Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0640 - Rejection of an Offer

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Rejection of an Offer.
(a) A Contracting
			 Agency may reject any Offer as set forth in ORS 279B.100.
(b) The Contracting Agency shall reject an
			 Offer upon the Contracting Agency's finding that the Offer:
(A) Is contingent on the Contracting Agency's
			 acceptance of terms and conditions (including Specifications) that differ from
			 the Solicitation Document;
(B)
			 Takes exception to terms and conditions (including Specifications) set forth in
			 the Solicitation Document;
(C)
			 Attempts to prevent public disclosure of matters in contravention of the terms
			 and conditions of the Solicitation Document or in contravention of applicable
			 law;
(D) Offers Goods or Services
			 that fail to meet the Specifications of the Solicitation Document;
(E) Is late;
(F) Is not in substantial compliance with the
			 Solicitation Document; or
(G) Is
			 not in substantial compliance with all prescribed public Procurement
			 procedures.
(c) The
			 Contracting Agency shall reject an Offer upon the Contracting Agency's finding
			 that the Offeror:
(A) Has not been
			 prequalified under ORS 279B.120 and the Contracting Agency required mandatory
			 prequalification;
(B) Has been
			 Debarred as set forth in ORS 279B.130 or has been disqualified under OAR
			 137-046-0210(3)  (Disqualification);
(C) Has not met the requirements of ORS
			 279A.105, if required by the Solicitation Document;
(D) Has not submitted properly executed Bid
			 or Proposal security as required by the Solicitation Document;
(E) Has failed to provide the certification
			 of non-discrimination required under ORS 279A.110(4); or
(F) Is non-Responsible. 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 applicable standards of Responsibility. To
			 be a Responsible Offeror, the Contracting Agency must determine, under ORS
			 279B.110, 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 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. 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 non-Responsible under this subparagraph part of the Procurement file as
			 required by ORS 279B.110(2)(b);
(iii) 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 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). The standards for Debarment under ORS 279B.130 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 non-Responsible under
			 this subparagraph part of the Procurement file as required by 279B.110(2)(c);
(iv) Is legally qualified to
			 contract with the Contracting Agency;
(v) Has attested in Writing that the Offeror
			 complied with the tax laws of this state and of political subdivisions of this
			 state;
(vi) 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 Closing and the estimated Contract Price exceeds $500,000; and
(vii) 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
			 non-Responsible.