291-160-0190 Responsibility of Offerors (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 non-Responsible 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 History: DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023