Bill Text: OR SB844 | 2011 | Regular Session | Introduced

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Bill Title: Relating to using Oregon workers in connection with public contracts; declaring an emergency.

Sponsorship: Committee Bill

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB844 Detail]

Download: Oregon-2011-SB844-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 3851

                         Senate Bill 844

Sponsored by COMMITTEE ON BUSINESS, TRANSPORTATION AND ECONOMIC
  DEVELOPMENT

                             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 bidder or proposer for public contract to make certain
disclosures concerning minimum number of local workers and
workers elsewhere in this state that bidder or proposer and
bidder's or proposer's first-tier subcontractors plan to employ
to perform work described in invitation to bid or request for
proposals. Requires contracting agency to treat bid or proposal
from bidder or proposer that fails to make disclosure as
nonresponsive.
  Becomes operative 91 days after effective date of Act.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to using Oregon workers in connection with public
  contracts; 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 within this state.
  (2) Within two working hours after the date and time at which a
bid or proposal is due to a contracting agency for a public
contract, the bidder or proposer shall disclose to the
contracting agency:
  (a) The minimum number of workers who reside locally and
workers who reside elsewhere in this state that the bidder or
proposer and the bidder's or proposer's first-tier subcontractors
plan to employ to perform the work described in the invitation to
bid or the request for proposals;
  (b) Whether the bidder or proposer is headquartered or owned
locally; and
  (c) 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 whether the sources are headquartered
or owned locally.
  (3) A contracting agency shall consider a bid or proposal from
a bidder or proposer that failed to make the disclosure as
provided in subsection (2) of this section to be nonresponsive
and may not award the public contract to the bidder or proposer.
The contracting agency is not required to verify the accuracy or
completeness of the disclosure.
  (4) The contracting agency shall make the disclosure described
in subsection (2) of this section available for public inspection
after the contracting agency has opened bids or proposals. + }
  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 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 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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