1. (1) Award When Bids are Identical: If the department receives bids determined identical in price (“identical bids”), and chooses to issue an award, the department will issue the award based on the following order of precedence:

   1. (a) Oregon Bidder: The department 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 department 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 department 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.
   2. (b) COBID Certified Bidders: The department will issue an award to a certification office for business inclusion and diversity (COBID) certified minority, women, emerging small business (MWESB) or veteran owned business. If multiple COBID certified bidders exist, department will issue an award by drawing lots from among those COBID certified bidders who submitted the identical bids.
   3. (c) No Applicable Preferences: If department 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 OPRD will issue an award by drawing lots from among bidders that submitted the identical bids.
2. (2) Procedure for Drawing Lots: When drawing of lots, the department will provide notice of the date, time of the drawing of lots to bidders who submitted identical bids. The department 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.

Statutory/Other Authority

ORS 279.025(3)(k)

Statutes/Other Implemented

ORS 279.025(3)(k)

History

PRD 2-2026, temporary adopt filed 04/23/2026, effective 04/24/2026 through 10/19/2026