Bill Text: OR SB254 | 2013 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to requirements for alternative contracting methods; and declaring an emergency.

Spectrum: Committee Bill

Status: (Passed) 2013-07-03 - Effective date, June 26, 2013. [SB254 Detail]

Download: Oregon-2013-SB254-Engrossed.html

     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

HA to A-Eng. SB 254

LC 2270/SB 254-A4

                       HOUSE AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 254


                             June 3

  On page 1 of the printed A-engrossed bill, after line 9,
  ' (1) 'Affiliate' means a person that, directly or indirectly
through one or more intermediaries, controls, is controlled by or
is under common control with another person.'.
  In line 10, delete '(1)' and insert '(2)'.
  In line 13, delete '(2)(a)' and insert '(3)(a)'.
  On page 2, line 6, after 'agency' delete the rest of the line
and lines 7 and 8 and insert 'decides to proceed with
construction, a construction manager/general contractor's:'.
  Delete lines 21 through 32 and insert:
  ' (B) A public improvement contract that results from a
design-build procurement, as defined in rules the Attorney
General or a contracting agency adopts under ORS 279A.065, and
that is exempt from the competitive bidding requirement under ORS
  ' (C) An energy savings performance contract;
  ' (D) A public improvement contract for a transportation
project that:
  ' (i) Is exempt from the competitive bidding requirement under
ORS 279C.335;
  ' (ii) Requires the contractor to construct the project
according to plans and specifications that a design professional
provides under a separate contract with the contracting agency
and without significant participation from the contractor; and
  ' (iii) The contracting agency awards on the basis of the
contracting agency's evaluation of:
  ' (I) The contractor's qualifications, the price to perform the
work on the project and the amount of time the contractor will
take to perform the work; or
  ' (II) The contractor's qualifications, past experience with
similar projects, the price to perform the work on the project
and the contractor's planned approach to the project; or
  ' (E) A public improvement contract that is otherwise exempt or
excepted from the competitive bidding requirement under ORS
  In line 33, delete '(3)' and insert '(4)'.
  On page 3, delete lines 17 through 19 and insert:
  ' (f) Specify terms and conditions that govern how the fixed
price, guaranteed maximum price or other maximum price set forth
in the public improvement contract will be determined and whether
the price includes or is based on unit pricing or allows for work
that is constructed in phases;'.
  In line 23, after 'contract' insert 'and the parties to the
public improvement contract agree in writing to the material
  In line 25, after the semicolon insert 'and'.
  In line 35, delete the semicolon and insert a period.
  Delete lines 36 through 45.
  On page 4, delete lines 29 through 32 and insert:
  ' (e) Describe the conditions under which the construction
manager/general contractor will discuss the qualification and
selection process described in this subsection with a prospective
subcontractor that the construction manager/general contractor
did not select for a subcontract if the construction
manager/general contractor receives a request from the
prospective subcontractor to discuss the process.
  ' (4) As used in this section, 'savings' means a positive
difference between a fixed price, a guaranteed maximum price or
other maximum price set forth in a public improvement contract
and the actual cost of the work, including costs for which a
contracting agency reimburses a construction manager/general
contractor and fees or profits the construction manager/general
contractor earns.'.
  On page 5, delete lines 5 through 13 and insert:
  ' (3)(a) The Attorney General shall adopt model rules that
specify procedures for all contracting agencies to use to procure
construction manager/general contractor services. Before adopting
or amending a rule under this subsection, the Attorney General
shall consult with the Director of the Oregon Department of
Administrative Services, the Director of Transportation, local
contracting agencies, construction contractors, construction
subcontractors and other knowledgeable persons.'.
  On page 6, delete lines 21 through 23.
  On page 7, delete line 34 and insert:
  ' (C) Public benefits that may result from granting the