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Legislators will make more than a dozen changes to Oregon’s public contracting law if they accept the recommendations drafted by an advisory group made up of builders, contractors and other stakeholders.

State Sen. Lee Beyer, D-Eugene, formed the work group after the 2011 Legislature and numerous failed attempts to reform ORS 279. The 25-plus members have been meeting monthly for the past year.

“I suspect they’ll come up with a recommendation in September so we can draft a bill for the next session,” Beyer said. “There is quite a lot of agreement.”

What they’ve agreed on so far is a laundry list of amendments. The law allows government agencies to choose contractors for public works projects without going through a bidding process under certain circumstances. When evaluating those circumstances, the amendments require state officials to consider, among other things:

• The agency’s construction budget and operating costs.
• Any possible public benefit, including public safety.
• The extent to which the cost and duration of the project can be controlled.
• Whether or not the project’s size and complexity warrant choosing a particular contractor.
• Whether or not the project involves new construction or an existing building.

Beyer said these and other changes are designed to make the process more transparent. A formal recommendation has not been approved, but Beyer said a final draft is forthcoming.

The process remains contentious, especially among contractors who feel they are slighted when agencies avoid the bidding process.

“Though I am sure common sense is in short supply in Salem, I’ll bet our legislators can all understand the economics of competition,” said general contractor Robert Gray of Robert Gray and Associates Inc.

“Our government represents the people but seems in this case to be swayed by the big business construction firms and those architects who line their pockets,” he added.

Beyer said aggrieved contractors often oversimplify the issue, adding the current process is an attempt to make public agencies’ actions and motivations more understandable and accountable.