OAR 111-005-0055: Responsible Proposer

(1) Before awarding a Contract, OEBB must establish that the Proposer meets the applicable standards of responsibility. OEBB shall prepare a written determination of non-responsibility for a Proposer if OEBB determines that the Proposer does not meet the standards of responsibility. (2) In determining whether a Proposer has met the standards of responsibility, OEBB shall consider whether a Proposer: (a) Has available the appropriate financial, material, equipment, facility and personnel resources and expertise, or has the ability to obtain the resources and expertise, necessary to meet all contractual responsibilities. (b) Completed previous contracts of a similar nature with a satisfactory record of performance. For purposes of this paragraph, a satisfactory record of performance means that to the extent that the costs associated with and time available to perform a previous contract remained within the Proposer’s control, the Proposer stayed within the time and budget allotted for the procurement and otherwise performed the contract in a satisfactory manner. OEBB shall document the Proposer’s record of performance if OEBB finds under this paragraph that the Proposer is not responsible. (c) Has a satisfactory record of integrity. In evaluating the Proposer’s record of integrity, OEBB may consider, among other things, whether the Proposer has previous criminal convictions for offenses related to obtaining or attempting to obtain a contract or subcontract or in connection with the Proposer’s performance of a contract or subcontract. OEBB shall document the Proposer’s record of integrity if OEBB finds under this paragraph that the Proposer is not responsible. (d) Is legally qualified to contract with OEBB. (e) Supplied all necessary information in connection with the inquiry concerning responsibility. If a Proposer fails to promptly supply information concerning responsibility that OEBB requests, OEBB shall determine the Proposer’s responsibility based on available information or may find that the Proposer is not responsible. (f) Was not debarred by OEBB in accordance with ORS 279B.130. (3) OEBB may refuse to disclose outside of OEBB confidential information furnished by a Proposer under this section when the Proposer has clearly identified in writing the information the Proposer seeks to have treated as confidential and OEBB has authority under ORS 192.410 to 192.505 to withhold the identified information from public disclosure.