In today’s tight construction market, more and more contractors are turning to public contracts to keep hammers swinging and maintain their workforce. In doing so, many are overlooking an advantage they have in bidding for public work.
ORS 279A.120 (at http://www.leg.state.or.us/ors/279a.html or http://www.oregonlaws.org/ors/279A.120) gives a preference to Oregon contractors for public projects to be performed in the State of Oregon. This statute specifically requires an agency awarding a public contract to give preference to goods or services provided by Oregon companies, if quality is otherwise equal. Further, the statute requires an increase in bid of non-resident bidders to compensate for any advantage an out-of-state bidder is given by their home state.
Contractors seeking to obtain public work should be aware of the provision and be sure they are taking full advantage of it. To qualify as an Oregon resident bidder who is given preferences required by the statute, the company must have paid unemployment taxes or income taxes during the last 12 calendar months preceding submission of the bid, have a business address in Oregon and specifically state in their bid that they are a resident bidder as defined under the statute.
Including this information can make the difference in obtaining a public project. In today’s highly competitive construction market, contractors need to leverage every advantage.
Mark represents businesses and individuals in all aspects of complex civil litigation, land development, and construction.