74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2264
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Superintendent of Public
Instruction Susan Castillo for Department of Education)
CHAPTER ................
AN ACT
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,
Enrolled House Bill 2264 (HB 2264-A) Page 1
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
Enrolled House Bill 2264 (HB 2264-A) Page 2
is declared to exist, and this 2007 Act takes effect on its
passage. + }
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Passed by House April 25, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 14, 2007
...........................................................
President of Senate
Enrolled House Bill 2264 (HB 2264-A) Page 3
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 2264 (HB 2264-A) Page 4