Section R2-7-C312. Responsibility Determinations

A.      An agency chief procurement officer shall determine, at any time during the evaluation period and before award, that an offeror is responsible or nonresponsible.

B.       The agency chief procurement officer may 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, including 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   any  responsibility   criteria specified in the solicitation.

C.      The agency chief procurement officer shall promptly notify the offeror in writing of the final determination that the offer is nonresponsible unless the agency chief procurement officer determines notification to the offeror would compromise the state’s ability to negotiate with other offerors. The agency chief procurement office 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(B).

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).