71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 789
 
                         Senate Bill 348
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Attorney General Hardy
  Myers for Department of Justice)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Adds services related to architectural and engineering personal
service contracts to list of subjects to be included in model
public contracting rules.
 
                        A BILL FOR AN ACT
Relating to model public contracting rules; amending ORS 279.049.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 279.049 is amended to read:
  279.049. (1) The Attorney General shall prepare and maintain
model rules of procedure appropriate for use by all public
contracting agencies governing bid procedures, advertisements,
the awarding of bids, retainage, claims, liens, bid security,
payment and performance bonds and other matters involving public
contracts, and may devise and publish forms for use therewith.
The model rules prepared by the Attorney General under this
section must be adopted by the Attorney General in the manner
provided by ORS 183.310 to 183.550. Before adopting or amending
any such rule, the Attorney General shall consult with the
Director of the Oregon Department of Administrative Services, the
Director of Transportation, representatives of county
governments, representatives of city governments, representatives
of school boards and other knowledgeable persons.
  (2) The Attorney General shall add to the model rules described
in subsection (1) of this section a provision for procedures for
the screening and selection of persons to perform architectural
and engineering  { + and related services + } personal service
contracts. In developing such procedures, the Attorney General
shall use the least restrictive processes allowed under ORS
183.341.
  (3) After each legislative session, the Attorney General shall
review all laws passed by the Legislative Assembly that affect
public contracting to determine if the model rules prepared under
this section should be modified by the adoption of a new rule or
by the amendment or repeal of an existing rule. If the Attorney
General determines that a modification to the model rules is
necessary, the Attorney General shall prepare the modification
within such time as to allow the modification to take effect no
later than 120 days after the effective date of the legislation
that caused the rule to be modified. However, the Attorney
General may prepare a modification to take effect 121 days or
more after the effective date of the legislation if the Attorney
General provides notice designating the time period within which
the modification will take effect to the state agencies and
persons listed in subsection (1) of this section.
  (4) All public contracting agencies that have not established
their own rules of procedure under subsection (5) of this section
are subject to the model rules adopted by the Attorney General
under this section, including all modifications to the model
rules that the Attorney General may adopt.
  (5)(a) A public contracting agency may elect to establish its
own rules of procedure for public contracts that:
  (A) Specifically state that the model rules adopted by the
Attorney General under this section do not apply to the agency;
and
  (B) Prescribe the rules of procedure that the agency will use
for public contracts, which may include portions of the model
rules adopted by the Attorney General.
  (b) A public contracting agency that has adopted its own rules
under paragraph (a) of this subsection shall review those rules
each time the Attorney General adopts a modification to the model
rules under subsection (3) of this section to determine whether
any modifications need to be adopted by the agency to ensure
compliance with statutory changes.
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