75th OREGON LEGISLATIVE ASSEMBLY--2009 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 1476
House Bill 2037
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Government Accountability and Information Technology)
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.
Requires Oregon Department of Administrative Services and local
contracting agencies to maintain records concerning certain
public contracts and to submit reports concerning that
information to Governor and Legislative Assembly.
Provides that records that agencies maintain are public
records, but requires agencies to redact information other than
individual's name that could identify individual before
disclosing records. Requires agencies to make records available
electronically by means of Internet.
A BILL FOR AN ACT
Relating to disclosures concerning public contracts.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 and 3 of this 2009 Act are added to
and made a part of the Public Contracting Code. + }
SECTION 2. { + (1) As used in this section, 'consulting
services' means work that a person other than a regular employee
of a state contracting agency or local contracting agency does
for or on behalf of the agency in return for compensation
provided under the terms of a public contract. The work may
include, but is not limited to:
(a) Performing or providing research, analysis, assessments,
data processing or computer programming, training or education,
accounting, audits or evaluations, treatment or security;
(b) Giving professional advice or recommendations;
(c) Designing business or communications processes, procedures,
methods or strategies; or
(d) Other work related to the functions of the state
contracting agency or local contracting agency.
(2) The Oregon Department of Administrative Services shall
maintain records related to the consulting services that
contracting state agencies procure by means of public contracts.
A local contracting agency shall maintain records related to the
consulting services that the local contracting agency procures by
means of a public contract. The records must include, at a
minimum, the following information:
(a) For each public contract for consulting services that the
agency awarded in the previous fiscal year:
(A) The procedure the agency used to solicit and award the
contract. The record should note whether the procedure involved
competitive bidding or competitive proposals and summarize the
extent to which the procedure sought to and succeeded in
soliciting bids or proposals from minorities, women or emerging
small businesses.
(B) The total number of bids or proposals the agency received
in connection with the contract.
(C) The contract identification number, the contract term and
the award date.
(D) The contract price, if known, or the estimated total dollar
value.
(E) The nature of the consulting service.
(F) The name, address, employer and employment category or job
description of each person that provided consulting services
under the contract, including subcontractors.
(G) The number of hours each person, including each
subcontractor, worked in providing consulting services to the
agency under the terms of the contract.
(H) The total compensation each person, including each
subcontractor, received under the contract for providing
consulting services to the agency.
(I) A summary of each amendment to the contract that changed
the contract term, the contract price or estimated total value,
the nature of the consulting services or the identity of a person
providing consulting services under the contract, including the
identity of subcontractors.
(b) For the aggregated total of public contracts for consulting
services that the agency entered into in the previous fiscal
year:
(A) The total number of such contracts that the agency awarded.
(B) The total number of persons, including subcontractors, that
provided consulting services to the agency.
(C) The total number of minorities, women or emerging small
businesses that provided consulting services to the agency.
(D) The total number of public contracts for consulting
services that the agency awarded to each person that provided
consulting services to the agency, including each subcontractor.
(E) The total compensation the agency paid to each person,
including subcontractors, that provided consulting services to
the agency under all contracts the agency awarded to the person.
(3) Not later than 180 days after the end of each fiscal year,
the Oregon Department of Administrative Services and each local
contracting agency shall submit to the Governor and the
Legislative Assembly a report that summarizes the information in
the records described in subsection (2) of this section. The
department shall summarize the information for each state
contracting agency.
(4) The reports required under subsection (3) of this section
are public records under ORS 192.410 to 192.505. Before
disclosing a report in which an individual is identified, an
agency or a state official shall redact information, other than
the individual's name, that could identify the individual,
including information such as an address or Social Security
number. The department and each local contracting agency shall
make the information described in subsection (3) of this section
available in a searchable database that is accessible to the
public by means of the Internet, provided that the database may
not include any personally identifiable information for any
individual other than the individual's name.
(5) A state contracting agency or local contracting agency
shall require all contractors, including subcontractors, that
provide consulting services to the agency to submit an annual
report to the agency that includes:
(a) The employment classifications set forth under the terms of
each public contract for consulting services that a contractor or
subcontractor has with the agency, together with the number of
the contractor's or subcontractor's employees who belong to each
classification;
(b) The number of hours each employee worked in providing
consulting services under the contract; and
(c) The total compensation under the contract for each of the
contractor's or subcontractor's employees who provide consulting
services to the agency and the total compensation under the
contract for all of the contractor's or subcontractor's employees
who provide consulting services to the agency.
(6) The reports described in subsection (5) of this section are
public records under ORS 192.410 to 192.505. The state
contracting agency or local contracting agency must make the
reports available for public inspection and copying, but before
disclosing a report in which an individual is identified, an
agency or a state official shall redact information, other than
the individual's name, that could identify the individual,
including information such as an address or Social Security
number. + }
SECTION 3. { + (1) The Oregon Department of Administrative
Services shall maintain records of state contracting agencies'
active contracts for procuring goods and services that have a
contract price that exceeds $50,000. A local contracting agency
shall maintain records of the local contracting agency's active
contracts for procuring goods and services that have a contract
price that exceeds $50,000. The records the department or the
local contracting agency maintains must include information
sufficient and detailed enough to produce the report described in
subsection (2) of this section.
(2) Not later than 180 days after the end of each fiscal year,
the department and each local contracting agency shall submit to
the Governor and the Legislative Assembly a report that includes
the following information regarding contracts described in
subsection (1) of this section:
(a) A table that lists individual contracts awarded during the
previous fiscal year, including contracts awarded as part of a
cooperative procurement. The department's report must identify
the state contracting agency that awarded the contract. The table
prepared by the department or by a local contracting agency must
include:
(A) The name of the contractor;
(B) The contract price or estimated dollar value of the
contract;
(C) The total amount the state contracting agency or the local
contracting agency actually paid under the terms of the contract
in the previous fiscal year and over the life of the contract up
until the date on which the agency prepared the report;
(D) Codes that identify the category to which the agency
assigned the contract, along with an explanation of the
categories in a legend that accompanies the table; and
(E) The source selection method the agency used to solicit and
award the contract, including whether the agency awarded the
contract on the basis of a sole source, emergency, special or
otherwise negotiated procurement and whether the agency chose the
contractor on the basis of the lowest bid or the best value.
(b) Tables that list the contracts the agency has awarded in
the previous fiscal year by frequency of the award to a
particular contractor, by the number of bids the contract
solicitation attracted and by the source selection method the
agency used in awarding the contract.
(c) A table that lists the contracts that the contracting state
agency or local contracting agency solicited but did not award.
Each listing must show the reason for the decision not to award,
the source selection method used in the solicitation, the number
of protests in connection with the solicitation and the outcome
of the protest process. The department's table must collate the
list by state contracting agency.
(d) Tables or narratives that summarize the following
information:
(A) The total number of contracts that the local contracting
agency or each state contracting agency awarded in the previous
fiscal year, along with the total expenditures for all such
contracts up until the date on which the agency produced the
report. The table or narrative must collate or arrange the
contracts and expenditures by major contract categories
including, but not limited to:
(i) Consulting;
(ii) Construction;
(iii) Equipment;
(iv) Grants;
(v) Leases;
(vi) Miscellaneous services;
(vii) Printing;
(viii) Repayment agreements;
(ix) Intergovernmental agreements; and
(x) Goods.
(B) A comparison of the number of contracts the agency
solicited and awarded independently to the number of contracts
the agency solicited and awarded in connection with a cooperative
procurement process. The table or narrative must also show the
sum of the contract prices or estimated dollar values of the
contracts solicited and awarded independently, together with the
sum of the agency's expenditures for the contracts up until the
date on which the agency produced the report, compared to the
corresponding sums for contracts solicited and awarded in
connection with cooperative procurements.
(3) The report described in subsection (2) of this section is a
public record under ORS 192.410 to 192.505. The Oregon Department
of Administrative Services or the local contracting agency must
make the report available for public inspection and copying, but
before disclosing a report in which an individual is identified,
an agency or a state official shall redact information, other
than the individual's name, that could identify the individual,
including information such as an address or Social Security
number. The department and each local contracting agency shall
make the report available in a searchable database that is
accessible to the public by means of the Internet, provided that
the database may not include any personally identifiable
information for any individual other than the individual's
name. + }
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