Bill Text: OR HB3159 | 2011 | Regular Session | Introduced

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

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3159 Detail]

Download: Oregon-2011-HB3159-Introduced.html

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     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 3341

                         House Bill 3159

Sponsored by Representatives CANNON, ESQUIVEL; Representative
  SCHAUFLER

                             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.

  Permits contracting agency that uses public funds to procure
goods or services under Public Contracting Code to give
preference to bidder or proposer that is headquartered or owned
locally, will obtain equipment, material and supplies locally or
will employ workers locally. Permits contracting agency to give
preference if difference in price between bid or proposal that is
eligible for preference and bid or proposal that would not be
eligible for preference is not more than five percent.
  Becomes operative on January 1, 2012.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to public contracting; 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) As used in this section, 'locally' means in
the county in which the work described in an invitation to bid or
a request for proposals will be performed or in an adjacent
county.
  (2) A bidder or proposer that submits a bid or proposal for a
public contract shall submit with the bid or proposal a personnel
deployment disclosure and a supply source disclosure. The
disclosures must state:
  (a) The number of workers that the bidder or proposer and the
bidder's or proposer's first-tier subcontractors plan to deploy
to perform the work described in the invitation to bid or the
request for proposals;
  (b) The minimum number of workers that the bidder or proposer
and the bidder's or proposer's first-tier subcontractors will
employ locally and elsewhere within this state;
  (c) Whether the bidder or proposer is headquartered or owned
locally;
  (d) The sources that the bidder or proposer and the bidder's or
proposer's first-tier subcontractors intend to use for equipment,
material and supplies; and
  (e) Whether the sources that the bidder or proposer intends to
use for equipment, material and supplies are headquartered or
owned locally.

  (3)(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 under
the Public Contracting Code may give preference to a bidder or
proposer that in a personnel deployment disclosure and a supply
source disclosure indicates that the bidder or proposer is
headquartered or owned locally, will obtain equipment, material
and supplies locally or will employ workers locally.
  (b) The contracting agency may give the preference described in
paragraph (a) of this subsection to a bidder or proposer that is
otherwise responsible, has submitted a responsive bid or proposal
and meets the qualifications described in paragraph (a) of this
subsection if the difference in price between the bid or proposal
that is eligible for the preference and a bid or proposal that
would not be eligible for the preference is not more than five
percent. + }
  SECTION 3.  { + Section 2 of this 2011 Act applies to a
contract that a contracting agency first advertises or otherwise
solicits on or after the operative date set forth in section 4 of
this 2011 Act or, if the contracting agency does not advertise or
solicit the contract, to a contract that the contracting agency
enters into on or after the operative date set forth 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. + }
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