Current through Register Vol. 63, No. 9, September 1, 2024
(1)
Definitions. As used in this rule:
(a)
"Disqualification" means the debarment, exclusion, or suspension of a person
from right to submit bids in response to the STATE's Notices of Timber Sales
for a reasonable, specified period of time named in the order of
disqualification. A bidder so debarred, excluded, or suspended is
disqualified.
(b) "Person" means an
individual, partnership, or corporation. Disqualification attaches to and
follows the individual, so that an individual who is a partner in a partnership
or an officer or principal in a corporation which is disqualified may not
reform the business entity as a way of avoiding the disqualification.
(2) Grounds for disqualification.
The following are grounds for bidder disqualification:
(a) The person does not have sufficient
financial ability to perform the contract. If a bond is required to ensure
performance of a contract, evidence that the person can acquire a surety bond
in the amount and type required shall be sufficient to establish financial
ability;
(b) The person is in
noncompliance in a public contractual obligation. If the answer to one or more
of the questions in OAR
629-029-0020,
section (3), (A), (B), (C), or (D) is no, STATE may reject the bid.
(c) The person has discriminated against
disadvantaged minority, women, or emerging small business enterprises in the
awarding of subcontracts in a contract between the person and the
STATE.
(d) The person is, at the
time of bidding, in default status under OAR Chapter 629, Division 032, or OAR
Chapter 141, Division 015.
(3) Investigation. The STATE may make such
investigation as is necessary to determine whether there are grounds for
disqualifying a person. If a bidder or prospective bidder fails to supply such
information promptly as requested by the STATE, such failure is grounds for
disqualification.
(4) Notice of
disqualification. The bidder or prospective bidder will be notified of the
STATE's decision to disqualify the person from bidding with the
STATE.
Stat. Auth.: ORS 526.041
Stats. Implemented: ORS
530.050
