Or. Admin. Code § 125-246-0314 - Veterans Preference
(1)
Generally. The Public Contracting Code and these Rules may not be construed to
prohibit an Authorized Agency from engaging in public contracting practices
designed to promote affirmative action goals, policies or programs to give a
preference in awarding Public Contracts to Veterans. In carrying out an
affirmative action goal, policy or program, an Authorized Agency may limit
competition for any Public Contract estimated to not exceed $50,000 to Veterans
as defined in Section (2) ("Preference").
(2) Definition "Veteran" has the meaning
given that term in ORS 200.005.
(3)
Establishing the Preference. In applying the Preference in section (1), the
Authorized Agency may limit competition to Veterans or use a percentage for the
Preference in a competitive procurement process. In either case, the process
for a Contract may not exceed $50,000, and the Designated Procurement Officer
of the Authorized Agency must make a written determination that supports the
Preference.
(4) Subcontracting. An
Authorized Agency may require a Contractor to subcontract some part of a
Contract not to exceed $50,000 to, or obtain materials to be used in performing
the Contract from, a Veteran.
(5)
Discrimination. A Bidder or Proposer who competes for or is awarded a Public
Contract may not discriminate against a subcontractor in awarding a subcontract
because the subcontractor employs a Veteran or is a Veteran.
(6) Debarment or Disqualification.
(a) Finding and Appeal. An Authorized Agency
may debar or disqualify a Bidder or Proposer (Offeror) under OAR 125-247-0575
or OAR 125-249-0370, if the Authorized Agency finds that the Offeror has
violated Section (6). A debarred or disqualified Offeror may appeal under OAR
125-247-0750 or OAR 125-249-0370.
(b) Limitation. An Authorized Agency may not
allege an occurrence of discrimination in subcontracting as a basis for
debarring or disqualifying a Bidder or Proposer under Section (6) more than
three (3) years after the alleged discriminatory conduct occurred or more than
three (3) years after the Authorized Agency, in the exercise of reasonable
diligence, should have discovered the conduct, whichever is later.
(7) Certification. An Offeror must
certify in the documents accompanying its Offer that the Offeror has not
discriminated and will not discriminate against a Veteran or a subcontractor
that employs a Veteran in obtaining a required subcontract.
(8) Violation. After a Contractor is awarded
a Public Contract and if the Contractor violates the certification made under
Section (8), the Authorized Agency may regard the violation as a major breach
of contract that permits the Authorized Agency to:
(a) Terminate the Contract; or
(b) Exercise any of the remedies for breach
of contract that are reserved in the Contract.
Notes
Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.100
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