Section R7-2-1076. Responsibility of Bidders and Offerors

A.      The school district shall make a written determination that a bidder or offeror is responsible before awarding a contract to that bidder or offeror.

B.       If the school district determines a bidder or offeror is nonre- sponsible, the school district shall promptly send a determina- tion to the bidder or offeror stating the basis for the determination. The school district shall file a copy of the deter- mination in the procurement file.

C.      A finding of nonresponsibility shall not be construed as a vio- lation of the rights of any person.

D.      If the school district included specific responsibility criteria in the solicitation, such criteria shall be considered in determin- ing if a bidder or offeror is responsible.

E.       Factors to be considered in determining if a bidder or offeror is responsible may include:

1.        The bidder or offeror’s financial, material, personnel or other resources, including subcontracts;

2.        The bidder or offeror’s record of performance and integ- rity;

3.        Whether the bidder or offeror has been debarred or sus- pended; and

4.        Whether the bidder or offeror is qualified legally to con- tract with the school district.

F.       The unreasonable failure of a bidder or offeror to promptly supply information in connection with an inquiry with respect to responsibility shall be grounds for a determination of nonre- sponsibility with respect to the bidder or offeror.

G.      As required by A.R.S. § 41-2540(B), information furnished by a bidder or offeror pursuant to this Section shall not be dis- closed outside of the school district without prior written con- sent by the bidder or offeror except to law enforcement agencies.

Historical Note

Adopted effective December 17, 1987 (Supp. 87-4). Amended by final exempt rulemaking at 21 A.A.R. 1525, effective July 1, 2015 (Supp. 15-3).