Bill Text: OR HB3000 | 2011 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to preferences in public contracting; and declaring an emergency.

Sponsorship: Partisan Bill (Democrat 5)

Status: (Passed) 2011-06-07 - Chapter 237, (2011 Laws): Effective date June 7, 2011. [HB3000 Detail]

Download: Oregon-2011-HB3000-Amended.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

HA to HB 3000

LC 208/HB 3000-3

                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3000

   By COMMITTEE ON GENERAL GOVERNMENT AND CONSUMER PROTECTION

                            April 26

  On page 1 of the printed bill, line 2, after 'ORS' delete the
rest of the line and line 3 and insert '279A.128; and declaring
an emergency.'.
  Delete lines 5 through 27 and delete pages 2 through 7 and
insert:
  '  { +  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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