Current through Register Vol. 63, No. 3, March 1, 2024
(1)
Before awarding a Contract, OEBB must establish that the Proposer meets the
applicable standards of responsibility. OEBB shall prepare a written
determination of non-responsibility for a Proposer if OEBB determines that the
Proposer does not meet the standards of responsibility.
(2) In determining whether a Proposer has met
the standards of responsibility, OEBB 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. OEBB
shall document the Proposer's record of performance if OEBB finds under this
paragraph that the Proposer is not responsible.
(c) Has a satisfactory record of integrity.
In evaluating the Proposer's record of integrity, OEBB 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.
OEBB shall document the Proposer's record of integrity if OEBB finds under this
paragraph that the Proposer is not responsible.
(d) Is legally qualified to contract with
OEBB.
(e) Supplied all necessary
information in connection with the inquiry concerning responsibility. If a
Proposer fails to promptly supply information concerning responsibility that
OEBB requests, OEBB shall determine the Proposer's responsibility based on
available information or may find that the Proposer is not responsible.
(f) Was not debarred by OEBB in
accordance with ORS 279B.130.
(3) OEBB may refuse to disclose outside of
OEBB 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 OEBB has authority under ORS
192.410 to
192.505 to withhold the
identified information from public disclosure.
Stat. Auth.: ORS
243.860 - 243.886
Stats. Implemented: ORS
243.864
