Oregon HB 3335: Relating to services provided by qualified nonprofit agency for individuals with disabilities; prescribing an effective date.

Bill Text

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82nd OREGON LEGISLATIVE ASSEMBLY--2023 Regular Session
House Bill 3335
Sponsored by COMMITTEE ON BUSINESS AND LABOR (at the request of League of Oregon Cities)
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.
Permits public agency to establish specifications for cleaning and security services that public
agency procures from qualified nonprofit agency for individuals with disabilities. Allows public
agency to inspect and evaluate cleaning and security services provided and to terminate agreement
with qualified nonprofit agency for individuals with disabilities that provides cleaning or security
services that do not meet public agency’s specifications. Requires public agency to enter into new
agreement with another qualified nonprofit agency for individuals with disabilities unless no quali-
fied nonprofit agency for individuals with disabilities can meet public agency’s specifications. Re-
quires public agency in new agreement to apply same specifications and to inspect and evaluate
provided cleaning and security services using same methods that applied under terminated agree-
ment.
Takes effect on 91st day following adjournment sine die.
A BILL FOR AN ACT
Relating to services provided by qualified nonprofit agency for individuals with disabilities; creating
new provisions; amending ORS 279.850; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 279.850 is amended to read:
279.850. (1)(a) Except as provided in [paragraph (b) of this subsection] subsection (2) of this
section and subject to [paragraph (c) of this subsection] subsection (3) of this section, a public
agency that intends to procure a product or service on the procurement list that the Oregon De-
partment of Administrative Services established under ORS 279.845 shall, in accordance with the
department’s rules, procure the product or service at the price the department establishes from a
qualified nonprofit agency for individuals with disabilities, provided that the product or service is
of the appropriate specifications and is available within the period the public agency requires.
(b) A public agency that under paragraph (a) of this subsection must procure cleaning
services or security services from a qualified nonprofit agency for individuals with disabilities
may:
(A) Establish detailed, commercially reasonable specifications for the cleaning services
or security services;
(B) Inspect and evaluate the quality of the cleaning services or security services that the
qualified nonprofit agency for individuals with disabilities provides; and
(C) Terminate for cause any agreement for cleaning services or security services the
public agency has with the qualified nonprofit agency for individuals with disabilities if the
cleaning services or security services do not meet all of the public agency’s specifications.
The public agency shall give the qualified nonprofit agency for individuals with disabilities
not less than 30 days’ notice of a termination and may provide an opportunity to cure defi-
ciencies in performance.
(c) Except as provided in subsection (2)(a) of this section, a public agency that terminates
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 3935

HB 3335
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a contract with a qualified nonprofit agency for individuals with disabilities under paragraph
(b)(C) of this subsection shall enter into an agreement with another qualified nonprofit
agency for individuals with disabilities to perform the cleaning services or security services
the public agency requires. The public agency shall apply the same specifications and shall
inspect and evaluate the cleaning services or security services the new qualified nonprofit
agency for individuals with disabilities provides using the same standards that applied under
the agreement that the public agency terminated.
(d) Rules the department adopts and the procurement list and prices that the department
establishes under ORS 279.845 and paragraph (a) of this subsection must allow for and take
account of specifications that public agencies establish under paragraph (b) of this sub-
section.
[(b)] (2) A public agency may procure a product or service that is on the procurement list de-
scribed in [paragraph (a) of this] subsection (1)(a) of this section from a person other than a qual-
ified nonprofit agency for individuals with disabilities if:
[(A)] (a) All of the qualified nonprofit agencies for individuals with disabilities on the procure-
me