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

Current through Register Vol. 63, No. 7, July 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.