(a) "Nonresident bidder" means a bidder who is not a resident bidder.
(b) "Resident bidder" means a bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid, has a business address in this state and has stated in the bid whether the bidder is a "resident bidder" under this paragraph.
(2) For the purposes of awarding a public contract, a contracting agency shall:
(a) Give preference to goods or services that have been manufactured or produced in this state if price, fitness, availability and quality are otherwise equal; and
(b) Add a percent increase to the bid of a nonresident bidder equal to the percent, if any, of the preference given to the bidder in the state in which the bidder resides.
(3) When a public contract is awarded to a nonresident bidder and the contract price exceeds $10,000, the bidder shall promptly report to the Department of Revenue on forms to be provided by the department the total contract price, terms of payment, length of contract and such other information as the department may require before the bidder may receive final payment on the public contract. The contracting agency shall satisfy itself that the requirement of this subsection has been complied with before the contracting agency issues a final payment on a public contract.
(4) The Oregon Department of Administrative Services on or before January 1 of each year shall publish a list of states that give preference to in-state bidders with the percent increase applied in each state. A contracting agency may rely on the names of states and percentages so published in determining the lowest responsible bidder without incurring any liability to any bidder. [2003 c.794 ยง16]
Structure 2021 Oregon Revised Statutes
Volume : 07 - Public Facilities and Finance
Chapter 279A - Public Contracting - General Provisions
Section 279A.010 - Definitions for Public Contracting Code.
Section 279A.020 - Organization of Public Contracting Code.
Section 279A.025 - Application of Public Contracting Code.
Section 279A.050 - Procurement authority.
Section 279A.055 - Personal services contracts.
Section 279A.065 - Model rules generally; applicability to contracting agencies.
Section 279A.075 - Delegation.
Section 279A.100 - Affirmative action; limited competition permitted.
Section 279A.110 - Discrimination in subcontracting prohibited; remedies.
Section 279A.120 - Preference for Oregon goods and services; nonresident bidders.
Section 279A.125 - Preference for recycled materials.
Section 279A.130 - Preference for exceeding Buy America requirements for transit projects; rules.
Section 279A.140 - State procurement of goods and services; rules.
Section 279A.150 - Procurement of goods containing recycled polyethylene material.
Section 279A.165 - Report concerning special procurements; requirement to maintain records.
Section 279A.167 - Certification program for training in pay equity provisions of state law; rules.
Section 279A.180 - Purchases through federal programs.
Section 279A.190 - Transfers of fire protection equipment between fire departments.
Section 279A.200 - Definitions for ORS 279A.200 to 279A.225.
Section 279A.205 - Cooperative procurements authorized.
Section 279A.210 - Joint cooperative procurements.
Section 279A.215 - Permissive cooperative procurements.
Section 279A.220 - Interstate cooperative procurements.
Section 279A.225 - Protests and disputes.
Section 279A.250 - Definitions for ORS 279A.250 to 279A.290.
Section 279A.255 - Inspection, appraisal and inventory of state property; reports by state agencies.
Section 279A.260 - Powers and duties of department; acquisitions by qualified donees; rules.
Section 279A.280 - Disposal of surplus property; costs of disposal.