Oregon Administrative Rules|Section 125-246-0314 - Disabled Veterans Preference

                                                
Current through Register Vol. 60, No. 12, December 1, 2021 
(1) Generally. The Public Contracting Code and these Rules may not be construed to prohibit an Authorized Agency from engaging in public contracting practices designed to promote affirmative action goals, policies or programs to give a preference in awarding Public Contracts to Disabled Veterans. In carrying out an affirmative action goal, policy or program, an Authorized Agency may limit competition for any Public Contract estimated to not exceed $50,000 to Disabled Veterans as defined in Section (2) ("Preference").
 
(2) Definition. "Disabled Veteran" is defined in ORS 408.225. "Disabled Veteran" includes the individual as defined in ORS 408.225 and any business enterprise that one or more such individuals own or control, if the cumulative ownership or control by such individuals is 51% or greater.
 
(3) Establishing the Preference. In applying the Preference in section (1), the Authorized Agency may limit competition to Disabled Veterans or use a percentage for the Preference in a competitive procurement process. In either case, the process for a Contract may not exceed $50,000, and the Designated Procurement Officer of the Authorized Agency must make a written determination that supports the Preference.
 
(4) Subcontracting. An Authorized Agency may require a Contractor to subcontract some part of a Contract not to exceed $50,000 to, or obtain materials to be used in performing the Contract from, a Disabled Veteran.
 
(5) Proof. Under Section (3) or (4), an Authorized Agency may require that a Disabled Veteran produce proof of service-connected disability from the United States Department of Veterans Affairs. The proof of service-connected disability may be in the form of an: 
(a) Award letter;
 
(b) Award card; or
 
(c) Other evidence acceptable to the Authorized Agency from the United States Department of Veterans Affairs.
 
(6) Discrimination. A Bidder or Proposer who competes for or is awarded a Public Contract may not discriminate against a subcontractor in awarding a subcontract because the subcontractor employs a Disabled Veteran or is a Disabled Veteran.
 
(7) Debarment or Disqualification. 
(a) Finding and Appeal. An Authorized Agency may debar or disqualify a Bidder or Proposer (Offeror) under OAR 125-247-0575 or OAR 125-249-0370, if the Authorized Agency finds that the Offeror has violated Section (6). A debarred or disqualified Offeror may appeal under OAR 125-247-0750 or OAR 125-249-0370.
 
(b) Limitation. An Authorized Agency may not allege an occurrence of discrimination in subcontracting as a basis for debarring or disqualifying a Bidder or Proposer under Section (6) more than three (3) years after the alleged discriminatory conduct occurred or more than three (3) years after the Authorized Agency, in the exercise of reasonable diligence, should have discovered the conduct, whichever is later.
 
 
(8) Certification. An Offeror must certify in the documents accompanying its Offer that the Offeror has not discriminated and will not discriminate against a Disabled Veteran or a subcontractor that employs a Disabled Veteran in obtaining a required subcontract.
 
(9) Violation. After a Contractor is awarded a Public Contract and if the Contractor violates the certification made under Section (8), the Authorized Agency may regard the violation as a major breach of contract that permits the Authorized Agency to: 
(a) Terminate the Contract; or
 
(b) Exercise any of the remedies for breach of contract that are reserved in the Contract.
 
Or. Admin. R. 125-246-0314
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10; DAS 3-2018, amend filed 12/14/2018, effective 1/1/2019
Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
 
Statutes/Other Implemented: ORS 279A.100
This section was updated on 1/22/2019 by overlay.