2016 Public Contracting Rules Update

By Carrie Connelly

From our December 2015 e-newsletter

As you are aware, ORS Chapters 279A, 279B and 279C (the “Public Contracting Code” or “Code”) has been in place since March 1, 2005. Since that date, the legislature has amended some aspect of the Code nearly every session. The 2015 legislature’s changes went into effect on September 21, 2015, and January 1, 2016. By statute (ORS 279A.065(5)(b)), each public contracting agency must review its rules once new AG rules take effect, to ensure statutory compliance. I have reviewed the AG’s new rules and prepared the necessary updates to replace any rules your entity may have adopted since 2005.

The most significant updates in our 2016 rules reflect changes in anti-discrimination laws, tax law compliance certifications, and “determination of responsibility” findings. Further, you may not have amended your rules yet to reflect the 2013 increase in the small procurement threshold for goods and services, from $5,000 to $10,000 and the requirement to follow the Attorney General’s Model Rules for Construction Manager/General Contractor (CM/GC) contracts.

I understand that the frequency of these regular updates may be frustrating, but we consider it our duty to continue making our update service available to you. By presenting the changes in a flat fee packet, our goal is to limit your costs while ensuring a legally sufficient product.

Our packet includes a letter explaining the changes and applicable adoption process, the updated rules, notice, and an amending resolution. If you purchased our 2012 packet, the most recent update can be purchased for $150. For those of you who have our rules in place, but have not updated within the past four years, the flat fee is $400. If you have not previously purchased our rules, the entire packet can be purchased for $650.

Please call or contact Carrie, at the Local Government Law Group with any questions you may have. If your entity chooses to purchase a 2016 rule update, let us know how you wish to receive the updates (e.g., hard copy, electronically, or both). In addition, please let us know which prior version of our rules you purchased. We look forward to hearing from you.

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