71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
 
                            Enrolled
 
                         House Bill 2617
 
Sponsored by Representative GARDNER (at the request of Oregon
  State Building and Construction Trades)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to public contracting; creating new provisions; and
  amending ORS 279.037.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 279.037 is amended to read:
  279.037. (1) { + (a) + } A public contracting agency may
disqualify a person from consideration for award of that agency's
contracts for the reasons listed in subsection (2) of this
section after providing the person with notice and a reasonable
opportunity to be heard.   { - The disqualification shall not be
for a period of more than three years. - }
   { +  (b) In lieu of the disqualification process described in
paragraph (a) of this subsection, a public contracting agency
contracting for a public improvement may petition the
Construction Contractors Board to disqualify a person from
consideration for award of that agency's public improvement
contracts for the reasons listed in subsection (2) of this
section. The Construction Contractors Board shall provide the
person with notice and a reasonable opportunity to be heard.
  (c) A public contracting agency or the Construction Contractors
Board may not disqualify a person under this section for a period
of more than three years. + }
  (2) A person may be disqualified from consideration for award
of an agency's contracts for any of the following reasons:
  (a)   { - Conviction for the commission - }   { + The person
has been convicted + } of a criminal offense as an incident in
obtaining or attempting to obtain a public or private contract or
subcontract, or in the performance of such contract or
subcontract.
  (b)   { - Conviction - }   { + The person has been
convicted + } under state or federal statutes of embezzlement,
theft, forgery, bribery, falsification or destruction of records,
receiving stolen property, or any other offense indicating a lack
of business integrity or business honesty that currently,
seriously and directly affects the person's responsibility as a
contractor.
  (c)   { - Conviction - }   { + The person has been
convicted + } under state or federal antitrust statutes.
  (d)  { + The person has committed a + } violation of a contract
provision that is regarded by the public contracting agency
 { + or the Construction Contractors Board + } to be so serious
as to justify disqualification. A violation may include but is
 
 
Enrolled House Bill 2617 (HB 2617-A)                       Page 1
 
 
 
not limited to a failure to perform the terms of a contract or an
unsatisfactory performance in accordance with the terms of the
contract. However, a failure to perform or an unsatisfactory
performance caused by acts beyond the control of the contractor
may not be considered to be a basis for disqualification.
   { +  (e) The person does not carry workers' compensation or
unemployment insurance as required by statute. + }
  (3) A public contracting agency  { + or the Construction
Contractors Board + } shall issue a written decision to
disqualify a person pursuant to this section. The decision shall:
  (a) State the reasons for the action taken; and
  (b) Inform the disqualified person of the appeal right of the
person under { + :
  (A) + } ORS 279.043 and 279.045  { + if the decision to
disqualify was issued by a public contracting agency; or
  (B) ORS 183.310 to 183.550 if the decision to disqualify was
issued by the Construction Contractors Board + }.
  (4) A copy of the decision issued under subsection (3) of this
section shall be mailed or otherwise furnished immediately to the
disqualified person.
  SECTION 2.  { + The amendments to ORS 279.037 by section 1 of
this 2001 Act shall first apply to public contracts entered into
on or after the effective date of this 2001 Act. + }
                         ----------
 
 
Passed by House April 16, 2001
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate May 16, 2001
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2617 (HB 2617-A)                       Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2001
 
Approved:
 
......M.,............., 2001
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2001
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2617 (HB 2617-A)                       Page 3