Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 38 - LOTTERY PROCUREMENT RULES › Section 177-038-0180 - Responsible Offerors; Rejection for Offeror Non-Responsibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General: Only
			 Responsible Offerors are eligible for Award. If the Lottery determines that an
			 Offeror is not Responsible, the Lottery will reject the Offeror's Offer and
			 will provide a written summary to the Offeror of the basis for Lottery's
			 determination that the Offeror is not Responsible.
(2) Considerations: In determining whether an
			 Offeror is Responsible, the Lottery may seek and use information in addition to
			 that submitted with Offeror's Offer. In making its determination of
			 Responsibility, in addition to any other criteria Lottery deems relevant, the
			 Lottery may consider whether the Offeror:
(a)
			 Corporate Capability and Business Qualifications: Has available the appropriate
			 financial, material, equipment, facilities, and personnel resources and
			 expertise, or ability to obtain the resources and expertise, necessary for the
			 Offeror to meet all potential contractual obligations;
(b) Record of Performance: Has a satisfactory
			 contract performance record. The Lottery will carefully review an Offeror's
			 contract performance record to determine if the Offeror is or recently has been
			 materially deficient in contract performance. The Lottery will determine
			 whether the Offeror's deficient performance was excused under the specific
			 terms of the contract or whether the Offeror took appropriate corrective
			 action. The Lottery may review the Offeror's performance under both private and
			 public contracts through interviews with the other contracting party or review
			 of performance documentation, or both;
(c) Record of Integrity: Has a satisfactory
			 record of integrity. An Offeror may lack integrity if the Lottery determines
			 that the Offeror demonstrates a lack of business ethics such as by evidence of
			 Offeror's violation of state environmental laws or by making false
			 certifications. The Lottery may find an Offeror not Responsible based on the
			 lack of integrity of any individual or 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 under the Contract or a
			 parent company, predecessor or successor individual or entity);
(d) Legally Authorized: Is legally authorized
			 to Contract with the Lottery;
(e)
			 Necessary Information: Has promptly provided all information that the Lottery
			 has requested to facilitate the Lottery's determination whether or not the
			 Offeror is Responsible. If the Offeror fails to promptly provide any
			 information Lottery requests, the Lottery will base its determination upon the
			 information Lottery has available; and
(f) Suspension: If an Offeror has been
			 suspended by the Lottery under OAR 177-038-0260. The Lottery may consider a
			 suspended Offeror for Award during the suspension period if the Director
			 determines that the Offeror's participation is in the Lottery's best interest.
			 The Director will specify in writing the factors and limits upon which the
			 Offeror's participation is based.