2.539 Low Tie Bids.
(1) Definition. Low tie bids are low responsible bids from responsible bidders that are identical in price, fitness, availability and quality and which meet all the requirements and criteria set forth in the bid documents.
(2) Awards.
(a) Low tie bids are subject to the Oregon preference contained in ORS 279A.120(2)(a):
"For the purposes of awarding public contracts, contracting agency shall give preference to goods or services that have been manufactured or produced in this state if price, fitness, availability and quality are otherwise equal."
(b) Low tie bids that remain tied after application of the statutory Oregon preference shall be awarded according to the following sequence:
(i) Preference shall be given to the bidder whose principal offices or headquarters are located in Oregon.
(ii) If a tie still remains after applying #1 above, award shall be made by drawing lots among any tied Oregon bidders. Such bidders shall be given notice and an opportunity to be present when the lots are drawn.
(iii) If none of the tied bidders is located in Oregon, award of the contract shall be made by drawing lots.