74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
HA to HB 2140
 
LC 1026/HB 2140-1
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2140
 
               By COMMITTEE ON BUSINESS AND LABOR
 
                              May 9
 
  On page 1 of the printed bill, line 3, after '279B.050, '
insert '279B.080,'.
  On page 3, line 26, delete 'a contract for'.
  On page 7, line 2, delete 'A federally recognized' and insert
'An American' and after 'tribe' insert 'or an agency of an
American Indian tribe'.
  Delete lines 4 through 6 and insert:
  ' (H) An intergovernmental entity formed between or among:
  ' (i) Governmental bodies of this or another state;
  ' (ii) The federal government;
  ' (iii) An American Indian tribe or an agency of an American
Indian tribe;
  ' (iv) A nation other than the United States; or
  ' (v) A governmental body in a nation other than the United
States.
  ' (b) Agreements authorized by ORS chapter 190 or by a statute,
charter provision, ordinance or other authority for establishing
agreements between or among governmental bodies or agencies or
tribal governing bodies or agencies;'.
  In line 7, delete '(b)' and insert '(c)'.
  In lines 8 and 9, delete the boldfaced material.
  In line 10, delete '(c)' and insert '(d)'.
  In line 11, delete '(d)' and insert '(e)'.
  In line 14, delete '(e)' and insert '(f)'.
  In line 15, delete '(f)' and insert '(g)'.
  In line 17, delete '(g)' and insert '(h)'.
  In line 18, delete '(h)' and insert '(i)'.
  In line 19, delete '(i)' and insert '(j)'.
  In line 21, delete '(j)' and insert '(k)'.
  In line 23, delete '(k)' and insert '(L)'.
  In line 25, delete '(L)' and insert '(m)'.
  In line 27, delete '(m)' and insert '(n)'.
  In line 29, delete '(n)' and insert '(o)'.
  In line 32, delete '(o)' and insert '(p)'.
  In line 40, delete '(p)' and insert '(q)'.
  On page 8, line 7, delete '(q)' and insert '(r)'.
  In line 9, delete '(r)' and insert '(s)'.
  On page 9, delete lines 14 and 15 and insert:
  ' (6) The state agencies listed in this subsection have all the
authority to do the following in accordance with the Public
Contracting Code:'.
  Delete lines 22 through 24 and insert:
  ' (b) The State Department of Fish and Wildlife to procure or
supervise the procurement of construction materials, equipment,
supplies, services and personal services for public improvements,
public works or ordinary construction described in ORS 279C.320
that is subject to the authority of the State Department of Fish
and Wildlife;'.
  Delete lines 27 through 29 and insert:
 
  ' (d) The Oregon Department of Aviation to procure or supervise
the procurement of construction materials, equipment, supplies,
services and personal services for public improvements, public
works or ordinary construction described in ORS 279C.320 that is
subject to the authority of the Oregon Department of Aviation;'.
  In line 36, restore ', services and personal services' and
delete 'and services' and delete '(n)' and insert '(o)'.
  Delete lines 37 and 38 and insert:
  ' (g) The Department of Corrections to procure or supervise the
procurement of construction materials, equipment, supplies,
services and personal services for public improvements, public
works or ordinary construction described in ORS 279C.320 that is
subject to the authority of the Department of Corrections;'.
  In line 44, delete 'and'.
  After line 44, insert:
  ' (j) The Oregon Military Department to procure or supervise
the procurement of construction materials, equipment, supplies,
services and personal services for public improvements, public
works or ordinary construction described in ORS 279C.320 that is
subject to the authority of the Oregon Military Department; and '
  In line 45, restore '(k)' and delete '(j)' and delete ' make
procurements' and insert 'conduct a procurement'.
  On page 10, after line 1, insert:
  ' (7) Notwithstanding this section and ORS 279A.140 (1), the
Director of the Oregon Department of Administrative Services has
exclusive authority to procure or supervise the procurement of
all state agency information technology contracts and all price
agreements on behalf of the state agencies identified in
subsection (6)(a) to (j) of this section under which more than
one state agency may order goods, services or personal services
unless the director delegates this authority. This subsection
does not apply to contracts under which the contractor delivers
to the state agency information technology products or services
incidental to the performance of personal services contracts
described in ORS chapter 279C or construction contracts described
in ORS chapter 279C. A state agency identified in subsection (3)
or (6)(a) to (j) of this section may not establish a price
agreement or enter into a contract for goods, services or
personal services without the approval of the director if the
director has established a price agreement for the goods,
services or personal services.'.
  In line 4, delete the second 'contracting agency' and insert
'governmental body in this state or in another jurisdiction'.
  In line 5, after 'for' insert 'the'.
  In line 7, delete 'by or' and delete 'one or'.
  In line 8, delete 'contracting agencies' and insert 'than one
governmental body'.
  In line 10, after 'formed' insert 'among only governmental
bodies' and after '190' delete the rest of the line and insert '
or by a statute, charter provision, ordinance or other authority
for establishing agreements between or among governmental bodies
or agencies or tribal governing bodies or agencies.'.
  In line 11, delete 'contracting agencies' and insert '
governmental bodies'.
  In line 16, delete 'agencies' and insert 'governmental bodies'.
  In line 18, delete 'contracting agencies' and insert '
governmental bodies' and delete 'agencies'' and insert '
bodies''.
  In line 24, delete the second 'contracting agency' and insert
'governmental body'.
  On page 11, after line 34, insert:
  '  { +  SECTION 6a. + } ORS 279B.080 is amended to read:
  ' 279B.080.  { + (1) + } The head of a contracting agency, or a
person designated under ORS 279A.075, may make or authorize
others to make emergency procurements of goods or services in an
emergency.  The contracting agency shall document the nature of
the emergency and describe the method used for the selection of
the particular contractor.
  '  { +  (2) For an emergency procurement of construction
services that are not public improvements, the contracting agency
shall ensure competition for a contract for the emergency work
that is reasonable and appropriate under the emergency
circumstances. In conducting the procurement, the contracting
agency shall set a solicitation time period that the contracting
agency determines to be reasonable under the emergency
circumstances and may issue written or oral requests for offers
or make direct appointments without competition in cases of
extreme necessity. + } ' .
  On page 18, line 13, restore 'will' and delete 'is reasonably'
and insert 'likely'.
  In line 14, delete 'expected to' and after the second ' agency'
insert 'based upon the justification and information described in
ORS 279C.330'.
  On page 20, line 15, restore 'will' and delete 'is reasonably'
and insert 'likely'.
  In line 16, delete 'expected to' and after the second ' agency'
insert 'based upon the justification and information described in
ORS 279C.330'.
  On page 22, line 22, restore 'will' and delete 'is reasonably'
and insert 'likely'.
  In line 23, delete 'expected to' and after the second ' agency'
insert 'based upon the justification and information described in
ORS 279C.330'.
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