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 687
Senate Bill 369
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 Governor John A. Kitzhaber,
M.D., for Oregon Department of Administrative Services)
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.
Changes method for determining prices of products and services
offered to public agencies by qualified nonprofit agencies for
disabled individuals.
Declares emergency, effective upon passage.
A BILL FOR AN ACT
Relating to public contracting; creating new provisions; amending
ORS 279.845 and 279.850; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 279.845 is amended to read:
279.845. (1) { - It shall be the duty of - } The Oregon
Department of Administrative Services { - to: - }
{ - (a) Determine the price of all products manufactured and
services offered for sale to the various public agencies by any
qualified nonprofit agency for disabled individuals. The price
shall recover for the workshops the cost of raw materials, labor,
overhead, delivery costs and a margin held in reserve for
inventory and equipment replacement; - }
{ - (b) To revise such prices from time to time in accordance
with changing cost factors; and - }
{ - (c) To make such - } { + shall adopt + } rules
regarding specifications, time of delivery and other relevant
matters of procedure as { - shall be - } { + are + }
necessary to carry out the purposes of ORS 279.015 and 279.835 to
279.855.
(2) The department shall establish and publish a list of
sources or potential sources of products produced by any
qualified nonprofit agency for disabled individuals and the
services provided by any such agency, which the department
determines are suitable for procurement by public agencies
pursuant to ORS 279.015 and 279.835 to 279.855. This procurement
list and revisions thereof shall be distributed to all public
purchasing officers.
SECTION 2. ORS 279.850 is amended to read:
279.850. (1) If any public agency intends to procure any
product or service on the procurement list, that agency shall, in
accordance with rules of the Oregon Department of Administrative
Services, procure such product or service, at { - the - } { +
a + } price
{ - established - } { + agreed on + } by the
{ - department - } { + public agency + }, from a qualified
nonprofit agency for disabled individuals provided the product or
service is of the appropriate specifications and is available
within the period required by that public agency. { + The agreed
price shall recover for the qualified nonprofit agency for
disabled individuals the cost of raw materials, labor, overhead,
delivery costs and a margin held in reserve for inventory and
equipment replacement.
(2) If a public agency and a qualified nonprofit agency for
disabled individuals are unable to agree on a price, the parties
may enter into mediation or the public agency may select another
qualified nonprofit agency for disabled individuals from the list
published under ORS 279.845.
(3) If a public agency and a qualified nonprofit agency for
disabled individuals are unable to agree on a price after
mediation, and another qualified nonprofit agency for disabled
individuals is unable or unwilling to agree on a price, the
parties may submit the price dispute to the Oregon Department of
Administrative Services for final resolution. The department may
recover its costs from the parties. + }
{ - (2) - } { + (4) + } In furthering the purposes of ORS
279.015 and 279.835 to 279.855, it is the intent of the
Legislative Assembly that there be close cooperation between the
department, public contracting agencies and qualified nonprofit
agencies for disabled individuals. The department on behalf of
public contracting agencies and qualified nonprofit agencies for
disabled individuals is authorized to enter into such contractual
agreements, cooperative working relationships or other
arrangements as may be determined to be necessary for effective
coordination and efficient realization of the objectives of ORS
279.015 and 279.835 to 279.855 and any other law requiring
procurement of products or services.
SECTION 3. { + The amendments to ORS 279.845 and 279.850 by
sections 1 and 2 of this 2001 Act apply to public contracts
entered into 120 days or more after the effective date of this
2001 Act. + }
SECTION 4. { + The amendments to ORS 279.845 and 279.850 by
sections 1 and 2 of this 2001 Act become operative 120 days after
the effective date of this 2001 Act. + }
SECTION 5. { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect on its
passage. + }
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