Bill Text: OR SB219 | 2013 | Regular Session | Introduced

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Bill Title: Relating to capping costs for required preliminary steps before conducting public procurements; declaring an emergency.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB219 Detail]

Download: Oregon-2013-SB219-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 2433

                         Senate Bill 219

Sponsored by Senator THOMSEN (at the request of Paul Koch)
  (Presession filed.)

                             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.

  Provides that contracting agency may not spend more than five
percent of estimated contract price for procurement for services
on conducting cost analysis as to whether contracting agency
would incur less cost in conducting procurement than in
performing services with contracting agency's own personnel or in
making determination of whether performing services with
contracting agency's own personnel is feasible.
  Becomes operative January 1, 2014.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to capping costs for required preliminary steps before
  conducting public procurements; creating new provisions;
  amending ORS 279B.030; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 279B.030 is amended to read:
  279B.030. (1) { + (a) + } Except as provided in ORS 279B.036,
before conducting a procurement for services with an estimated
contract price that exceeds $250,000, a contracting agency shall:
    { - (a) - }  { +  (A) + } Demonstrate, by means of a written
cost analysis in accordance with ORS 279B.033, that the
contracting agency would incur less cost in conducting the
procurement than in performing the services with the contracting
agency's own personnel and resources; or
    { - (b) - }  { +  (B) + }   { - Demonstrate - }  { +
Determine + }, in accordance with ORS 279B.036, that performing
the services with the contracting agency's own personnel and
resources is not feasible.
   { +  (b) A contracting agency may not spend more than five
percent of the estimated contract price of a procurement on
conducting the cost analysis under ORS 279B.033 or making a
determination of feasibility under ORS 279B.036. + }
  (2) If a local contracting agency authorizes a department,
bureau, office or other subdivision of the local contracting
agency to conduct a procurement on behalf of another department,
bureau, office or subdivision of the local contracting agency,
the department, bureau, office or subdivision on whose behalf the
procurement is conducted shall comply with the requirement set
forth in subsection (1) of this section.
  (3) Subsection (1) of this section does not apply to:
  (a) A local contracting agency or a local contract review board
for a city that has a population of not more than 15,000 or a
county that has a population of not more than 30,000;
  (b) A community college that enrolls not more than 1,000
full-time equivalent students, as defined in ORS 341.005;
  (c) A special district, as defined in ORS 198.010, a diking
district formed under ORS chapter 551 and a soil and water
conservation district organized under ORS 568.210 to 568.808;
  (d) The Port of Portland; or
  (e) Procurements for client services,   { - as defined in OAR
125-246-0110 - }  { +  the definition and scope of which the
Oregon Department of Administrative Services specifies by
rule + }.
  SECTION 2.  { + The amendments to ORS 279B.030 by section 1 of
this 2013 Act apply to public contracts that a contracting agency
first advertises or otherwise solicits or, if the contracting
agency does not advertise or otherwise solicit the public
contract, to a public contract into which a contracting agency
first enters into on or after the operative date specified in
section 3 of this 2013 Act. + }
  SECTION 3.  { + (1) The amendments to ORS 279B.030 by section 1
of this 2013 Act become operative on January 1, 2014.
  (2) The Director of the Oregon Department of Administrative
Services, the Director of Transportation, 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 279B.030 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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