Current through Register Vol. 63, No. 9, September 1, 2024
(1)
Before awarding a Contract, the Board must have information that indicates the
Proposer meets the applicable standards of responsibility. PEBB shall prepare a
written determination of non responsibility for a Proposer if PEBB determines
that the Proposer does not meet the standards of responsibility.
(2) In determining whether a Proposer has met
the standards of responsibility, PEBB shall consider whether a Proposer:
(a) Has available the appropriate financial,
material, equipment, facility and personnel resources and expertise, or has the
ability to obtain the resources and expertise, necessary to meet all
contractual responsibilities.
(b)
Completed previous contracts of a similar nature with a satisfactory record of
performance. For purposes of this paragraph, a satisfactory record of
performance means that to the extent that the costs associated with and time
available to perform a previous contract remained within the Proposer's
control, the Proposer stayed within the time and budget allotted for the
procurement and otherwise performed the contract in a satisfactory manner. PEBB
shall document the Proposer's record of performance if PEBB finds under this
paragraph that the Proposer is not responsible.
(c) Has a satisfactory record of integrity.
PEBB in evaluating the Proposer's record of integrity may consider, among other
things, whether the Proposer has previous criminal convictions for offenses
related to obtaining or attempting to obtain a contract or subcontract or in
connection with the Proposer's performance of a contract or subcontract. PEBB
shall document the Proposer's record of integrity if PEBB finds under this
paragraph that the Proposer is not responsible.
(d) Is legally qualified to contract with
PEBB.
(e) Supplied all necessary
information in connection with the inquiry concerning responsibility. If a
Proposer fails to promptly supply information concerning responsibility that
PEBB requests, PEBB shall determine the Proposer's responsibility based on
available information or may find that the Proposer is not
responsible.
(f) Was not debarred
by PEBB in accordance with ORS
279B.130.
(3) PEBB may refuse to disclose outside of
PEBB confidential information furnished by a Proposer under this section when
the Proposer has clearly identified in writing the information the Proposer
seeks to have treated as confidential and PEBB has authority under ORS
192.410 to
192.505 to withhold the
identified information from disclosure.
Stat. Auth.: ORS
243.061 -
243.302
Stats. Implemented: ORS
243.135 &
243.125
