75th OREGON LEGISLATIVE ASSEMBLY–2009 Regular Session
House Bill 2037
Ordered printed by the Speaker pursuant to House Rule 12.00A (5). Presession filed (at the request of House Interim
Committee on Government Accountability and Information Technology)
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 and local contracting agencies to
maintain records concerning certain public contracts and to submit reports concerning that information
to Governor and Legislative Assembly.
Provides that records that agencies maintain are public records, but requires agencies to redact
information other than individual¢s name that could identify individual before disclosing records.
Requires agencies to make records available electronically by means of Internet.
75th OREGON LEGISLATIVE ASSEMBLY–2009 Regular Session
House Bill 2037
Ordered printed by the Speaker pursuant to House Rule 12.00A (5). Presession filed (at the request of House Interim
Committee on Government Accountability and Information Technology)
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 and local contracting agencies to
maintain records concerning certain public contracts and to submit reports concerning that information
to Governor and Legislative Assembly.
Provides that records that agencies maintain are public records, but requires agencies to redact
information other than individual¢s name that could identify individual before disclosing records.
Requires agencies to make records available electronically by means of Internet.
A BILL FOR AN ACT
Relating to disclosures concerning public contracts.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Sections 2 and 3 of this 2009 Act are added to and made a part of the Public
Contracting Code.
SECTION 2. (1) As used in this section, “consulting services” means work that a person
other than a regular employee of a state contracting agency or local contracting agency does
for or on behalf of the agency in return for compensation provided under the terms of a
public contract. The work may include, but is not limited to:
(a) Performing or providing research, analysis, assessments, data processing or computer
programming, training or education, accounting, audits or evaluations, treatment or security;
(b) Giving professional advice or recommendations;
(c) Designing business or communications processes, procedures, methods or strategies;
or
(d) Other work related to the functions of the state contracting agency or local contracting
agency.
(2) The Oregon Department of Administrative Services shall maintain records related to
the consulting services that contracting state agencies procure by means of public contracts.
A local contracting agency shall maintain records related to the consulting services that the
local contracting agency procures by means of a public contract. The records must include,
at a minimum, the following information:
(a) For each public contract for consulting services that the agency awarded in the previous
fiscal year:
(A) The procedure the agency used to solicit and award the contract. The record should
note whether the procedure involved competitive bidding or competitive proposals and summarize
the extent to which the procedure sought to and succeeded in soliciting bids or proposals
from minorities, women or emerging small businesses.
(B) The total number of bids or proposals the agency received in connection with the
contract.
(C) The contract identification number, the contract term and the award date.
(D) The contract price, if known, or the estimated total dollar value.
(E) The nature of the consulting service.
(F) The name, address, employer and employment category or job description of each
person that provided consulting services under the contract, including subcontractors.
(G) The number of hours each person, including each subcontractor, worked in providing
consulting services to the agency under the terms of the contract.
(H) The total compensation each person, including each subcontractor, received under
the contract for providing consulting services to the agency.
(I) A summary of each amendment to the contract that changed the contract term, the
contract price or estimated total value, the nature of the consulting services or the identity
of a person providing consulting services under the contract, including the identity of subcontractors.
(b) For the aggregated total of public contracts for consulting services that the agency
entered into in the previous fiscal year:
(A) The total number of such contracts that the agency awarded.
(B) The total number of persons, including subcontractors, that provided consulting services
to the agency.
(C) The total number of minorities, women or emerging small businesses that provided
consulting services to the agency.
(D) The total number of public contracts for consulting services that the agency awarded
to each person that provided consulting services to the agency, including each subcontractor.
(E) The total compensation the agency paid to each person, including subcontractors,
that provided consulting services to the agency under all contracts the agency awarded to
the person.
(3) Not later than 180 days after the end of each fiscal year, the Oregon Department of
Administrative Services and each local contracting agency shall submit to the Governor and
the Legislative Assembly a report that summarizes the information in the records described
in subsection (2) of this section. The department shall summarize the information for each
state contracting agency.
(4) The reports required under subsection (3) of this section are public records under
ORS 192.410 to 192.505. Before disclosing a report in which an individual is identified, an
agency or a state official shall redact information, other than the individual¢s name, that
could identify the individual, including information such as an address or Social Security
number. The department and each local contracting agency shall make the information described
in subsection (3) of this section available in a searchable database that is accessible
to the public by means of the Internet, provided that the database may not include any personally
identifiable information for any individual other than the individual¢s name.
(5) A state contracting agency or local contracting agency shall require all contractors,
including subcontractors, that provide consulting services to the agency to submit an annual
report to the agency that includes:
(a) The employment classifications set forth under the terms of each public contract for
consulting services that a contractor or subcontractor has with the agency, together with
the number of the contractor¢s or subcontractor¢s employees who belong to each classification;
(b) The number of hours each employee worked in providing consulting services under
the contract; and
(c) The total compensation under the contract for each of the contractor¢s or subcontractor
¢s employees who provide consulting services to the agency and the total compensation
under the contract for all of the contractor¢s or subcontractor¢s employees who
provide consulting services to the agency.
(6) The reports described in subsection (5) of this section are public records under ORS
192.410 to 192.505. The state contracting agency or local contracting agency must make the
reports available for public inspection and copying, but before disclosing a report in which
an individual is identified, an agency or a state official shall redact information, other than
the individual¢s name, that could identify the individual, including information such as an
address or Social Security number.
SECTION 3. (1) The Oregon Department of Administrative Services shall maintain records
of state contracting agencies¢ active contracts for procuring goods and services that
have a contract price that exceeds $50,000. A local contracting agency shall maintain records
of the local contracting agency¢s active contracts for procuring goods and services that have
a contract price that exceeds $50,000. The records the department or the local contracting
agency maintains must include information sufficient and detailed enough to produce the
report described in subsection (2) of this section.
(2) Not later than 180 days after the end of each fiscal year, the department and each
local contracting agency shall submit to the Governor and the Legislative Assembly a report
that includes the following information regarding contracts described in subsection (1) of this
section:
(a) A table that lists individual contracts awarded during the previous fiscal year, including
contracts awarded as part of a cooperative procurement. The department¢s report
must identify the state contracting agency that awarded the contract. The table prepared
by the department or by a local contracting agency must include:
(A) The name of the contractor;
(B) The contract price or estimated dollar value of the contract;
(C) The total amount the state contracting agency or the local contracting agency actually
paid under the terms of the contract in the previous fiscal year and over the life of the
contract up until the date on which the agency prepared the report;
(D) Codes that identify the category to which the agency assigned the contract, along
with an explanation of the categories in a legend that accompanies the table; and
(E) The source selection method the agency used to solicit and award the contract, including
whether the agency awarded the contract on the basis of a sole source, emergency,
special or otherwise negotiated procurement and whether the agency chose the contractor
on the basis of the lowest bid or the best value.
(b) Tables that list the contracts the agency has awarded in the previous fiscal year by
frequency of the award to a particular contractor, by the number of bids the contract solicitation
attracted and by the source selection method the agency used in awarding the contract.
(c) A table that lists the contracts that the contracting state agency or local contracting
agency solicited but did not award. Each listing must show the reason for the decision not
to award, the source selection method used in the solicitation, the number of protests in
connection with the solicitation and the outcome of the protest process. The department¢s
table must collate the list by state contracting agency.
(d) Tables or narratives that summarize the following information:
(A) The total number of contracts that the local contracting agency or each state contracting
agency awarded in the previous fiscal year, along with the total expenditures for all
such contracts up until the date on which the agency produced the report. The table or
narrative must collate or arrange the contracts and expenditures by major contract categories
including, but not limited to:
(i) Consulting;
(ii) Construction;
(iii) Equipment;
(iv) Grants;
(v) Leases;
(vi) Miscellaneous services;
(vii) Printing;
(viii) Repayment agreements;
(ix) Intergovernmental agreements; and
(x) Goods.
(B) A comparison of the number of contracts the agency solicited and awarded independently
to the number of contracts the agency solicited and awarded in connection with
a cooperative procurement process. The table or narrative must also show the sum of the
contract prices or estimated dollar values of the contracts solicited and awarded independently,
together with the sum of the agency¢s expenditures for the contracts up until the date
on which the agency produced the report, compared to the corresponding sums for contracts
solicited and awarded in connection with cooperative procurements.
(3) The report described in subsection (2) of this section is a public record under ORS
192.410 to 192.505. The Oregon Department of Administrative Services or the local contracting
agency must make the report available for public inspection and copying, but before disclosing
a report in which an individual is identified, an agency or a state official shall redact
information, other than the individual¢s name, that could identify the individual, including
information such as an address or Social Security number. The department and each local
contracting agency shall make the report available in a searchable database that is accessible
to the public by means of the Internet, provided that the database may not include any personally
identifiable information for any individual other than the individual¢s name.