Or. Admin. R. 177-038-0200 - Identical Bids; Preference for Oregon Goods and Services

(1) Award When Bids are Identical: If the Lottery receives Bids that the Lottery determines are identical in Price ("Identical Bids"), and chooses to issue an Award, the Lottery will issue the Award based on the following order of precedence:

(a) Oregon Bidder: The Lottery will issue an Award to the Bidder offering Goods manufactured in Oregon or whose main corporate office or primary business location is in Oregon. If the Lottery receives Identical Bids from more than one Bidder offering Goods manufactured in Oregon or whose main corporate office or primary business location is in Oregon, the Lottery will issue an Award by drawing lots from among those Bidders offering Goods manufactured in Oregon or whose main corporate office or primary business location is in Oregon that submitted the Identical Bids.

(b) COBID Certified Bidders: The Lottery will issue an Award to a Certification Office for Business Inclusion and Diversity (COBID) certified Minority, Women, Emerging Small Business (MWESB) or service disabled veteran owned business. If multiple COBID certified Bidders exist, the Lottery will issue an Award by drawing lots from among those COBID certified Bidders who submitted the identical Bids.

(c) No Applicable Preferences: If the Lottery receives Identical Bids, and none of the Identical Bids include Goods manufactured in Oregon or a Bidder with a main corporate office or primary business location in Oregon, and none of the Bidders are COBID certified Bidders, then the Lottery will issue an Award by drawing lots from among Bidders that submitted the Identical Bids.

(2) Procedure for Drawing Lots: When these Division 38 rules require the drawing of lots, the Lottery will provide notice of the date, time, and location of the drawing of lots to Bidders who submitted Identical Bids. These Bidders may attend the drawing. The Lottery will draw lots by a procedure that affords each Bidder subject to the drawing a substantially equal probability of selection and that does not allow the person making the selection the opportunity to manipulate the drawing to increase the probability of selecting one Bidder over any other Bidder.

Notes

Or. Admin. R. 177-038-0200

LOTT 8-2018, adopt filed 09/28/2018, effective 10/1/2018

Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, §4(4)

Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440