1. (1) Definitions. As used in this rule:

   1. (a) “Disqualification” means the debarment, exclusion, or suspension of a person from right to submit bids in response to the STATE’s Notices of Timber Sales for a reasonable, specified period of time named in the order of disqualification. A bidder so debarred, excluded, or suspended is disqualified.
   2. (b) “Person” means an individual, partnership, or corporation. Disqualification attaches to and follows the individual, so that an individual who is a partner in a partnership or an officer or principal in a corporation which is disqualified may not reform the business entity as a way of avoiding the disqualification.

2. (2) Grounds for disqualification. The following are grounds for bidder disqualification:

   1. (a) The person does not have sufficient financial ability to perform the contract. If a bond is required to ensure performance of a contract, evidence that the person can acquire a surety bond in the amount and type required shall be sufficient to establish financial ability;
   2. (b) The person is in noncompliance in a public contractual obligation. If the answer to one or more of the questions in OAR 629-029-0020, section (3), (A), (B), (C), or (D) is no, STATE may reject the bid.
   3. (c) The person has discriminated against disadvantaged minority, women, or emerging small business enterprises in the awarding of subcontracts in a contract between the person and the STATE.
   4. (d) The person is, at the time of bidding, in default status under OAR 629, division 032, or chapter 141, division 015.
3. (3) Investigation. The STATE may make such investigation as is necessary to determine whether there are grounds for disqualifying a person. If a bidder or prospective bidder fails to supply such information promptly as requested by the STATE, such failure is grounds for disqualification.
4. (4) Notice of disqualification. The bidder or prospective bidder will be notified of the STATE’s decision to disqualify the person from bidding with the STATE.

Statutory/Other Authority

ORS 526.041

Statutes/Other Implemented

ORS 530.050

History

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