Oregon Revised Statutes
As used in ORS 200.005 to 200.075, 200.110, 200.120, 200.160 to 200.200 and 279A.105: “Contracting agency” has the meaning given that term in ORS 279A.010. “Contractor” means a person that agrees to legally enforceable terms and conditions under which the person performs services or supplies materials in accordance with a contracting agency’s specification…
The Legislative Assembly supports the aspirations of minorities, women and emerging small businesses to enter the mainstream of Oregon social, political and economic life. The Legislative Assembly finds: The opportunity for full participation in our free enterprise system by minorities, women and emerging small businesses is essential; Greater economic op…
The Governor shall appoint a Governor’s Policy Advisor for Economic and Business Equity within the office of the Governor. The Certification Office for Business Inclusion and Diversity is created within the Oregon Business Development Department, and the Director of the Oregon Business Development Department shall appoint the employees of the office. The G…
A state contracting agency shall give timely notice and information to the Governor’s Policy Advisor for Economic and Business Equity if the state contracting agency intends to advertise or solicit bids or proposals for a public contract with a contract price of $10,000 or more and shall notify the policy advisor when the state contracting agency has awarded…
As used in this section, “required participant” means: A disadvantaged business enterprise; A minority-owned business, a woman-owned business or a veteran-owned business; or An emerging small business. If a public contract requires participation from a required participant and a bidder or proposer for the public contract is not a required participant, a …
An enterprise or business may apply to the Certification Office for Business Inclusion and Diversity for certification as: A disadvantaged business enterprise; A minority-owned business; A woman-owned business; A veteran-owned business; or An emerging small business. An enterprise or business shall submit a separate application for each category of cer…
A business may be certified as an emerging small business by the Oregon Business Development Department for up to 12 years and may be: Designated a tier one firm for up to six years unless the business no longer qualifies as a tier one firm. Designated a tier two firm for up to six years unless the business no longer qualifies as a tier two firm. The depa…
A person may not fraudulently obtain or retain, attempt to fraudulently obtain or retain or aid another person in fraudulently obtaining or retaining or attempting to fraudulently obtain or retain certification as a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a veteran-owned business or an emerging small business. A…
An affected contracting agency shall suspend any bidder’s, proposer’s, contractor’s or subcontractor’s right to submit a bid or proposal for, or receive an award of, a public contract in the future if the bidder, proposer, contractor or subcontractor knowingly commits any of the acts listed in this subsection. The affected contracting agency shall suspend th…
RESPONSIBILITY OF CONTRACTING AGENCIES
Contracting agencies shall aggressively pursue a policy of providing opportunities for disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, veteran-owned businesses and emerging small businesses and shall cooperate with the Governor’s Policy Advisor for Economic and Business Equity to determine the best means by which to mak…
MENTOR RELATIONSHIP
The Oregon Business Development Department may recognize a mentor relationship between contractors and disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, veteran-owned businesses and emerging small businesses that are certified under ORS 200.055. In order to qualify for the department’s recognition, the mentor relationship…
The Oregon Business Development Department, in consultation with the Oregon Association of Minority Entrepreneurs, may approve a written development plan as part of a mentor relationship. The development plan must: Clearly set forth the objectives and roles of the parties; Be for a specified length of time; Determine measurable goals that the disadvantage…
EMERGING SMALL BUSINESS ASSISTANCE PROGRAM
The Oregon Transportation Commission shall appoint a committee to recommend plans whereby the Department of Transportation may assist emerging small businesses in overcoming barriers to participation in state public improvement and maintenance projects. The committee shall report biennially its recommendation to the commission and to the appropriate legislat…
Subject to subsection (2) of this section, to participate in the emerging small business program under ORS 200.160 to 200.200, an applicant must: Be certified by the Oregon Business Development Department under ORS 200.005 to 200.075 as an emerging small business; Show that the applicant’s place of business and the work in which the applicant seeks to part…
The Emerging Small Business Account is established within the State Highway Fund. The Emerging Small Business Account is an investment fund for purposes of ORS 293.701 to 293.857. Moneys in the account are continuously appropriated to the Department of Transportation for the purpose of assisting emerging small businesses under the plans recommended under ORS…
The Department of Transportation, when undertaking a public improvement highway construction contract, shall deposit with the State Treasurer an amount equal to not more than one percent of the contract award amount. The State Treasurer shall credit the amount reserved to the Emerging Small Business Account established in the State Highway Fund. The deposit …
When any requirement exists under ORS 279.835 to 279.855 or ORS chapter 279A, 279B or 279C to provide a surety bond or other security for the faithful performance of a public contract, an emerging small business may provide: A surety bond issued by a corporate surety qualified by law to issue surety insurance as defined in ORS 731.186; A stipulation or und…