Ala. Admin. Code r. 355-4-3-.10

Current through Register Vol. 43, No. 1, October 31, 2024

Section 355-4-3-.10 - Responsibility Of Bidders And Offerors

(1) Application. A determination of responsibility or nonresponsibility shall be governed by this Rule.

(2) Standards of Responsibility.

(a) Standards. Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective contractor has:

1. available the appropriate financial, material, equipment, facility, and personnel resources and expertise, or the ability to obtain them, necessary to indicate its capability to meet all contractual requirements;

2. a satisfactory record of performance;

3. a satisfactory record of integrity;

4. qualified legally to contract with the State; and

5. supplied all necessary information in connection with the inquiry concerning responsibility.

(b) Information Pertaining to Responsibility. The prospective contractor shall supply information requested by the Procurement Officer concerning the responsibility of such contractor. If such contractor fails to supply the requested information, the Procurement Officer shall base the determination of responsibility upon any available information or may find the prospective contractor nonresponsible if such failure is unreasonable.

(3) Ability to Meet Standards. The prospective contractor may demonstrate the availability of necessary financing, equipment, facilities, expertise, and personnel by submitting upon request:

(a) evidence that such contractor possesses such necessary items;

(b) acceptable plans to subcontract for such necessary items; or

(c) a documented commitment from, or explicit arrangement with, a satisfactory source to provide the necessary items.

(4) Duty Concerning Responsibility. Before awarding a contract, the Procurement Officer must be satisfied that the prospective contractor is responsible.

(5) Written Determination of Nonresponsibility Required. If a bidder or offeror who otherwise would have been awarded a contract is found nonresponsible, a written determination of nonresponsibility setting forth the basis of the finding shall be prepared by the Chief Procurement Officer or the head of a Purchasing Agency. A copy of the determination shall be sent promptly to the nonresponsible bidder or offeror. The final determination shall be made part of the procurement file.

Ala. Admin. Code r. 355-4-3-.10

Adopted by Alabama Administrative Monthly Volume XL, Issue No. 09, June 30, 2022, eff. 8/14/2022; operative 10/1/2022.

Amended by Alabama Administrative Monthly Volume XLI, Issue No. 06, March 31, 2023, eff. 5/15/2023.

Renumbered from 355-4-3-.09

Author: Department of Finance, Legal Division

Statutory Authority:Code of Ala. 1975, § 41-4-139.