ORS 279A.120
Preference for Oregon goods and services

  • nonresident bidders

(1)

As used in this section:

(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 §16]

Source: Section 279A.120 — Preference for Oregon goods and services; nonresident bidders, https://www.­oregonlegislature.­gov/bills_laws/ors/ors279A.­html.

279A.005
Short title
279A.010
Definitions for Public Contracting Code
279A.015
Policy
279A.020
Organization of Public Contracting Code
279A.025
Application of Public Contracting Code
279A.030
Federal law prevails in case of conflict
279A.050
Procurement authority
279A.055
Personal services contracts
279A.060
Local contract review boards
279A.065
Model rules generally
279A.070
Rules
279A.075
Delegation
279A.100
Affirmative action
279A.105
Subcontracting to emerging small businesses or businesses that service-disabled veterans own
279A.107
Certification as disadvantaged business enterprise, minority-owned business, woman-owned business, business that service-disabled veteran owns or emerging small business during term of public contract
279A.110
Discrimination in subcontracting prohibited
279A.112
Requirement to certify that contractor has policy and practice of preventing sexual harassment, sexual assault and discrimination against employees who are members of protected class
279A.120
Preference for Oregon goods and services
279A.125
Preference for recycled materials
279A.128
Preference for goods fabricated or processed within state or services performed within state
279A.130
Preference for exceeding Buy America requirements for transit projects
279A.140
State procurement of goods and services
279A.142
Limitation of competition
279A.145
Recycled product purchasing information
279A.150
Procurement of goods containing recycled polyethylene material
279A.155
State procurement of paper
279A.157
State contracting agency use of contract form, contract template or solicitation template
279A.159
Education and training or experience requirements for persons that conduct procurements or administer contracts for state contracting agencies
279A.161
Review and verification of advice and recommendations concerning procurements
279A.165
Report concerning special procurements
279A.167
Certification program for training in pay equity provisions of state law
279A.180
Purchases through federal programs
279A.185
Local contracting agency arrangements for use or disposition of personal property authorized
279A.190
Transfers of fire protection equipment between fire departments
279A.200
Definitions for ORS 279A.200 to 279A.225
279A.205
Cooperative procurements authorized
279A.210
Joint cooperative procurements
279A.215
Permissive cooperative procurements
279A.220
Interstate cooperative procurements
279A.225
Protests and disputes
279A.250
Definitions for ORS 279A.250 to 279A.290
279A.255
Inspection, appraisal and inventory of state property
279A.260
Powers and duties of department
279A.265
Use of Oregon Department of Administrative Services Operating Fund
279A.270
Contracts with federal government for accepting gifts and acquiring surplus property
279A.275
Leasing of state property
279A.280
Disposal of surplus property
279A.285
Disposition of moneys received as payment for repair or replacement of damaged, destroyed, lost or stolen property
279A.290
Miscellaneous receipts accounts
279A.800
Consideration of whether bidder or proposer owes liquidated and delinquent debt to state
279A.803
Requirements for qualified projects funded with moneys from American Rescue Plan Act of 2021
279A.990
Penalties
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