(2)(a) Notwithstanding provisions of law requiring a contracting agency to award a contract to the lowest responsible bidder or best proposer or provider of a quotation, a contracting agency that uses public funds to procure goods or services for a public use under ORS chapter 279B may give preference to procuring goods that are fabricated or processed, or services that are performed, entirely within this state if the goods or services cost not more than 10 percent more than goods that are not fabricated or processed, or services that are not performed, entirely within this state. If more than one bidder or proposer qualifies for the preference described in this subsection, the contracting agency may give a further preference to a qualifying bidder or proposer that resides in or is headquartered in this state.
(b) The contracting agency by order may set a higher percentage than the percentage set forth in paragraph (a) of this subsection if the contracting agency, in a written determination to support the order, finds good cause to set the higher percentage and explains the contracting agency’s reasons and evidence for the finding.
(3) Notwithstanding ORS 279C.320 (1), subsection (2) of this section does not apply to emergency work, minor alterations, ordinary repairs or maintenance work for public improvements or to other construction contracts described in ORS 279C.320 (1). [2009 c.214 §2; 2011 c.237 §1]
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.