Or. Admin. R. 177-038-0180 - Responsible Offerors; Rejection for Offeror Non-Responsibility
(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.
Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, §4(4)
Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440
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