74th OREGON LEGISLATIVE ASSEMBLY--2007 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 828
Senate Bill 201
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 Commissioner of the Bureau
of Labor and Industries Dan Gardner)
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.
Makes findings concerning use of Oregon workers to perform
services contracted for by state agencies. Requires state
contracting agencies to award state contracts for services in
accordance with procedures that promote investment of state funds
in jobs and economy of Oregon and United States. Requires
proposer submitting proposal on state contract for services to
disclose personnel deployment plan. Provides exceptions. Requires
Oregon Department of Administrative Services to adopt rules.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to state contracting for services in Oregon; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 5 of this 2007 Act are added to
and made a part of ORS chapter 279B. + }
SECTION 2. { + The Legislative Assembly finds and declares
that:
(1) Workers who perform services in Oregon pay income taxes to
the state. Employers who do business in Oregon pay corporate
excise taxes to the state. Workers and employers tend to meet
their personal and business needs through expenditures in the
communities where they work, further promoting the economic
vitality of Oregon.
(2) Creation and retention of gainful employment performed in
Oregon reduces the burden on the state to provide unemployment
benefits, medical benefits, employment assistance and other
taxpayer-funded assistance.
(3) Under ORS 279A.015, meaningful competition for public
contracts may be obtained by evaluation of performance factors
and other aspects of service and product quality, as well as
pricing, in arriving at the best value to the state. The best
value to the state is derived not only through effective and
efficient contracting practices, but also through the employment
of Oregon residents and increased economic vitality within the
state.
(4) Oregon citizens and taxpayers expect contracting agencies
to operate in an economical and sustainable manner that keeps tax
dollars in the economic community that generated those dollars,
thus ensuring that those dollars continue contributing to
economic activity and job creation. The state should acknowledge
the contributions and investments that Oregon workers and
businesses make to Oregon and the benefits that work performed in
Oregon confers on the state by requiring contracting agencies to
consider these contributions, investments and benefits when
awarding public contracts for services. + }
SECTION 3. { + To the extent permitted by state and federal
law, state contracting agencies shall solicit and award public
contracts for services in accordance with procedures that promote
the investment of state contract funds in the jobs and economy of
Oregon and the United States. + }
SECTION 4. { + (1) In a request for proposals issued under ORS
279B.060 for a public contract for services, a state contracting
agency shall include:
(a) A clause that requires a proposer to disclose in the
proposal the personnel deployment plan, described in subsection
(2) of this section, that the proposer intends follow in
performing the contract; and
(b) A clause stating that the personnel deployment plan will be
a factor used by the agency to evaluate proposals.
(2) In the disclosure of a personnel deployment plan, a
proposer shall certify:
(a) The number of workers the proposer plans to deploy directly
and through first-tier subcontractors to perform work directly
required by the contract; and
(b) The minimum number of workers that the proposer will employ
in Oregon.
(3) When evaluating proposals under ORS 279B.060 (10), a state
contracting agency shall reject a proposal that does not include
a personnel deployment plan.
(4) Notwithstanding subsections (1) to (3) of this section, a
state contracting agency may exempt a request for proposals and
the proposals from the requirements of subsections (1) to (3) of
this section if the agency determines in writing that:
(a) Applying the requirements would conflict with applicable
grant conditions or other restrictions imposed by the funding
source;
(b) The services required by the agency cannot reasonably be
performed in Oregon or cannot be performed in Oregon in
quantities or within delivery times that are reasonably useful or
usable by the agency;
(c) Applying the requirements would, according to relevant
legal authority, be in conflict with or not permitted under
applicable federal law, treaties or regulations;
(d) All services to be performed under the contract must, by
their nature, physically be performed within Oregon; or
(e) The requirements would, because of exceptional
circumstances, be in conflict with the needs of the agency.
(5) State contracting agencies shall report exemptions allowed
under subsection (4) of this section to the Oregon Department of
Administrative Services. The department shall maintain a list of
exemptions and make the list available to the public. + }
SECTION 5. { + The Oregon Department of Administrative
Services shall adopt rules:
(1) For evaluating personnel deployment plans as required in
proposals for public contracts for services that are subject to
section 4 (1) of this 2007 Act; and
(2) For reporting and listing exemptions allowed under section
4 (4) of this 2007 Act. + }
SECTION 6. { + Sections 2 to 5 of this 2007 Act apply only to
public contracts for services advertised, but if not advertised
then entered into, on or after January 1, 2008. + }
SECTION 7. { + (1) Sections 2 to 5 of this 2007 Act become
operative on January 1, 2008.
(2) The Oregon Department of Administrative Services may take
any action before the operative date of sections 2 to 5 of this
2007 Act that is necessary to enable the department to exercise,
on and after the operative date of sections 2 to 5 of this 2007
Act, all the duties, functions and powers conferred on the
department by sections 2 to 5 of this 2007 Act. + }
SECTION 8. { + 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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