Chapter 197 Oregon Laws 2007
AN ACT
HB 2264
Relating to public contracting by education entities; creating new
provisions; amending ORS 279A.050; and declaring an emergency.
Be It Enacted by the People of
the State of Oregon:
SECTION 1.
ORS 279A.050 is amended to read:
279A.050. (1) Except as
otherwise provided in the Public Contracting Code, a contracting agency shall
exercise all rights, powers and authority in accordance with the provisions of
the Public Contracting Code.
(2) Except as otherwise provided
in the Public Contracting Code, for state agencies the Director of the Oregon
Department of Administrative Services has all of the rights, powers and
authority necessary to carry out the provisions of the Public Contracting Code.
(3) Except as otherwise
provided in the Public Contracting Code, the Director of Transportation has all
of the rights, powers and authority to:
(a) Procure or supervise
the procurement of all services and personal services to construct, acquire,
plan, design, maintain and operate passenger terminal facilities and motor
vehicle parking facilities in connection with any public transportation system
in accordance with ORS 184.689 (5);
(b) Procure or supervise
the procurement of all goods, services, public improvements and personal
services relating to the operation, maintenance or construction of highways,
bridges and other transportation facilities that are subject to the authority
of the Department of Transportation; and
(c) Establish standards
for, prescribe forms for and conduct the prequalification of prospective
bidders on public improvement contracts related to the operation, maintenance
or construction of highways, bridges and other transportation facilities that
are subject to the authority of the Department of Transportation.
(4) Except as otherwise
provided in the Public Contracting Code, the Secretary of State has all of the
rights, powers and authority to procure or supervise the procurement of goods,
services and personal services related to programs under the direct authority
of the Secretary of State.
(5) Except as otherwise
provided in the Public Contracting Code, the State Treasurer has all of the
rights, powers and authority to procure or supervise the procurement of goods,
services and personal services related to programs under the authority of the
State Treasurer.
(6) The following
specific limited authorities are subject to the provisions of the Public
Contracting Code:
(a) The Department of
Human Services to procure or supervise the procurement of goods, services and
personal services for the construction, demolition, exchange, maintenance,
operation and equipping of housing:
(A) For the chronically
mentally ill, subject to applicable provisions of ORS 426.504; and
(B) For the purpose of
providing care to individuals with mental retardation or other developmental
disabilities, subject to applicable provisions of ORS 427.335;
(b) The State Department
of Fish and Wildlife to procure or supervise the procurement of all goods,
services, public improvements and personal services relating to dams, fishways,
ponds and related fish and game propagation facilities;
(c) The State Parks and
Recreation Department to procure or supervise the procurement of all goods,
services, public improvements and personal services relating to state parks;
(d) The Oregon
Department of Aviation to procure or supervise the procurement of all goods,
services, public improvements and personal services related to airports owned
or operated by the state;
(e) The Economic and
Community Development Department to procure or supervise the procurement of all
goods, services, personal services and public improvements related to its
foreign trade offices operating outside the state;
(f) The Attorney General
to enter into contracts as necessary to exercise the authority granted in ORS
chapter 180;
(g) The Housing and
Community Services Department to procure or supervise the procurement of goods,
services and personal services;
(h) The Department of
Corrections to procure or supervise the procurement of goods, services and
personal services for the construction of all new buildings or additions for
its institutions;
(i) The Department of
Corrections, subject to any applicable provisions of ORS 279A.120, 279A.125,
279A.145 and 283.110 to 283.395, to procure or supervise the procurement of
goods for its institutions;
(j) The Department of
Veterans’ Affairs to procure or supervise the procurement of real estate broker
and principal real estate broker services related to programs under the department’s
authority; [and]
(k) The Department of
Education, subject to any applicable provisions of ORS 329.075, 329.085 and
329.485 and the federal No Child Left Behind Act of 2001 (P.L. 107-110, 115
Stat. 1425), to procure or supervise the procurement of goods, services,
personal services and information technology relating to student assessment;
and
[(k)] (L) Any state agency to make procurements when the
agency is specifically authorized by any provision of law other than the Public
Contracting Code to enter into a contract.
SECTION 2. The
amendments to ORS 279A.050 by section 1 of this 2007 Act apply to contracts
entered into on or after the effective date of this 2007 Act.
SECTION 3. This
2007 Act being necessary for the immediate preservation of the public peace,
health and safety, an emergency is declared to exist, and this 2007 Act takes
effect on its passage.
Approved by the Governor May 30, 2007
Filed in the office of Secretary of State May 31, 2007
Effective date May 30, 2007
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