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If you're a citizen of Oregon

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sactoking

sactoking

Diamond Member
Rule Caption: Emergency Procurements and Contracts.


Adm. Order No.: DAS 5-2009(Temp)
Filed with Sec. of State: 2-13-2009
Certified to be Effective: 2-13-09 thru 8-12-09
Notice Publication Date:
Rules Amended: 125-247-0280, 125-249-0150
Subject: The Department of Administrative services (the Department) needs
Temporary Rules to quickly revise OAR 125-247-0280 for Emergency Procurements
and OAR 125-249-0150 for Emergency Contracts (Rules) under the 2009 "Go
Oregon!" Economic Stimulus Package Enrolled Senate Bill 338, House Bill 5562
and related economic stimulus measures (Program). In response to the adverse
economic circumstances, the Legislature enacted the Program to allow for the
emergency procurement of most projects under ORS 279B.080 and the Rules. The
existing Rules present obstacles to the Program's quick implementation. The
Temporary Rules remove the obstacles and help agencies employ various
procurement methods.
Rules Coordinator: Yvonne Hanna--(503) 378-2349, ext. 325
Click to expand...

(a) Program. The 2009 "Go Oregon!" Economic Stimulus Package, Enrolled
Senate Bill 338, House Bill 5562 and related legislative measures (Program),
provides funding and direction to identified Authorized Agencies for deferred
maintenance, capital construction, capital renewal, code compliance, safety,
renovation, and other construction projects (Projects). The Program's objective
is to stimulate Oregon's economy through job growth by providing opportunities
to local businesses and certified minority, women and emerging small
businesses. The Director of the Department has made a determination of
emergency circumstances and documented the nature of the Emergency under the
Program (Emergency Determination). Most of the Projects are not Public
Improvements as defined in OAR 125-246-0110(127). ORS 279C.320 provides that
279B.080 regulates these Projects.
Click to expand...

(d) Authorization. The Designated Procurement Officer, or designee, of the
Authorized Agency must authorize Procurements under the Program and may
determine whether to excuse the requirement of furnishing a good and sufficient
performance bond or payment bond.
Click to expand...

I know like 105% of you won't care, but I find this very amusing.

Oregon has declared a general "State of Emergency" as it pertains to the stimulus money. This allows them to skip the competitive bidding process and hand contracts to whomever they like. Do ya think there's gonna be some unethical behavior going on?

This also allows the State to waive their "Little Miller Act" requiring payment and performance bonds on publicly funded jobs.

There's absolutely nothing stopping a company from getting a multimillion dollar contract without bidding, doing no work, declaring bankruptcy, and stealing Oregon's (and the general public by way of the Fed) stimulus money.

Way to go, Oregon.
 
Originally posted by: sactoking
There's absolutely nothing stopping a company from getting a multimillion dollar contract without bidding, doing no work, declaring bankruptcy, and stealing Oregon's (and the general public by way of the Fed) stimulus money.
Click to expand...

:Q
 
Originally posted by: sactoking
Rule Caption: Emergency Procurements and Contracts.


Adm. Order No.: DAS 5-2009(Temp)
Filed with Sec. of State: 2-13-2009
Certified to be Effective: 2-13-09 thru 8-12-09
Notice Publication Date:
Rules Amended: 125-247-0280, 125-249-0150
Subject: The Department of Administrative services (the Department) needs
Temporary Rules to quickly revise OAR 125-247-0280 for Emergency Procurements
and OAR 125-249-0150 for Emergency Contracts (Rules) under the 2009 "Go
Oregon!" Economic Stimulus Package Enrolled Senate Bill 338, House Bill 5562
and related economic stimulus measures (Program). In response to the adverse
economic circumstances, the Legislature enacted the Program to allow for the
emergency procurement of most projects under ORS 279B.080 and the Rules. The
existing Rules present obstacles to the Program's quick implementation. The
Temporary Rules remove the obstacles and help agencies employ various
procurement methods.
Rules Coordinator: Yvonne Hanna--(503) 378-2349, ext. 325
Click to expand...

(a) Program. The 2009 "Go Oregon!" Economic Stimulus Package, Enrolled
Senate Bill 338, House Bill 5562 and related legislative measures (Program),
provides funding and direction to identified Authorized Agencies for deferred
maintenance, capital construction, capital renewal, code compliance, safety,
renovation, and other construction projects (Projects). The Program's objective
is to stimulate Oregon's economy through job growth by providing opportunities
to local businesses and certified minority, women and emerging small
businesses. The Director of the Department has made a determination of
emergency circumstances and documented the nature of the Emergency under the
Program (Emergency Determination). Most of the Projects are not Public
Improvements as defined in OAR 125-246-0110(127). ORS 279C.320 provides that
279B.080 regulates these Projects.
Click to expand...

(d) Authorization. The Designated Procurement Officer, or designee, of the
Authorized Agency must authorize Procurements under the Program and may
determine whether to excuse the requirement of furnishing a good and sufficient
performance bond or payment bond.
Click to expand...

I know like 105% of you won't care, but I find this very amusing.

Oregon has declared a general "State of Emergency" as it pertains to the stimulus money. This allows them to skip the competitive bidding process and hand contracts to whomever they like. Do ya think there's gonna be some unethical behavior going on?

This also allows the State to waive their "Little Miller Act" requiring payment and performance bonds on publicly funded jobs.

There's absolutely nothing stopping a company from getting a multimillion dollar contract without bidding, doing no work, declaring bankruptcy, and stealing Oregon's (and the general public by way of the Fed) stimulus money.

Way to go, Oregon.
Click to expand...

You think this was not part of the plan all along?

This is the firesale of the Americas my friends. Stimulus... LAWL!
 
Okay sooo.....can't Oregonians fight this? Stop it in some way? Can the feds jump in and change course?
 
Originally posted by: scorpious
Okay sooo.....can't Oregonians fight this? Stop it in some way? Can the feds jump in and change course?
Click to expand...

My guess (since I'm not an Oregonian) is that you'd have to get them to vote on a measure to overturn the one they just passed. Like THAT's realistically going to happen.

On the Fed side, I'm under the impression there's nothing they can do. The Miller Act would require bonds and the FAR would require competitive bidding IF this was federal money, but I believe the stimulus was intentionally worded so that the money becomes the property of the state. That's what allows each state to use it for unnamed construction projects. The Fed is mandating other things about the money, but not the construction potion.
 
OK, that's it... someone needs to make an educational game showing how to get the hell out of that place and back to St. Louis.
 
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