OAR 839-025-0800: Satellite Locations

(1) Work that meets the requirements of OAR 839-025-0004(30)(a)(G) is not a public works if a contractor, subcontractor or a public agency demonstrates by a preponderance of the evidence that the work produces: (a) Inventory that, at the time it is produced, can with reasonable certainty, be sold on the general market or utilized on a project other than the public works project; (b) A product that is identical to a product that was previously produced for a reason other than the public works project; or (c) A product that was based exclusively on standard designs or standard dimensions, without modification, including but not limited to products that, before the public works solicitation was issued, were available for purchase in a catalogue or product list. (2) The affirmative defense described in section (1) of this rule may be demonstrated at any time up to and including in a contested case proceeding. (3) If, at the time a public works contract is required to incorporate the existing state prevailing rate of wage under OAR 839-025-0020, the applicable version of the Prevailing Wage Rates for Public Works Contracts described in OAR 839-025-0700 does not contain a rate that is expressly made applicable to work performed at a satellite location, the work is not a public works. (4)(a) Subject to sections (1) to (3) of this rule, the prevailing rate of wage for work performed at a satellite location is the rate of wage that is applicable to the locality of the public works project listed in ORS 279C.800(6)(a)(A) to (F). (b) The performance of work at a satellite location does not require submission of an additional notice under ORS 279C.835 or payment of an additional fee under ORS 279C.825. (5)(a) A public agency who complies with ORS 279C.830(1) and (2) is not subject to the civil penalties described in OAR 839-025-0530(5)(a) to (g). (b) A contractor or subcontractor who complies with ORS 279C.830(1) and (2) is not subject to the civil penalties described in OAR 839-025-0530(4)(f), (g) or (h). (6) Nothing in this rule: (a) Requires a contractor to serve as a training agent or otherwise participate in a Registered Apprenticeship Program; or (b) Modifies the obligations of a journey worker to supervise an apprentice, in accordance with Division 11 and any applicable standard, at the same physical location as the apprentice.