A. Responsibility factors. To be determined responsible, a prospective contract must:

1. have adequate financial resources to perform the contract, or the ability to obtain them;

2. be able to comply with the required delivery or performance schedule;

3. have a satisfactory performance record;

1. have the necessary organization, experience, and skills, (or the ability to obtain them), required to successfully perform the contract;

2. have the necessary production, construction, and technical equipment and facilities (or the ability to obtain them); and

3. be otherwise qualified and eligible to receive an award under applicable laws and rules.

B. Obtaining information. Prior to award, the LBJ official delegated authority to execute and administer a contract shall obtain information form the bidder of 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 injury with request to responsibility may be grounds for a non-responsibility determination under paragraph (4) below. Information furnished by bidder or offeror pursuant to this paragraph may not be disclosed outside of the LBJ Chief Procurement Officer without prior written consent by the offeror.

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

D. Non-responsibility 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 LBJ official delegated authority to execute the contract and shall state the basis for the determination. The determination shall be placed in the contract file.

History: Rule 8, eff. March 3, 1999.