Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 5 - PUBLIC CONTRACT RULES; HIGHWAY AND BRIDGE PROJECTS › Section 731-005-0670 - Rejection of an Offer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Rejection of
			 an Offer.
(a) ODOT may reject any Offer upon
			 finding that to accept the Offer may impair the integrity of the procurement
			 process or that rejecting the Offer is in the public interest.
(b) ODOT shall reject an Offer upon ODOT's
			 finding that the Offer:
(A) Is contingent upon
			 ODOT's acceptance of terms and conditions (including Specifications) that
			 differ from the Solicitation Document;
(B) Takes exception to terms and conditions
			 (including Specifications);
(C)
			 Attempts to prevent public disclosure of matters in contravention of the terms
			 and conditions of Solicitation Document or in contravention of applicable
			 law;
(D) Offers Work or goods that
			 fail to meet the Specifications of the Solicitation Document;
(E) Is late;
(F) Is not in substantial compliance with the
			 Solicitation Documents; or
(G) Is
			 not in substantial compliance with all prescribed public solicitation
			 procedures.
(c) ODOT
			 shall reject an Offer upon ODOT's finding that the Offeror:
(A) Has not been prequalified as required as
			 set forth in OAR Chapter 731, Division 7, the Offeror's prequalification
			 application is not received at ODOT's address shown in the prequalification
			 application at least 10 days prior to bid opening, the Offeror is not
			 prequalified in the class(es) of work designated in the special provisions, or
			 the Offeror's prequalification is not otherwise approved by ODOT;
(B) Has been Disqualified;
(C) Has been declared ineligible under ORS
			 279C.860 by the Commissioner of Bureau of Labor and Industries has declared and
			 the Contract is for a Public Work;
(D) Is listed as not qualified by the
			 Construction Contractors Board;
(E)
			 Has not met the requirements of ORS 279A.105 if required by the Solicitation
			 Document;
(F) Has not submitted
			 properly executed Bid security as required by the Solicitation
			 Document;
(G) Has failed to provide
			 the certification required under section (3) of this rule; or
(H) Is nonresponsible. Offerors are required
			 to demonstrate their ability to perform satisfactorily under a Contract. Before
			 awarding a Contract, ODOT must have information that indicates that the Offeror
			 meets the applicable standards of responsibility. To be a Responsible Offeror,
			 ODOT must determine that the Offeror:
(i) Has
			 available the appropriate financial, material, equipment, facility and
			 personnel resources and expertise, or ability to obtain the resources and
			 expertise, necessary to demonstrate the capability of the Offeror to meet all
			 contractual responsibilities;
(ii)
			 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. ODOT 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, ODOT
			 should determine whether the Offeror's deficient performance was expressly
			 excused under the terms of Contract, or whether the Offeror took appropriate
			 corrective action. ODOT may review the Offeror's performance on both private
			 and public Contracts in determining the Offeror's record of Contract
			 performance. ODOT shall make its basis for determining an Offeror
			 nonresponsible under this paragraph part of the solicitation file;
(iii) Has a satisfactory record of integrity.
			 An Offeror may lack integrity if ODOT determines the Offeror demonstrates a
			 lack of business ethics such as violation of state environmental laws or false
			 certifications made to ODOT. ODOT may find an Offeror nonresponsible based on
			 the lack of integrity of any 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 of the Contract or a parent
			 company, predecessor or successor Entity). ODOT 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. The standards for Conduct
			 Disqualification under OAR 731-005-0710  may be used to determine an Offeror's
			 integrity. ODOT shall make its basis for determining that an Offeror is
			 nonresponsible under this paragraph part of the solicitation file;
(iv) Is legally qualified to Contract with
			 ODOT; and
(v) Has supplied all
			 necessary information in connection with the inquiry concerning responsibility.
			 If the Offeror fails to promptly supply information requested by ODOT
			 concerning responsibility, ODOT shall base the determination of responsibility
			 upon any available information, or may find the Offeror
			 nonresponsible.