Section R19-3-526. Responsibility Determinations

A.      The procurement officer shall determine before an award whether an offeror is responsible or nonresponsible.

B.       The procurement officer shall consider the following factors before determining that an offeror is responsible or nonrespon- sible:

1.        The  offeror’s  financial,   business,  personnel,  or  other resources, such as subcontractors;

2.        The offeror’s record of performance and integrity;

3.        Whether the offeror has been debarred or suspended;

4.        Whether the offeror is legally qualified to contract with the Lottery;

5.        Whether  the  offeror  promptly  supplied  all  requested information concerning its responsibility; and

6.        Whether the offeror meets the responsibility criteria spec- ified in the solicitation.

C.      If the procurement officer determines an offeror is nonrespon- sible, the procurement officer shall promptly send a determina- tion to the offeror stating the basis for the determination. The procurement officer shall file a copy of the determination in the procurement file.

D.      The procurement officer shall only disclose responsibility information furnished by an offeror in accordance with A.R.S.

§ 41-2540.

E.       For the offeror awarded a contract, the procurement officer’s signature on the contract constitutes a determination that the offeror is responsible.

Historical Note

Adopted as an emergency effective June 5, 1985, pursu- ant to A.R.S. § 41-1003, valid for only 90 days (Supp. 85- 3). Adopted as a permanent rule effective August 29, 1985 (Supp. 85-4). Former Section R4-37-526 renum- bered to R4-37-523, new Section R4-37-526 renumbered from R4-37-529 and amended effective May 7, 1990 (Supp. 90-2). R19-3-526 recodified from R4-37-526 (Supp. 95-1). Former Section R19-3-526 renumbered to R19-3-528 and amended; new Section R19-3-526 renum- bered from R19-3-524 and amended effective December 16, 1997 (Supp. 97-4). Section repealed; new Section made by final rulemaking at 12 A.A.R. 4495, effective January 6, 2007 (Supp. 06-4).