Relating to public contracting by education entities; creating new provisions; and amending ORS 279A.025.


 
 
 
     74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
HA to HB 2264
 
LC 480/HB 2264-2
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2264
 
       By COMMITTEE ON WORKFORCE AND ECONOMIC DEVELOPMENT
 
                            April 19
 
  On page 1 of the printed bill, line 2, delete 'and'.
  In line 3, delete '279A.025' and insert '279A.050; and
declaring an emergency'.
  Delete lines 5 through 31 and delete pages 2 and 3 and insert:
  '  { +  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. + } ' .
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