Or. Admin. Code § 137-046-0330 - Federally Funded Transit Projects - Preference for Exceeding Federal Buy America Requirements
(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.
Notes
Stat. Auth.: ORS 279A.065
Stats. Implemented: 2012 OL, ch 58
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