1. (1) A public agency circumvents the payment of the prevailing rate of wage when it knowingly or intentionally:

   1. (a) Fails or refuses to include a provision stating the existing prevailing rate of wage in the contract specifications in violation of ORS 279C.830;
   2. (b) Fails or refuses to include a provision in the contract that workers on the contract shall be paid no less than the specified minimum hourly rate of wage in violation of ORS 279C.830;
   3. (c) Divides a project for the purpose of avoiding compliance with ORS 279C.800 to 279C.870 in violation of ORS 279C.827.
   4. (d) Awards a contract to a contractor whose name appears on the list of ineligibles maintained pursuant to ORS 279C.860.
2. (2) The "specified minimum hourly rate of wage" as used in section (1)(b) of this rule means the applicable prevailing rate of wage.
3. (3) A contractor circumvents the payment of the prevailing rate of wage when it knowingly or intentionally awards a contract to a contractor whose name appears on the list of ineligibles maintained pursuant to ORS 279C.860.

Statutory/Other Authority

ORS 279 & 651

Statutes/Other Implemented

ORS 279.348 - 279.380

History

BLI 9-2011, f. 10-27-11, cert. ef. 11-1-11
BLI 42-2007, f. 12-28-07, cert. ef. 1-1-08
BLI 20-2007(Temp), f. 7-30-07, cert. ef. 8-1-07 thru 1-27-08
Renumbered from 839-016-0340, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05
BL 3-1996, f. & cert. ef. 1-26-96