Or. Admin. R. 629-029-0135 - Contract Requirements

(1) Conditions of contracts concerning payment of laborers and materialmen, contributions to Industrial Accident Fund, liens, and withholding taxes. Contracts entered into by the STATE may contain a condition that the PURCHASER shall:

(a) Make payment promptly, as due, to all persons supplying to such contractor labor or material for the prosecution of the work provided for in such contract.

(b) Pay all required contributions or amounts due the Industrial Accident Fund under ORS Chapter 656 from such contractor or subcontractor incurred in the performance of the contract.

(c) Not permit any lien or claim to be filed or prosecuted against the state, county, school district, municipality, municipal corporation, or subdivision thereof, on account of any labor or material furnished.

(d) Pay to the Department of Revenue all sums withheld from the employees pursuant to ORS 316.167.

(2) Condition concerning payment of claims by public officers.

(a) Contracts entered into by the STATE may contain a clause or condition that if the PURCHASER fails, neglects, or refuses to make prompt payment of any claim for labor or services furnished to PURCHASER or a subcontractor in connection with work to be done under a contract, as such claim becomes due, the STATE may pay such claim to the person furnishing the labor or services and obtain reimbursement from PURCHASER or from PURCHASER's performance bond.

(b) Payment of any claim in such manner shall not relieve PURCHASER or surety from obligations with respect to any unpaid claims.

(3) Provisions relating to environmental and natural resources laws and rules. Bid documents may make specific reference to federal, state, and local agencies that have enacted ordinances or regulations dealing with the prevention of environmental pollution and the preservation of natural resources that affect the performance of the contract.

(4) Provisions relating to termination of contract. Contracts entered into by the STATE shall contain a clause that allows the State to terminate contract, in whole or in part, whenever the STATE determines it is in its interest to do so.

Notes

Or. Admin. R. 629-029-0135

FB 1-1997, f. 9-4-97, cert. ef. 1-1-98

Stat. Auth.: ORS 526.041

Stats. Implemented: ORS 530.050