Or. Admin. R. 291-160-0230

Current through Register Vol. 63, No. 8, August 1, 2024

Section 291-160-0230 - Rejection of All Offers

(1) Rejection. DOC, in its sole discretion, may reject all Offers in whole or in part when the rejection is in the best interest of DOC as determined by DOC. DOC shall notify all Offerors of the rejection of all Offers, along with the reasons for rejection of all Offers. The reasons for the rejection must be made part of the procurement file.

(2) Criteria. DOC may reject all Offers based upon the following criteria:

(a) The content of or an error in the Solicitation Document, or the procurement process unnecessarily restricted competition for the Contract;

(b) The price, quality or performance presented by the Offerors are too costly or of insufficient quality to justify acceptance of any Offer, or if the Offerors' timing of performance does not meet DOC's desired time-frame;

(c) Misconduct, error, or ambiguous or misleading provisions in the Solicitation Document threaten the fairness and integrity of the competitive process;

(d) Causes other than legitimate market forces threaten the integrity of the competitive process. These causes may include, without limitation, 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;

(e) DOC cancels the procurement or solicitation in accordance with OAR 291-160-0240; or

(f) Any other circumstance indicating that awarding the Contract would not be Advantageous to DOC.

Or. Admin. R. 291-160-0230

DOC 11-2022, adopt filed 11/7/2022, effective 1/1/2023

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