76th OREGON LEGISLATIVE ASSEMBLY--2011 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 208
 
                           A-Engrossed
 
                         House Bill 3000
                  Ordered by the House April 26
            Including House Amendments dated April 26
 
Sponsored by Representative CLEM (Presession filed.)
 
 
                             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.
 
    { - Requires proposal for public contract for services to
include personnel deployment disclosure. Specifies contents of
personnel deployment disclosure. - }
    { - Requires contracting agency to state in request for
proposals that proposer must submit personnel deployment
disclosure and that contracting agency will apply preferences in
awarding contract in part on basis of information in personnel
deployment disclosure. - }
    { - Requires contracting agency to apply certain preferences
in awarding contract. - }
    { - Requires contracting agency to reject proposal submitted
without personnel deployment disclosure unless contracting agency
makes certain findings. - }
   { +  Authorizes contracting agency, when procuring goods or
services for public use, to give preference to goods that are
fabricated or processed, or services that are performed, entirely
within Oregon if cost of goods or services is not more than
specified amount.
  Becomes operative January 1, 2012. + }
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to preferences in public contracting; creating new
  provisions; amending ORS 279A.128; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 279A.128 is amended to read:
  279A.128.  { + (1) As used in this section, 'services' means
services as defined in ORS 279A.010 (1)(kk) and personal services
designated under ORS 279A.055.
  (2)(a) + } Notwithstanding provisions of law requiring a
contracting agency to award a contract to the lowest responsible
bidder or best proposer or provider of a quotation, a contracting
agency that uses public funds to procure goods { +  or
services + } for a public use { +  under ORS chapter 279B + } may
give preference to procuring
  { - an agricultural product that is - }  { +  goods that are
fabricated or processed, or services that are + }   { - produced
and transported - }  { +  performed, + } entirely within this
state if the   { - agricultural product costs - }  { +  goods or
services cost + } not more than 10 percent more than
  { - an agricultural product that is - }  { +  goods that are
not fabricated or processed, or services that are + } not
 { - produced and transported - }  { +  performed, + } entirely
within this state. { +  If more than one bidder or proposer
qualifies for the preference described in this subsection, the
contracting agency may give a further preference to a qualifying
bidder or proposer that resides in or is headquartered in this
state.
  (b) + } The contracting agency { +  by order + } may set a
higher percentage   { - by order - }  { +  than the percentage
set forth in paragraph (a) of this subsection + } if the
contracting agency, in a written determination to support the
order, finds good cause to set the higher percentage and explains
the contracting agency's reasons and evidence for the finding.
   { +  (3) Notwithstanding ORS 279C.320 (1), subsection (2) of
this section does not apply to emergency work, minor alterations,
ordinary repairs or maintenance work for public improvements or
to other construction contracts described in ORS 279C.320
(1). + }
  SECTION 2.  { + (1) The amendments to ORS 279A.128 by section 1
of this 2011 Act become operative January 1, 2012.
  (2) Before January 1, 2012, the Attorney General, the Oregon
Department of Administrative Services and a contracting agency
that adopts rules under ORS 279A.065 may adopt rules that are
necessary to enable the Attorney General, the department and the
contracting agency to exercise, on and after January 1, 2012, all
the duties, powers and functions conferred on the Attorney
General, the department and the contracting agency by the
amendments to ORS 279A.128 by section 1 of this 2011 Act. + }
  SECTION 3.  { + The amendments to ORS 279A.128 by section 1 of
this 2011 Act apply to contracts that a contracting agency first
advertises or otherwise solicits or, if the contracting agency
does not advertise or solicit the contract, to contracts that the
contracting agency enters into on or after the operative date
specified in section 2 of this 2011 Act. + }
  SECTION 4.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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