Bill Text: OR SB477 | 2013 | Regular Session | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB477 Detail]

Download: Oregon-2013-SB477-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 2005

                         Senate Bill 477

Sponsored by Senator ROSENBAUM

                             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.

  Requires Oregon Department of Administrative Services to report
to Legislative Assembly information related to state contracting
agency use of personnel deployment disclosures.
  Becomes operative 91 days after effective date of Act.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to public contracting; creating new provisions; amending
  section 6, chapter 53, Oregon Laws 2012; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. Section 6, chapter 53, Oregon Laws 2012, is amended
to read:
   { +  Sec. 6. + } (1) A bidder or proposer that submits a bid
or proposal for a public contract may submit with the bid or
proposal a personnel deployment disclosure. A personnel
deployment disclosure that a bidder or proposer submits under
this section must state:
  (a) The number of workers that the bidder or proposer and the
bidder or proposer's subcontractors plan to deploy to perform the
work described in the invitation to bid or the request for
proposals;
  (b) The number of workers that the bidder or proposer and the
bidder's or proposer's first-tier subcontractors will employ
within this state; and
  (c) The number of jobs in each of the categories described in
paragraphs (a) and (b) of this subsection that would be a newly
created job.
  (2) A state contracting agency that receives a personnel
deployment disclosure from a bidder or proposer under subsection
(1) of this section may consider the personnel deployment
disclosure in evaluating a bid or proposal if the contracting
agency states in the solicitation documents for a procurement
that the state contracting agency will consider a personnel
deployment disclosure. The state contracting agency may give a
preference to a bid or proposal that states that the bidder or
proposer will employ more workers within this state than a
competing bid or proposal if the bids or proposals otherwise suit
the state contracting agency's specifications for the procurement
equally well.

   { +  (3) The Oregon Department of Administrative Services,
before the beginning of each even-numbered year regular
legislative session, shall provide to an appropriate interim
committee of the Legislative Assembly that considers matters
related to public contracting a report that summarizes how state
contracting agencies that are subject to the authority of the
Director of the Oregon Department of Administrative Services
under ORS 279A.050 (2) and (7) use the personnel deployment
disclosures described in subsection (1) of this section. The
report must include:
  (a) The total number of procurements and a description of each
procurement in which a state contracting agency stated in the
solicitation for the procurement that the state contracting
agency would consider a personnel deployment disclosure;
  (b) For each procurement identified in paragraph (a) of this
subsection, the number of bidders or proposers that submitted a
personnel deployment disclosure with a bid or proposal;
  (c) The number of procurements in which a state contracting
agency awarded a public contract on the basis of a preference the
state contracting agency gave to a bidder or proposer that
included a personnel deployment disclosure with a bid or
proposal;
  (d) For each procurement in which a state contracting agency
did not consider a personnel deployment disclosure, a summary of
the reasons that the state contracting agency did not consider a
personnel deployment disclosure; and
  (e) A summary of the reasons why a state contracting agency did
not give a preference in awarding a public contract for each
procurement in which a bidder or proposer submitted a personnel
deployment disclosure with the bid or proposal that indicated
that the bidder or proposer would employ more workers within this
state than would competing bidders or proposers and the bid or
proposal otherwise suited the state contracting agency's
specifications for the procurement equally well.
  (4) A state contracting agency subject to the authority of the
director under ORS 279A.050 (2) and (7) shall maintain records
that enable the state contracting agency to calculate or
otherwise determine and provide to the director the information
described in subsection (3) of this section. + }
    { - (3) - }  { +  (5) + } The director   { - of the Oregon
Department of Administrative Services - } , the Attorney General
and a state contracting agency that adopts rules under ORS
279A.065 may adopt rules to prescribe the form and contents of a
personnel deployment disclosure and otherwise to implement the
provisions of this section.
    { - (4) - }  { +  (6) + } This section does not apply to the
Secretary of State or the State Treasurer.
  SECTION 2.  { + The amendments to section 6, chapter 53, Oregon
Laws 2012, by section 1 of this 2013 Act apply to a procurement
that a state contracting agency first advertises or solicits on
or after January 1, 2013. + }
  SECTION 3.  { + (1) The amendments to section 6, chapter 53,
Oregon Laws 2012, by section 1 of this 2013 Act become operative
91 days after the effective date of this 2013 Act.
  (2) The Director of the Oregon Department of Administrative
Services, the Attorney General or a state 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
state 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 state contracting agency by the
amendments to section 6, chapter 53, Oregon Laws 2012, by section
1 of this 2013 Act. + }

  SECTION 4.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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