Oregon Law
Law as of Jan 1, 2024
Chapter contents
279A.005Short title 279A.010Definitions for Public Contracting Code 279A.015Policy 279A.020Organization of Public Contracting Code 279A.025Application of Public Contracting Code 279A.030Federal law prevails in case of conflict 279A.050Procurement authority 279A.055Personal services contracts 279A.060Local contract review boards 279A.065Model rules generally; applicability to contracting agencies 279A.070Rules 279A.075Delegation 279A.100Affirmative action; limited competition permitted 279A.105Subcontracting to emerging small businesses or veteran-owned businesses 279A.107Certification as disadvantaged business enterprise, minority-owned business, woman-owned business, veteran-owned business or emerging small business during term of public contract; exceptions 279A.110Discrimination in subcontracting prohibited; remedies 279A.112Requirement to certify that contractor has policy and practice of preventing sexual harassment, sexual assault and discrimination against employees who are members of protected class; required elements of certification; exceptions 279A.120Preference for Oregon goods and services; nonresident bidders 279A.125Preference for recycled materials 279A.128Preference for goods fabricated or processed within state or services performed within state 279A.130Preference for exceeding Buy America requirements for transit projects; rules 279A.140State procurement of goods and services; rules 279A.142Limitation of competition 279A.145Recycled product purchasing information 279A.150Procurement of goods containing recycled polyethylene material 279A.155State procurement of paper 279A.157State contracting agency use of contract form, contract template or solicitation template; exceptions and exemptions; rules 279A.159Education and training or experience requirements for persons that conduct procurements or administer contracts for state contracting agencies; deadlines; rules 279A.161Review and verification of advice and recommendations concerning procurements; delegation 279A.165Report concerning special procurements; requirement to maintain records 279A.167Certification program for training in pay equity provisions of state law; rules 279A.180Purchases through federal programs 279A.185Local contracting agency arrangements for use or disposition of personal property authorized 279A.190Transfers of fire protection equipment between fire departments 279A.200Definitions for ORS 279A.200 to 279A.225 279A.205Cooperative procurements authorized 279A.210Joint cooperative procurements 279A.215Permissive cooperative procurements 279A.220Interstate cooperative procurements 279A.225Protests and disputes 279A.250Definitions for ORS 279A.250 to 279A.290 279A.255Inspection, appraisal and inventory of state property; reports by state agencies 279A.260Powers and duties of department; acquisitions by qualified donees; rules 279A.265Use of Oregon Department of Administrative Services Operating Fund; cash dividends 279A.270Contracts with federal government for accepting gifts and acquiring surplus property; bids not required 279A.275Leasing of state property 279A.280Disposal of surplus property; costs of disposal 279A.285Disposition of moneys received as payment for repair or replacement of damaged, destroyed, lost or stolen property 279A.290Miscellaneous receipts accounts 279A.800Consideration of whether bidder or proposer owes liquidated and delinquent debt to state 279A.803Requirements for qualified projects funded with moneys from American Rescue Plan Act of 2021; exceptions 279A.990Penalties

Chapter 279A — Public Contracting - General Provisions

ORS 279A.128 Preference for goods fabricated or processed within state or services performed within state

(1)

As used in this section, “services” means services as defined in ORS 279A.010 (1)(kk) and personal services designated under ORS 279A.055.

(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:

(A)

Procuring goods or services provided by a benefit company that is incorporated, organized, formed or created under ORS 60.754, that submits with a bid or proposal a certificate of existence issued under ORS 60.027 and has the majority of the benefit company’s regular, full-time workforce located in this state at the time the benefit company submits the bid or proposal, if the goods or services cost not more than five percent more than goods or services available from a contractor that is not a benefit company; or

(B)

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.

(b)

If more than one bidder or proposer qualifies for a preference described in paragraph

(a)

of 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.

(c)

The contracting agency by order may set a higher percentage than the percentages 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).

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.