1. (1) The department may at any time reject all offers provided in response to a solicitation document if determined it is in the department's best interest to do so and may reject individual offers upon the department’s finding the offer:

   1. (a) Contingent: Is contingent upon the department’s acceptance of terms and conditions (including specifications) that differ from those specified in the solicitation document;
   2. (b) Exceptions: Takes exceptions to terms and conditions (including specifications) specified in the solicitation document;

   3. (c) Non Responsive because the offer:

      1. (A) Offers goods or services that fail to meet the specifications;
      2. (B) Offers goods or services that otherwise fail to meet the requirements of the solicitation document;
      3. (C) Is submitted after closing; or
      4. (D) Is otherwise not responsive to the terms of the solicitation document.

2. (2) The department shall reject an Offer upon finding that the Offeror:

   1. (a) Has been disqualified;
   2. (b) Is listed as not qualified by the Construction Contractors Board, if the Contract is for a public improvement;
   3. (c) Has not submitted properly executed bid or proposal security as required by the solicitation document;
   4. (d) Has failed to provide the certification required under section 3 of this rule;
   5. (e) Is not Responsible. See OAR 736-149-0390 regarding department determination that the offeror has met rules and standards of responsibility.
3. (3) Certification of Non-Discrimination. The offeror shall certify and deliver to the department written certification, as part of the offer, that the offeror has not discriminated and will not discriminate against any disadvantaged business enterprise, minority-owned business, women-owned business, emerging small business, or Veteran-owned business, in obtaining any required subcontracts. Failure to do so shall be grounds for disqualification.
4. (4) Rejection of all Offers. The department may reject all offers for good cause upon the department's written finding it is in the public interest to do so. The department shall notify all offerors of the rejection of all offers, along with the good cause justification and finding.

5. (5) Criteria for Rejection of All Offers. The department may reject all offers upon a written finding that:

   1. (a) The content of or an error in the solicitation document, or the solicitation process unnecessarily restricted competition for the contract;
   2. (b) The price, quality or performance presented by the offerors is too costly or of insufficient quality to justify acceptance of the offer;
   3. (c) Misconduct, error, or ambiguous or misleading provisions in the solicitation document threaten the fairness and integrity of the competitive process;
   4. (d) Causes other than legitimate market forces threaten the integrity of the competitive procurement process. These causes include, but are not limited to, those that tend to limit competition such as restrictions on competition, collusion, corruption, unlawful anti-competitive conduct and inadvertent or intentional errors in the solicitation document;
   5. (e) The department cancels the solicitation in accordance with OAR 736-149-0270; or
   6. (f) Any other circumstance ndicating that awarding the contract would not be in the public interest.

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