OAR 839-025-0008: List of Planned Public Improvements and Cost Analysis

(1) For purposes of this rule, "public improvement" has the meaning given that phrase in ORS 279A.010. (2)(a) Each public agency must prepare and file with the Bureau a list of every public improvement known to the agency that the agency plans to fund during the subsequent budget period. The list must be submitted to the Bureau not less than 30 days prior to the adoption of the agency's budget or before construction of a public improvement begins. If the agency revises its list after the adoption of its budget, the agency must file the revised list with the Bureau at that time. (b) If a public agency intends to use its own equipment or personnel to perform construction work on a public improvement and the estimated value of the agency's construction work exceeds $200,000 (or $125,000 if the public improvement involves the resurfacing of highways, roads or streets at a depth of two or more inches), the agency must prepare and file with the Bureau no later than 180 days before construction begins on the public improvement a cost analysis that shows that the agency's decision to use its own equipment or personnel conforms to the state policy that public improvements will be constructed at the least cost to public agencies. (3) To assist public contracting agencies in complying with the provisions of ORS 279C.305 and these rules, the Bureau has prepared two forms, WH-118 and WH-119. The use of these forms by the public contracting agency is optional. However, the statutory requirements of 279C.305(2) are satisfied when these forms are completed and mailed to the Prevailing Wage Rate Unit. The forms should be completed as follows: (a) The Planned Public Improvement Summary form, WH-118, should be used to summarize all planned projects in the subsequent budget period, noting the project information requested on the form; (b) The Public Improvement Project Cost Analysis form, WH-119, should be completed for the purpose of demonstrating that a public agency's use of its own equipment or personnel results in the least cost to the agency. In developing cost comparisons, unit costs which can be substantiated by the agency's cost accounting system should be used. Contractor unit prices that reflect bidding data should also be used. (4) A complaint alleging that a public agency has violated ORS 279C.305 must meet the following requirements in order to be considered by the Bureau: (a) The complaint must be in writing, identify specific acts or omissions allegedly committed by a public agency in violation of ORS 279C.305. (b) The complaint must be filed by a contractor, or a trade association of contractors acting on behalf of a member of the trade association, who was eligible to perform the construction work for which the public agency used its own equipment or personnel. (c) The complaint must be filed within one year after the contractor or trade association discovered or should have known that the violation occurred. (d) The complainant has paid a filing fee of $250, which is refundable if investigation of the complaint finds substantial evidence of a violation. (e) In addition to the written complaint, the complainant must provide documents, records, and other information in support of the allegation that a violation has occurred. Such information may include, but is not limited to, copies of documents verifying the costs of labor, equipment, administration and overhead, tools and materials, or control testing, or any other contracts related to the public improvement; copies of plans, specifications, or estimates related to the public improvement; copies of correspondence with the public agency concerning the public improvement; copies of cost estimating procedures used in preparing a cost analysis for the public improvement; and copies of any other relevant information which demonstrates that a violation of ORS 279C.305 or these rules has occurred. [ED. NOTE: Forms referenced are available from the Bureau of Labor and Industries.]