Oregon Administrative Rules
Chapter 137 - DEPARTMENT OF JUSTICE
Division 46 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING
Section 137-046-0330 - Federally Funded Transit Projects - Preference for Exceeding Federal Buy America Requirements
Universal Citation: OR Admin Rules 137-046-0330
Current through Register Vol. 63, No. 9, September 1, 2024
(1) A contracting agency, in its Solicitation Documents to award a contract for a transit project that will be funded in whole or in part with funds from the federal government or a federal government agency, may provide for the application of a preference in favor of an Offeror whose bid or proposal exceeds the applicable federal Buy America requirements.
(a) A contracting agency has discretion to
adjust the amount or character of the preference to account for variations in
the nature of the contract or project, and the degree to which each Offeror's
bid or proposal exceeds the federal Buy America requirements.
(b) For example, in an invitation to bid
procurement the contracting agency may authorize a range of preference price
percentages to account for the various degrees to which the bidders might
exceed the federal Buy America requirements. In no event, however, may the
percentage preference given to a bidder exceed ten percent of the total bid
price.
(c) Similarly, under a
request for proposals, the contracting agency may allocate and award evaluation
points to reflect the degrees to which the proposers might exceed the
applicable federal Buy America requirements. In no event, however, may those
percentage points exceed ten percent of the total number of points available
for award under the request for proposals.
Stat. Auth.: ORS 279A.065
Stats. Implemented: 2012 OL, ch 58
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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