{"data":{"id":"us-or/ors-279c.332","jurisdiction":"us-or","citation":"ORS 279C.332","heading":"Definitions for ORS 279A.065, 279C.307, 279C.335, 279C.337 and 279C.380.","body":"As used in this section and ORS 279A.065, 279C.307, 279C.335, 279C.337 and 279C.380:\n      (1) “Affiliate” means a person that, directly or indirectly through one or more intermediaries, controls, is controlled by or is under common control with another person.\n      (2) “Construction manager/general contractor” means a person that provides construction manager/general contractor services to a contracting agency under a public improvement contract.\n      (3)(a) “Construction manager/general contractor services” means construction-related services that a contracting agency procures by means of an alternative contracting method under ORS 279C.335 and that:\n      (A) Include a construction manager/general contractor’s:\n      (i) Functioning as a member of a project team that includes the contracting agency, the architect or engineer that designs the public improvement under a separate contract with the contracting agency and other contractors and consultants; and\n      (ii) Reviewing and analyzing a design for a public improvement in order to:\n      (I) Suggest changes in the design that minimize potential errors, delays, unexpected costs and other problems during construction;\n      (II) Recommend means by which the contracting agency may achieve the functions of the public improvement or a component of the public improvement safely, reliably, efficiently and at the lowest overall cost;\n      (III) Improve the value and quality of the public improvement; and\n      (IV) Reduce the time necessary to complete the public improvement; and\n      (B) May include, depending on the specific terms of the public improvement contract and on whether the contracting agency decides to proceed with construction, a construction manager/general contractor’s:\n      (i) Devising a schedule for constructing the public improvement;\n      (ii) Estimating construction, materials, labor and other costs for the public improvement;\n      (iii) Establishing a fixed price, a guaranteed maximum price or other maximum price;\n      (iv) Constructing portions of the public improvement and subcontracting portions to other contractors;\n      (v) Coordinating and overseeing the construction process; or\n      (vi) Performing other services related to constructing a public improvement in accordance with the terms of the public improvement contract.\n      (b) “Construction manager/general contractor services” does not include services related to constructing a public improvement under the terms of:\n      (A) A public improvement contract that a contracting agency awards on the basis of a competitive bidding process that does not require an exemption under ORS 279C.335;\n      (B) A public improvement contract that results from a design-build procurement, as defined in rules the Attorney General or a contracting agency adopts under ORS 279A.065, and that is exempt from the competitive bidding requirement under ORS 279C.335;\n      (C) An energy performance contract;\n      (D) A public improvement contract for a transportation project that:\n      (i) Is exempt from the competitive bidding requirement under ORS 279C.335;\n      (ii) Requires the contractor to construct the project according to plans and specifications that a design professional provides under a separate contract with the contracting agency and without significant participation from the contractor; and\n      (iii) The contracting agency awards on the basis of the contracting agency’s evaluation of:\n      (I) The contractor’s qualifications, the price to perform the work on the project and the amount of time the contractor will take to perform the work; or\n      (II) The contractor’s qualifications, past experience with similar projects, the price to perform the work on the project and the contractor’s planned approach to the project; or\n      (E) A public improvement contract that is otherwise exempt or excepted from the competitive bidding requirement under ORS 279C.335.\n      (4) “Guaranteed maximum price” means the total price at which a construction manager/general contractor agrees to provide construction manager/general contractor services to a contracting agency in accordance with the terms and conditions and scope of work for a specific public improvement contract and within which are:\n      (a) All costs the contracting agency agrees to reimburse and all fees the contracting agency agrees to pay for completing the public improvement; and\n      (b) Any contingent costs, fees or other charges specifically identified in the public improvement contract.","path":["07 - Public Facilities and Finance","26. Public Facilities, Contracting and insurance","Chapter 279C — Public Contracting - Public Improvements and Related Contracts"],"source_url":"https://www.oregonlegislature.gov/bills_laws/ors/ors279C.html","current_through":"2025 Edition","vintage":"","retrieved_at":"2026-09-03T23:50:13Z","sha256":"8c8b75be56cc594105891987c2eea6c4e5b4f7444af0b2036c01e70fe82b4330","source_id":"us-or","stale":false,"prev":"us-or/ors-279c.330","next":"us-or/ors-279c.335"},"notice":"GroundRules: Original legal text. Not legal advice."}