1. (1) DOC may reject any Offer in whole or in part when the rejection is in the best interest of DOC as determined by DOC. The reasons for the rejection must be made a part of the procurement file.

2. (2) DOC shall reject an Offer upon DOC’s finding that the Offer:

   1. (a) Is contingent on the DOC’s acceptance of terms and conditions (including specifications) that differ from the Solicitation Document;
   2. (b) Takes exception to terms and conditions (including specifications) set forth in the Solicitation Document;
   3. (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;
   4. (d) Offers goods or services that fail to meet the specifications of the Solicitation Document;
   5. (e) Is late;
   6. (f) Is not in substantial compliance with the Solicitation Document; or
   7. (g) Is not in substantial compliance with all prescribed public procurement procedures.

3. (3) DOC shall reject an Offer upon DOC’s finding that the Offeror:

   1. (a) Has not submitted properly executed Bid or Proposal security as required by the Solicitation Document; or
   2. (b) Is non-Responsible. See OAR 291-160-0190.

Statutory/Other Authority

ORS 179.040, 421.438, 423.020, 423.030 & 423.075

Statutes/Other Implemented

ORS 179.040, 421.438, 423.020, 423.030 & 423.075

History

DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023