Oregon Administrative Rules
Chapter 291 - DEPARTMENT OF CORRECTIONS
Division 160 - DOC PROCUREMENTS FOR OPERATIONAL SUPPORT AND ADULT IN CUSTODY PROGRAMS
Section 291-160-0190 - Responsibility of Offerors
Universal Citation: OR Admin Rules 291-160-0190
Current through Register Vol. 63, No. 3, March 1, 2024
(1) Before awarding a Contract DOC shall determine whether the bidder submitting the lowest Bid, or the proposer submitting the most Advantageous Proposal, is Responsible. To be a Responsible Offeror, DOC must determine that the Offeror:
(a) Has available the appropriate financial,
material, equipment, facility and personnel resources and expertise, or ability
to obtain the resources and expertise, necessary to meet all contractual
responsibilities;
(b) Has completed
previous Contracts of a similar nature with a satisfactory record of
performance. A satisfactory record of performance means that to the extent the
costs associated with and time available to perform a previous Contract were
within the Offeror's control, the Offeror stayed within the time and budget
allotted for the procurement and otherwise performed the Contract in a
satisfactory manner. DOC should carefully scrutinize an Offeror's record of
Contract performance if the Offeror is or recently has been materially
deficient in Contract performance. In reviewing the Offeror's performance, DOC
should determine whether the Offeror's deficient performance was expressly
excused under the terms of the Contract, or whether the Offeror took
appropriate corrective action. DOC may review the Offeror's performance on both
private and public Contracts in determining the Offeror's record of Contract
performance. DOC shall make its basis for determining an Offeror
non-Responsible under this subparagraph part of the procurement file;
(c) Has a satisfactory record of integrity.
An Offeror may lack integrity if DOC determines the Offeror demonstrates a lack
of business ethics, including but not limited to violation of state
environmental laws or false certifications made to DOC. DOC may find an Offeror
non-Responsible based on the lack of integrity of any person 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 of the Contract
or a parent company, predecessor or successor person. DOC may find an Offeror
nonResponsible based on previous convictions of offenses related to obtaining
or attempting to obtain a Contract or subcontract or in connection with the
Offeror's performance of a Contract or subcontract. DOC shall make its basis
for determining that an Offeror is non-Responsible under this subparagraph part
of the procurement file. The standards DOC may use to determine an Offeror's
integrity include, but are not limited to:
(A) The Offeror has been convicted of a
criminal offense as an incident in obtaining or attempting to obtain a public
or private Contract or subcontract or in the performance of a public or private
Contract or subcontract.
(B) The
Offeror has been convicted under state or federal statutes of embezzlement,
theft, forgery, bribery, falsification or destruction of records, receiving
stolen property or any other offense indicating a lack of business integrity or
business honesty that currently, seriously and directly affects the Offeror's
responsibility as a contractor.
(C)
The Offeror has been convicted under state or federal antitrust
statutes.
(D) The Offeror has
committed a violation of a Contract provision that is regarded by the
contracting agency or the Construction Contractors Board to be so serious as to
indicate lack of integrity. A violation may include but is not limited to a
failure to perform the terms of a Contract or an unsatisfactory performance in
accordance with the terms of the Contract. However, a failure to perform or an
unsatisfactory performance caused by acts beyond the control of the contractor
may not be considered to be a basis of non-integrity.
(E) The Offeror does not carry workers'
compensation or unemployment insurance as required by statute;
(d) Is legally qualified to
contract with DOC;
(e) Has
certified in Writing, under penalty of perjury, that the Offeror has complied
with the tax laws of this state and its political subdivisions as required
under ORS chapter 305; and
(f) Has
supplied all necessary information in connection with the inquiry concerning
responsibility. If the Offeror fails to promptly supply information requested
by DOC concerning responsibility, DOC shall base the determination of
responsibility on any available information or may find the Offeror
non-Responsible.
(2) Form of Business Entity. DOC may investigate any Person submitting an Offer. The investigation may include that Person's officers, directors, owners, affiliates, or any other Person acquiring ownership of the Person to determine application of this rule.
(3) In the event DOC determines a bidder or proposer is not Responsible it shall prepare a Written determination of non-responsibility, reject the Offer, and document the determination in the procurement file.
Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030, 423.075
Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030, 423.075
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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