORS 279B.110 or 279C.375;
(C)Has not been debarred or disqualified by the contracting agency under ORS279B.130 or 279C.440; and
(D)If the advertised contract is a public improvement contract, is not on the listcreated by the Construction Contractors Board under ORS 701.227.
(s)“Lubricating oil” means any oil intended for use in an internal combustioncrankcase, transmission, gearbox or differential or an automobile, bus, truck,vessel, plane, train, heavy equipment or machinery powered by an internalcombustion engine.
(t)“Person” means a natural person capable of being legally bound, a soleproprietorship, a corporation, a partnership, a limited liability company orpartnership, a limited partnership, a for-profit or nonprofit unincorporatedassociation, a business trust, two or more persons having a joint or commoneconomic interest, any other person with legal capacity to contract or a publicbody.
(u)“Post-consumer waste” means a finished material that would normally be disposedof as solid waste, having completed its life cycle as a consumer item. “Post-consumerwaste” does not include manufacturing waste.
(v)“Price agreement” means a public contract for the procurement of goods orservices at a set price with:
(A)No guarantee of a minimum or maximum purchase; or
(B)An initial order or minimum purchase combined with a continuing contractorobligation to provide goods or services in which the contracting agency doesnot guarantee a minimum or maximum additional purchase.
(w)“Procurement” means the act of purchasing, leasing, renting or otherwiseacquiring goods or services. “Procurement” includes each function and procedureundertaken or required to be undertaken by a contracting agency to enter into apublic contract, administer a public contract and obtain the performance of apublic contract under the Public Contracting Code.
(x)“Proposer” means a person that submits a proposal in response to a request forproposals.
(y)“Public body” has the meaning given that term in ORS 174.109.
(z)“Public contract” means a sale or other disposal, or a purchase, lease, rentalor other acquisition, by a contracting agency of personal property, services,including personal services, public improvements, public works, minoralterations, or ordinary repair or maintenance necessary to preserve a publicimprovement. “Public contract” does not include grants.
(aa)“Public contracting” means procurement activities described in the PublicContracting Code relating to obtaining, modifying or administering publiccontracts or price agreements.
(bb)“Public Contracting Code” or “code” means ORS chapters 279A, 279B and 279C.
(cc)“Public improvement” means a project for construction, reconstruction or majorrenovation on real property by or for a contracting agency. “Public improvement”does not include:
(A)Projects for which no funds of a contracting agency are directly or indirectlyused, except for participation that is incidental or related primarily toproject design or inspection; or
(B)Emergency work, minor alteration, ordinary repair or maintenance necessary topreserve a public improvement.
(dd)“Public improvement contract” means a public contract for a public improvement.“Public improvement contract” does not include a public contract for emergencywork, minor alterations, or ordinary repair or maintenance necessary topreserve a public improvement.
(ee)“Recycled material” means any material that would otherwise be a useless,unwanted or discarded material except for the fact that the material still hasuseful physical or chemical properties after serving a specific purpose andcan, therefore, be reused or recycled.
(ff)“Recycled oil” means used oil that has been prepared for reuse as a petroleumproduct by refining, rerefining, reclaiming, reprocessing or other means,provided that the preparation or use is operationally safe, environmentallysound and complies with all laws and regulations.
(gg)“Recycled paper” means a paper product with not less than:
(A)Fifty percent of its fiber weight consisting of secondary waste materials; or
(B)Twenty-five percent of its fiber weight consisting of post-consumer waste.
(hh)“Recycled PETE” means post-consumer polyethylene terephthalate material.
(ii)“Recycled product” means all materials, goods and supplies, not less than 50percent of the total weight of which consists of secondary and post-consumerwaste with not less than 10 percent of its total weight consisting ofpost-consumer waste. “Recycled product” includes any product that could havebeen disposed of as solid waste, having completed its life cycle as a consumeritem, but otherwise is refurbished for reuse without substantial alteration ofthe product’s form.
(jj)“Secondary waste materials” means fragments of products or finished products ofa manufacturing process that has converted a virgin resource into a commodityof real economic value. “Secondary waste materials” includes post-consumerwaste. “Secondary waste materials” does not include excess virgin resources ofthe manufacturing process. For paper, “secondary waste materials” does notinclude fibrous waste generated during the manufacturing process such as fibersrecovered from waste water or trimmings of paper machine rolls, mill broke,wood slabs, chips, sawdust or other wood residue from a manufacturing process.
(kk)“Services” mean services other than personal services designated under ORS279A.055, except that, for state contracting agencies with procurementauthority under ORS 279A.050 or 279A.140, “services” includes personal servicesas designated by the state contracting agencies.
(LL)“Special government body” has the meaning given that term in ORS 174.117.
(mm)“State agency” means the executive department, except the Secretary of Stateand the State Treasurer in the performance of the duties of their constitutionaloffices.
(nn)“State contracting agency” means an executive department entity authorized bylaw to conduct a procurement.
(oo)“State government” has the meaning given that term in ORS 174.111.
(pp)“Used oil” has the meaning given that term in ORS 459A.555.
(qq)“Virgin oil” means oil that has been refined from crude oil and that has notbeen used or contaminated with impurities.
(2)Other definitions appearing in the Public Contracting Code and the sections inwhich they appear are:
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279A.120 Preferencefor Oregon goods and services; nonresident bidders
279A.125 Preferencefor recycled materials
279A.128 Preferencefor agricultural product produced and transported within state
STATEPROCUREMENT
279A.140 Stateprocurement of goods and services; rules
279A.142 Limitationof competition
279A.145 Recycledproduct purchasing information
279A.150 Procurementof goods containing recycled polyethylene material
279A.155 Stateprocurement of paper
INTERGOVERNMENTALRELATIONS
(Generally)
279A.180 Purchasesthrough federal programs
279A.185 Localcontracting agency arrangements for use or disposition of personal propertyauthorized
279A.190 Transfersof fire protection equipment between fire departments
(CooperativeProcurement)
279A.200 Definitionsfor ORS 279A.200 to 279A.225
279A.205 Cooperativeprocurements authorized
279A.210 Jointcooperative procurements
279A.215 Permissivecooperative procurements
279A.220 Interstatecooperative procurements
279A.225 Protestsand disputes
STATESURPLUS PROPERTY
279A.250 Definitionsfor ORS 279A.250 to 279A.290
279A.255 Inspection,appraisal and inventory of state property; reports by state agencies
279A.260 Powersand duties of department; acquisitions by qualified donees; rules
279A.265 Useof Oregon Department of Administrative Services Operating Fund; cash dividends
279A.270 Contractswith federal government for accepting gifts and acquiring surplus property;bids not required
279A.275 Leasingof state property
279A.280 Disposalof surplus property; costs of disposal
279A.285 Dispositionof moneys received as payment for repair or replacement of damaged, destroyed,lost or stolen property
279A.290 Miscellaneousreceipts accounts
PENALTIES
279A.990 Penalties
GENERALPROVISIONS
279A.005Short title.ORS chapters 279A, 279B and 279C may be cited as the Public Contracting Code. [2003c.794 §1]
279A.010Definitions for Public Contracting Code. (1) As used in the Public ContractingCode, unless the context or a specifically applicable definition requiresotherwise:
(a)“Bidder” means a person that submits a bid in response to an invitation to bid.
(b)“Contracting agency” means a public body authorized by law to conduct aprocurement. “Contracting agency” includes, but is not limited to, the Directorof the Oregon Department of Administrative Services and any person authorizedby a contracting agency to conduct a procurement on the contracting agency’sbehalf. “Contracting agency” does not include the judicial department or thelegislative department.
(c)“Days” means calendar days.
(d)“Department” means the Oregon Department of Administrative Services.
(e)“Director” means the Director of the Oregon Department of AdministrativeServices or a person designated by the director to carry out the authority ofthe director under the Public Contracting Code.
(f)“Emergency” means circumstances that:
(A)Could not have been reasonably foreseen;
(B)Create a substantial risk of loss, damage or interruption of services or asubstantial threat to property, public health, welfare or safety; and
(C)Require prompt execution of a contract to remedy the condition.
(g)“Energy savings performance contract” means a public contract between acontracting agency and a qualified energy service company for theidentification, evaluation, recommendation, design and construction of energyconservation measures, including a design-build contract, that guarantee energysavings or performance.
(h)“Executive department” has the meaning given that term in ORS 174.112.
(i)“Goods” includes supplies, equipment, materials, personal property, includingany tangible, intangible and intellectual property and rights and licenses inrelation thereto, and combinations of any of the items identified in thisparagraph.
(j)“Goods and services” or “goods or services” includes combinations of any of theitems identified in the definitions of “goods” and “services.”
(k)(A)“Grant” means:
(i)An agreement under which a contracting agency receives moneys, property orother assistance, including but not limited to federal assistance that is characterizedas a grant by federal law or regulations, loans, loan guarantees, creditenhancements, gifts, bequests, commodities or other assets, from a grantor forthe purpose of supporting or stimulating a program or activity of thecontracting agency and in which no substantial involvement by the grantor isanticipated in the program or activity other than involvement associated withmonitoring compliance with the grant conditions; or
(ii)An agreement under which a contracting agency provides moneys, property orother assistance, including but not limited to federal assistance that ischaracterized as a grant by federal law or regulations, loans, loan guarantees,credit enhancements, gifts, bequests, commodities or other assets, to arecipient for the purpose of supporting or stimulating a program or activity ofthe recipient and in which no substantial involvement by the contracting agencyis anticipated in the program or activity other than involvement associatedwith monitoring compliance with the grant conditions.
(B)“Grant” does not include a public contract for a public improvement, for publicworks, as defined in ORS 279C.800, or for emergency work, minor alterations orordinary repair or maintenance necessary to preserve a public improvement, whenunder the public contract a contracting agency pays, in consideration forcontract performance intended to realize or to support the realization of thepurposes for which grant funds were provided to the contracting agency, moneysthat the contracting agency has received under a grant.
(L)“Industrial oil” means any compressor, turbine or bearing oil, hydraulic oil,metal-working oil or refrigeration oil.
(m)“Judicial department” has the meaning given that term in ORS 174.113.
(n)“Legislative department” has the meaning given that term in ORS 174.114.
(o)“Local contract review board” means a local contract review board described inORS 279A.060.
(p)“Local contracting agency” means a local government or special government bodyauthorized by law to conduct a procurement. “Local contracting agency” includesany person authorized by a local contracting agency to conduct a procurement onbehalf of the local contracting agency.
(q)“Local government” has the meaning given that term in ORS 174.116.
(r)“Lowest responsible bidder” means the lowest bidder who:
(A)Has substantially complied with all prescribed public contracting proceduresand requirements;
(B)Has met the standards of responsibility set forth in ORS 279B.110 or 279C.375;
(C)Has not been debarred or disqualified by the contracting agency under ORS279B.130 or 279C.440; and
(D)If the advertised contract is a public improvement contract, is not on the listcreated by the Construction Contractors Board under ORS 701.227.
(s)“Lubricating oil” means any oil intended for use in an internal combustioncrankcase, transmission, gearbox or differential or an automobile, bus, truck,vessel, plane, train, heavy equipment or machinery powered by an internalcombustion engine.
(t)“Person” means a natural person capable of being legally bound, a soleproprietorship, a corporation, a partnership, a limited liability company orpartnership, a limited partnership, a for-profit or nonprofit unincorporatedassociation, a business trust, two or more persons having a joint or commoneconomic interest, any other person with legal capacity to contract or a publicbody.
(u)“Post-consumer waste” means a finished material that would normally be disposedof as solid waste, having completed its life cycle as a consumer item. “Post-consumerwaste” does not include manufacturing waste.
(v)“Price agreement” means a public contract for the procurement of goods orservices at a set price with:
(A)No guarantee of a minimum or maximum purchase; or
(B)An initial order or minimum purchase combined with a continuing contractorobligation to provide goods or services in which the contracting agency doesnot guarantee a minimum or maximum additional purchase.
(w)“Procurement” means the act of purchasing, leasing, renting or otherwiseacquiring goods or services. “Procurement” includes each function and procedureundertaken or required to be undertaken by a contracting agency to enter into apublic contract, administer a public contract and obtain the performance of apublic contract under the Public Contracting Code.
(x)“Proposer” means a person that submits a proposal in response to a request forproposals.
(y)“Public body” has the meaning given that term in ORS 174.109.
(z)“Public contract” means a sale or other disposal, or a purchase, lease, rentalor other acquisition, by a contracting agency of personal property, services,including personal services, public improvements, public works, minoralterations, or ordinary repair or maintenance necessary to preserve a publicimprovement. “Public contract” does not include grants.
(aa)“Public contracting” means procurement activities described in the PublicContracting Code relating to obtaining, modifying or administering publiccontracts or price agreements.
(bb)“Public Contracting Code” or “code” means ORS chapters 279A, 279B and 279C.
(cc)“Public improvement” means a project for construction, reconstruction or majorrenovation on real property by or for a contracting agency. “Public improvement”does not include:
(A)Projects for which no funds of a contracting agency are directly or indirectlyused, except for participation that is incidental or related primarily toproject design or inspection; or
(B)Emergency work, minor alteration, ordinary repair or maintenance necessary topreserve a public improvement.
(dd)“Public improvement contract” means a public contract for a public improvement.“Public improvement contract” does not include a public contract for emergencywork, minor alterations, or ordinary repair or maintenance necessary topreserve a public improvement.
(ee)“Recycled material” means any material that would otherwise be a useless,unwanted or discarded material except for the fact that the material still hasuseful physical or chemical properties after serving a specific purpose andcan, therefore, be reused or recycled.
(ff)“Recycled oil” means used oil that has been prepared for reuse as a petroleumproduct by refining, rerefining, reclaiming, reprocessing or other means,provided that the preparation or use is operationally safe, environmentallysound and complies with all laws and regulations.
(gg)“Recycled paper” means a paper product with not less than:
(A)Fifty percent of its fiber weight consisting of secondary waste materials; or
(B)Twenty-five percent of its fiber weight consisting of post-consumer waste.
(hh)“Recycled PETE” means post-consumer polyethylene terephthalate material.
(ii)“Recycled product” means all materials, goods and supplies, not less than 50percent of the total weight of which consists of secondary and post-consumerwaste with not less than 10 percent of its total weight consisting ofpost-consumer waste. “Recycled product” includes any product that could havebeen disposed of as solid waste, having completed its life cycle as a consumeritem, but otherwise is refurbished for reuse without substantial alteration ofthe product’s form.
(jj)“Secondary waste materials” means fragments of products or finished products ofa manufacturing process that has converted a virgin resource into a commodityof real economic value. “Secondary waste materials” includes post-consumerwaste. “Secondary waste materials” does not include excess virgin resources ofthe manufacturing process. For paper, “secondary waste materials” does notinclude fibrous waste generated during the manufacturing process such as fibersrecovered from waste water or trimmings of paper machine rolls, mill broke,wood slabs, chips, sawdust or other wood residue from a manufacturing process.
(kk)“Services” mean services other than personal services designated under ORS279A.055, except that, for state contracting agencies with procurementauthority under ORS 279A.050 or 279A.140, “services” includes personal servicesas designated by the state contracting agencies.
(LL)“Special government body” has the meaning given that term in ORS 174.117.
(mm)“State agency” means the executive department, except the Secretary of Stateand the State Treasurer in the performance of the duties of their constitutionaloffices.
(nn)“State contracting agency” means an executive department entity authorized bylaw to conduct a procurement.
(oo)“State government” has the meaning given that term in ORS 174.111.
(pp)“Used oil” has the meaning given that term in ORS 459A.555.
(qq)“Virgin oil” means oil that has been refined from crude oil and that has notbeen used or contaminated with impurities.
(2)Other definitions appearing in the Public Contracting Code and the sections inwhich they appear are:
