NOTICE ONLY - Waiver of ORS 279C. 303 Buy America Requirements - Drains

The State of Oregon Department of Administrative Services, State Procurement Services is publishing draft findings for a waiver of ORS 279C.303 Buy America requirements for floor drains in the Executive Building Parking Garage Security Updates project, with public comment due August 26, 2026. This is a notice-only opportunity; no bidding is solicited.

The waiver petition arises from a competitive sealed bid (ITB# S-10700-00016426) closed April 30, 2026, resulting in Public Improvement Contract# PO-10700-00060764. The project scope includes roof and floor drains as part of parking garage security updates and resurfacing work. The contract requires substantial completion by August 31, 2026 and final completion by September 30, 2026. The critical constraint is a mandatory mid-September 2026 completion of parking deck resurfacing, which must begin on or around August 17, 2026 to avoid adverse weather conditions that could compromise the parking structure's structural integrity.

A State Buy America-compliant floor drain supplier in Alabama cannot deliver until approximately September 11, 2026, which falls after the resurfacing window closes. Installing drains post-surface application would require cutting and patching the new surface, degrading condition, reducing life expectancy, and diminishing project value and return on state funds. Non-compliant drains meeting all technical specifications are available for immediate delivery at no additional cost.

The draft findings conclude that waiving Buy America requirements serves the public interest. The proposed waiver would apply to non-State Buy America-compliant floor drains for one year from issuance. Public comments must be sent to egs.pscustomercare@das.oregon.gov and Nameun.House@das.oregon.gov within the seven-day comment period. DAS SPS will issue a final determination after the comment period closes.