1. (1) A business may be certified as an emerging small business by the Oregon Business Development Department for up to 12 years and may be:

   1. (a) Designated a tier one firm for up to six years unless the business no longer qualifies as a tier one firm.
   2. (b) Designated a tier two firm for up to six years unless the business no longer qualifies as a tier two firm.
2. (2) The department shall adjust annually the amount of the average annual gross receipts required to qualify as a tier one firm or a tier two firm using the most recent three-year average of the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor.
3. (3) Notwithstanding the time limits established by subsection (1) of this section, if a tier one firm provides compelling information showing, in the judgment of the department, that the firm has not been afforded an opportunity to bid on emerging small business projects during a year of eligibility, the department shall extend the tier one designation of the firm for one year. A tier one firm may receive the extension described in this subsection only once.

Note: 200.057 was added to and made a part of 200.005 to 200.075 by legislative action but was not added to any other series. See Preface to Oregon Revised Statutes for further explanation.

[2005 c.683 §2; 2009 c.830 §138; 2019 c.57 §11]