Current through Register Vol. 63, No. 9, September 1, 2024
(1) General: Only
Responsible Offerors are eligible for Award. If the Lottery determines that an
Offeror is not Responsible, the Lottery will reject the Offeror's Offer and
will provide a written summary to the Offeror of the basis for Lottery's
determination that the Offeror is not Responsible.
(2) Considerations: In determining whether an
Offeror is Responsible, the Lottery may seek and use information in addition to
that submitted with Offeror's Offer. In making its determination of
Responsibility, in addition to any other criteria Lottery deems relevant, the
Lottery may consider whether the Offeror:
(a)
Corporate Capability and Business Qualifications: Has available the appropriate
financial, material, equipment, facilities, and personnel resources and
expertise, or ability to obtain the resources and expertise, necessary for the
Offeror to meet all potential contractual obligations;
(b) Record of Performance: Has a satisfactory
contract performance record. The Lottery will carefully review an Offeror's
contract performance record to determine if the Offeror is or recently has been
materially deficient in contract performance. The Lottery will determine
whether the Offeror's deficient performance was excused under the specific
terms of the contract or whether the Offeror took appropriate corrective
action. The Lottery may review the Offeror's performance under both private and
public contracts through interviews with the other contracting party or review
of performance documentation, or both;
(c) Record of Integrity: Has a satisfactory
record of integrity. An Offeror may lack integrity if the Lottery determines
that the Offeror demonstrates a lack of business ethics such as by evidence of
Offeror's violation of state environmental laws or by making false
certifications. The Lottery may find an Offeror not Responsible based on the
lack of integrity of any individual or entity having influence or control over
the Offeror (such as a key employee of the Offeror that has the authority to
significantly influence the Offeror's performance under the Contract or a
parent company, predecessor or successor individual or entity);
(d) Legally Authorized: Is legally authorized
to Contract with the Lottery;
(e)
Necessary Information: Has promptly provided all information that the Lottery
has requested to facilitate the Lottery's determination whether or not the
Offeror is Responsible. If the Offeror fails to promptly provide any
information Lottery requests, the Lottery will base its determination upon the
information Lottery has available; and
(f) Suspension: If an Offeror has been
suspended by the Lottery under OAR 177-038-0260. The Lottery may consider a
suspended Offeror for Award during the suspension period if the Director
determines that the Offeror's participation is in the Lottery's best interest.
The Director will specify in writing the factors and limits upon which the
Offeror's participation is based.
Statutory/Other Authority: ORS Chapter 461 & Oregon
Constitution, Article XV, §4(4)
Statutes/Other Implemented: ORS
461.400, ORS
461.410,
ORS
461.420,
ORS
461.430 & ORS
461.440
