1. (1) General: Only responsible offerors are eligible for award. The department will reject offers from offerors determined not responsible by the department and provide a written summary for the basis of the determination to the offeror.

2. (2) Considerations: In determining whether an offeror is responsible, the department 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 the department deems relevant, the department may consider whether the offeror:

   1. (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;
   2. (b) Record of Performance: Has a satisfactory contract performance record. The department 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 department 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 department 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;
   3. (c) Record of Integrity: Has a satisfactory record of integrity. An offeror may lack integrity if the department determines 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 department 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);
   4. (d) Legally Authorized: Is legally authorized to contract with the department;
   5. (e) Necessary Information: Promptly provided all information the department requested to facilitate the department's determination whether offeror is responsible. If the offeror fails to promptly provide requested information, the department will base its determination upon available information; and
   6. (f) Disqualification: If an offeror has been disqualified by the department. The department may consider a disqualified offeror for award during the disqualification period if the director determines the offeror’s participation is in the department’s best interest. The department will specify in writing the factors and limits upon which the offeror’s participation is based.

Statutory/Other Authority

ORS 279.025(3)(k)

Statutes/Other Implemented

ORS 279.025(3)(k)

History

PRD 2-2026, temporary adopt filed 04/23/2026, effective 04/24/2026 through 10/19/2026