(1) A contracting agency may require a contractor to subcontract some part of a contract to, or to obtain materials for use in performing the contract from, a business that is certified under ORS § 200.055 as an emerging small business or as a veteran-owned business.

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(2) A contracting agency may require a contractor to subcontract some part of a contract to, or to obtain materials to be used in performing the contract from, a business that is certified under ORS § 200.055 as an emerging small business and that, as identified by the contracting agency, is located in or draws the business’s workforce from economically distressed areas, as designated by the Oregon Business Development Department.

(3) A contracting agency may require that a public contract be awarded to a responsible bidder or proposer, as defined in ORS § 200.005, that the contracting agency determines has made good faith efforts as prescribed in ORS § 200.045. [2003 c.794 § 14; 2005 c.103 § 5; 2009 c.235 § 2; 2015 c.565 § 12; 2023 c.497 § 11]