Ariz. Admin. Code § 7-2-1076

Current through Register Vol. 30, No. 37, September 13, 2024

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 nonresponsible, the school district shall promptly send a determination to the bidder or offeror stating the basis for the determination. The school district shall file a copy of the determination in the procurement file.

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

D. If the school district included specific responsibility criteria in the solicitation, such criteria shall be considered in determining 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 integrity;

3. Whether the bidder or offeror has been debarred or suspended; and

4. Whether the bidder or offeror is qualified legally to contract 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 nonresponsibility 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 disclosed outside of the school district without prior written consent by the bidder or offeror except to law enforcement agencies.

Ariz. Admin. Code § R7-2-1076

Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.