Or. Admin. R. 629-029-0095 - Rejection of Individual Bids

(1) General. The STATE reserves the right to waive minor technicalities and the right to reject any and all bids. The STATE may reject in whole or in part, any bid not in compliance with all prescribed bidding procedures and requirements, and may reject for good cause any bid upon a finding of the STATE that it is in the public interest to do so.

(2) Reasons for rejection. Reasons for rejecting a bid include but are not limited to finding that:

(a) The bid is nonresponsive, that is, it does not conform in all material respects to the Notice of Timber Sale requirements; or

(b) The bidder has not qualified, i.e., has not properly provided the required financial documents and filled out an acceptable "Certificate of Eligibility to Bid on State Timber" form; or

(c) The bidder within the last five years has been found, in a civil, criminal, or administrative proceeding, to have committed or engaged in fraud, misrepresentation, price-rigging, unlawful anti-competitive conduct, or similar behavior; or

(d) The bidder within the last 3 years preceding their bid had one or more Federal, State or Local timber sales terminated for cause or default and the bidder did not fully execute the Certification of Eligibility to Bid on State Timber as provided in OAR 629-029-0020, or the bidder did not provide written explanation of prior termination or default as required, or the bid was rejected after review of the explanation submitted with the certification.

(e) The bidder has a pending or unresolved default under a timber sale contract with State Forester; or

(f) The bid security has not been submitted or properly executed as required by the Notice of Timber Sale documents; or

(g) Other circumstances of the particular bid, or bidder, indicate that acceptance of the bid would impair the integrity of the selection process or result in an imprudent contract by the STATE; or

(h) The bidder has not complied with the provisions of the federal act "Forest Resources Conservation Amendments Act of 1993", ORS 526, or OAR 629, Division 031, which prohibit the export of unprocessed timber from public lands in Oregon and other states.

(3) Form of Business Entity. For purposes of this rule the corporate or business form of bidders shall be subject to scrutiny, so that previously-disqualified bidders, or their officers and directors, may not by subterfuge, change of apparent ownership, or other adjustments in formal appearance, avoid application of this rule.

Notes

Or. Admin. R. 629-029-0095

FB 1-1997, f. 9-4-97, cert. ef. 1-1-98

Stat. Auth.: ORS 526.041

Stats. Implemented: ORS 530.050