Bill Text: OR HB3556 | 2011 | Regular Session | Introduced
Bill Title: Relating to actions for violation of the Public Contracting Code; declaring an emergency.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3556 Detail]
Download: Oregon-2011-HB3556-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 3770
House Bill 3556
Sponsored by Representative SCHAUFLER (at the request of Oregon
State Building and Construction Trades Council)
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 assignee of person that submitted bid or proposal for,
but did not obtain, certain public contracts to commence action
against successful bidder or proposer if assignee can prove
certain violations of Public Contracting Code by preponderance of
evidence.
Becomes operative 91 days after effective date of Act.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to actions for violation of the Public Contracting Code;
creating new provisions; amending ORS 279C.465; and declaring
an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 279C.465 is amended to read:
279C.465. (1) { - Any person that loses a competitive bid or
proposal for a contract involving the construction, repair,
remodeling, alteration, conversion, modernization, improvement,
rehabilitation, replacement or renovation of a building or
structure - } { + If a person submits a competitive bid or
proposal for, but does not obtain, a public contract to
construct, repair, remodel, alter, convert, modernize, improve,
rehabilitate, replace or renovate a building or structure, the
person or an assignee of the person + } may bring an action for
damages against another person who { - is - } { + was + }
awarded the { + public + } contract { - for which the bid or
proposal was made - } if the person { - making the losing bid
or proposal - } { + or the person's assignee + } can establish
that the other person knowingly violated ORS 279C.840, 656.017,
657.505, 701.021 or 701.026 while performing the work under
the { + public + } contract { - , - } or knowingly failed to
pay to the Department of Revenue { - all - } sums withheld
from employees under ORS 316.167.
(2) A person { - bringing - } { + that brings + } an action
under this section must establish a violation of ORS 279C.840,
316.167, 656.017, 657.505, 701.021 or 701.026 by a preponderance
of the evidence.
(3) { - Upon - } { + After + } establishing that the
violation occurred, the person { + or the person's assignee + }
shall recover, as liquidated damages, 10 percent of the total
amount of the contract or $5,000, whichever is greater.
(4) In { - any - } { + an + } action under this section,
the prevailing party is entitled to an award of reasonable
attorney fees.
(5) { + The person or the person's assignee must commence
+ }an action under this section { - must be commenced - }
within two years
{ - of - } { + after + } the substantial completion of the
construction, repair, remodeling, alteration, conversion,
modernization, improvement, rehabilitation, replacement or
renovation. For the purposes of this subsection, 'substantial
completion' has the meaning given that term in ORS 12.135.
(6) A person may not recover any amounts under this section if
the defendant in the action establishes by a preponderance of the
evidence that the { - plaintiff - } { + person who did not
obtain the public contract + }:
(a) Was in violation of ORS 701.021 or 701.026 at the time
{ - of making the - } { + the person submitted a + }bid or
proposal { - on - } { + for + } the contract;
(b) Was in violation of ORS 316.167, 656.017 or 657.505 with
respect to { - any employees of the plaintiff as of - } { +
the person's employees at + } the time { - of making - } { +
the person submitted + } the bid or proposal { - on - } { +
for + } the contract; or
(c) Was in violation of ORS 279C.840 with respect to { - any
contract performed by the plaintiff - } { + a contract the
person performed + } within one year before { - making - }
{ + the person submitted + } the bid or proposal { - on - }
{ + for + } the contract at issue in the action.
SECTION 2. { + The amendments to ORS 279C.465 by section 1 of
this 2011 Act apply to a contract that a contracting agency first
advertises or otherwise solicits on or after the operative date
set forth in section 3 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 3 of this 2011 Act. + }
SECTION 3. { + (1) The amendments to ORS 279C.465 by section 1
of this 2011 Act become operative on the 91st day following the
effective date of this 2011 Act.
(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 the amendments to ORS
279C.465 by section 1 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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