Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0390 - Offer Evaluation and Award; Determination of Responsibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General. If
			 Awarded, the Contracting Agency shall Award the Contract to the Responsible
			 Bidder submitting the lowest, Responsive Bid or the Responsible Proposer or
			 Proposers submitting the best, Responsive Proposal or Proposals, provided that
			 such Person is not listed by the Construction Contractors Board as disqualified
			 to hold a Public Improvement Contract (ORS
			 279C.375(3)(a))
			 or is ineligible for Award as a nonresident education service district (ORS
			 279C.325). The Contracting
			 Agency may Award by item, groups of items or the entire Offer provided such
			 Award is consistent with the Solicitation Document and in the public interest.
			 Where Award is based on competitive Bids, ORS
			 279C.375(5)
			 permits multiple Contract awards when specified in the ITB.
(2) Determination of Responsibility. Offerors
			 are required to demonstrate their ability to perform satisfactorily under a
			 Contract. Before Awarding a Contract, the Contracting Agency must have
			 information that indicates that the Offeror meets the standards of
			 responsibility set forth in ORS
			 279C.375(3)(b).
			 To be a Responsible Offeror, the Contracting Agency 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. A Contracting Agency 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, the Contracting Agency 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. The Contracting Agency
			 may review the Offeror's performance on both private and public contracts in
			 determining the Offeror's record of contract performance. The Contracting
			 Agency shall make its basis for determining an Offeror not Responsible under
			 this paragraph part of the Solicitation file;
(c) Has a satisfactory record of integrity.
			 An Offeror may lack integrity if a Contracting Agency determines the Offeror
			 demonstrates a lack of business ethics such as violation of state environmental
			 laws or false certifications made to a Contracting Agency. A Contracting Agency
			 may find an Offeror not 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). The standards for Conduct Disqualification under OAR 137-049-0370  may
			 be used to determine an Offeror's integrity. A Contracting Agency 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. The Contracting
			 Agency shall make its basis for determining that an Offeror is not Responsible
			 under this paragraph part of the Solicitation file;
(d) Is legally qualified to contract with the
			 Contracting Agency;
(e) In State
			 Contracting Agency procurements, possesses an unexpired certificate, issued by
			 the Oregon Department of Administrative Services under 2015 Oregon Laws,
			 chapter 454, section 2, if the Offeror employs 50 or more full-time workers at
			 the time of the Bid or Proposal Closing and the estimated Contract Price
			 exceeds $500,000; and
(f) Has
			 supplied all necessary information in connection with the inquiry concerning
			 responsibility. If the Offeror fails to promptly supply information requested
			 by the Contracting Agency concerning responsibility, the Contracting Agency
			 shall base the determination of responsibility on any available information, or
			 may find the Offeror not Responsible.