Section R2-7-B313. Responsibility Determinations

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

B.       The agency chief procurement officer shall consider the fol- lowing factors before determining that an offeror is responsi- ble or nonresponsible:

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 state;

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 agency chief procurement officer determines an offeror is nonresponsible, the agency chief procurement officer shall promptly send a determination to the offeror stating the basis for the determination. The agency chief procurement officer shall file a copy of the determination in the procurement file.

D.      The agency chief procurement officer shall only disclose responsibility information furnished by an offeror in accor- dance with A.R.S. § 41-2540.

E.       For the offeror awarded a contract, the agency chief procure- ment officer’s signature on the contract constitutes a determi- nation that the offeror is responsible.

Historical Note

New Section made by final rulemaking at 12 A.A.R. 508, effective April 8, 2006 (Supp. 06-1).