Bill Text: OR HB2966 | 2011 | Regular Session | Introduced

---

Bill Title: Relating to public contracting for services; declaring an emergency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2966 Detail]

Download: Oregon-2011-HB2966-Introduced.html

---

     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 2014

                         House Bill 2966

Sponsored by Representative DEMBROW (at the request of Oregon
  AFL-CIO) (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 as
introduced.

  Prohibits contracting agency from awarding public contract for
services to bidder or proposer that performs services outside
United States. Requires contracting agency to state prohibition
in solicitation documents and to provide in contract that
contractor covenants to perform services within United States.
Provides exceptions.
  Becomes operative January 1, 2012.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to public contracting for services; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2011 Act is added to and made
a part of ORS chapter 279A. + }
  SECTION 2.  { + (1) A contracting agency may not award a public
contract for services to a bidder or proposer that will perform
the services specified in the invitation to bid or request for
proposals at or from a location that is outside the United
States.
  (2) A contracting agency shall state in the invitation to bid
or request for proposals that the contracting agency may not
award a public contract in the circumstances described in
subsection (1) of this section.
  (3) A bidder or proposer for a public contract shall certify in
the bid or proposal that the bidder or proposer will perform the
services specified in the invitation to bid or request for
proposals within the United States.
  (4) A contracting agency shall require as a covenant in each
public contract for services that the contractor must perform the
services specified in the contract within the United States. The
contract shall provide that if the contractor breaches the
covenant, the contracting agency is entitled to all or any one of
the following remedies, as appropriate:
  (a) To obtain liquidated damages in an amount specified in the
contract;
  (b) To obtain specific performance from the contractor; or
  (c) To rescind or to terminate the contract.
  (5) A contracting agency may commence and maintain an action in
a circuit court of this state to seek a remedy for a breach of
the covenant described in subsection (4) of this section. The
court shall award reasonable attorney fees and costs to a
contracting agency that prevails in the action.
  (6) The provisions of subsections (1) to (5) of this section do
not apply if the contracting agency determines that complying
with the provisions of subsections (1) to (4) of this section
would violate:
  (a) A provision of federal law; or
  (b) A provision of an international treaty or trade agreement
to which this state is a party or to which this state has agreed
to be bound. + }
  SECTION 3.  { + Section 2 of this 2011 Act applies to contracts
that a contracting agency first advertises or otherwise solicits
on or after the operative date specified in section 4 of this
2011 Act or, if the contracting agency does not advertise or
solicit the contract, to contracts that the contracting agency
first enters into on or after the operative date specified in
section 4 of this 2011 Act. + }
  SECTION 4.  { + (1) Section 2 of this 2011 Act becomes
operative on January 1, 2012.
  (2) The Director of the Oregon Department of Administrative
Services, the Attorney General or a contracting agency that
adopts rules under ORS 279A.065 may take any action before the
operative date specified in subsection (1) of this section that
is necessary to enable the director, the Attorney General or the
contracting agency to exercise, on and after the operative date
specified in subsection (1) of this section, all of the duties,
functions and powers conferred on the director, the Attorney
General or the contracting agency by section 2 of this 2011
Act. + }
  SECTION 5.  { + 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. + }
                         ----------