(a) Responsibility of bidders and offerors. Awards shall be made only to responsible contractors.

(1) Responsibility factors. To be determined responsible, a prospective contract must;

(a) Have adequate financial resources to perform the contract or the ability to obtain them;

(b) Be able to comply with the required delivery or performance schedule;

(c) Have a satisfactory performance record;

(d) Have a satisfactory record of integrity and business ethics;

(e) Have the necessary organization, experience, and skills (or ability to obtain them) , required to successfully perform the contact;

(f) Have the necessary production, construction, and technical equipment and facilities (or the ability to obtain them) ; and

(g) Be otherwise qualified and eligible to receive an award under applicable laws and rules.

(2) Obtaining information. Prior to award, the government official delegated authority to execute and administer a contract shall obtain information from the bidder or offeror necessary to make a determination of responsibility using the factors in paragraph (1) above. The unreasonable failure of a bidder or offeror to promptly supply information in connection with an inquiry with request to responsibility may be grounds for a non-responsibility determination under paragraph (4) below. Information furnished by a bidder or offeror pursuant to this paragraph may not be disclosed outside of the office of the chief procurement officer or the purchasing agency without prior written consent by the bidder or offeror.

(3) Responsibility determination. The signing of a contract shall constitute a determination that the prospective contractor is responsible.

(4) Nonresponsibility determination. When a bid or proposal on which a contract award would otherwise be made is rejected because the prospective contractor is found to be non responsible, a written determination shall be signed by the government official delegated authority to execute the contract and shall state the basis for the determination. The determination shall be placed in the contract file.

(b) Pre-Qualification. Prospective suppliers of goods or services may be prequalified for a particular types of construction, goods, and services when determined necessary by the chief procurement officer.Opportunity for qualification before solicitation shall be afforded to all suppliers. Solicitation mailing lists of potential contractors shall include but shall not be limited to pre-qualified suppliers.

History: Rule 5-84, eff11 Jul 84, (part).