1. (1) As used in this section:

   1. (a) “Fire protection equipment” has the meaning given that term in ORS 476.005.
   2. (b) “Public contract” includes a sale at no cost.
   3. (c) “Regularly organized fire department” has the meaning given that term in ORS 652.050.

2. (2) Notwithstanding any other provision of the Public Contracting Code, transfers of fire protection equipment under public contracts between regularly organized fire departments may be made without competitive sealed bidding, competitive sealed proposals or other competition required in ORS 279B.050 to 279B.085, provided:

   1. (a) The recipient regularly organized fire department makes a written request for the fire protection equipment to the transferor regularly organized fire department;
   2. (b) The fire protection equipment is surplus to or unusable by the transferor;
   3. (c) The total fair market value of fire protection equipment received by the recipient does not exceed $50,000 per calendar year; and
   4. (d) The transferor holds a public hearing, with hearing notice published in at least one trade newspaper of general statewide circulation a minimum of 14 days before the hearing, and finds that the public contract is in the public’s interest.

[2003 c.794 §24]