Notice - Draft Findings - Buy America Waiver, Solar Panels

The state of Oregon, through the Department of Administrative Services (DAS) Procurement Services, is conducting a public improvement solicitation for the procurement of solar panels. The estimated price of the project exceeds $250,000 and includes steel and iron coatings as part of a solar panel replacement project. DAS PS is proposing to grant a waiver from the Buy America requirements under ORS 279C.303, as the necessary solar panels produced in the U.S. are not available in sufficient quantities and at satisfactory quality, and using U.S.-produced panels would increase the project cost by more than 25%. The proposed waiver would apply to the class of solar panels used in all public improvement or public works projects under DAS Procurement Authority for the next five years. The findings indicate that the Buy America requirement is inconsistent with the public interest, as it would limit the state's ability to efficiently implement solar power improvements to help reduce greenhouse gas emissions.

The state is providing a seven-day public comment period before finalizing the waiver. If approved, the waiver would allow DAS to procure solar panels for public improvement projects without the Buy America restrictions, which is expected to enable the state to more efficiently implement solar power improvements and achieve its clean energy objectives. The waiver is subject to review and potential amendment or rescission by the State Chief Procurement Officer every five years. The contract opportunity is open to all interested parties, and there is no mention of any set-aside designations or restrictions on the types of organizations that can respond.