La. Admin. Code tit. 34 § V-1505

Current through Register Vol. 50, No. 9, September 20, 2024

Section V-1505 - Standards of Responsibility [Formerly LAC 34:I.1505]

A. Standards

1. A reasonable inquiry to determine the responsibility of a bidder or proposer may be conducted in accordance with R.S. 39:1606. The following standards, as they relate to the particular procurement under consideration, may be used, but is not limited to the following:

a. has adequate financial resources for performance; or, has the ability to obtain such resources as required during performance;

b. has the necessary experience, organizations, technical qualifications, skills, and facilities, or has the ability to obtain them (including probable subcontractor arrangements);

c. is able to comply with the proposed or required time of delivery or performance schedule;

d. has a satisfactory record of integrity, judgment and performance (contractors who are seriously delinquent in current contract performance, considering the number of contracts and the extent of delinquencies of each, shall in the absence of evidence to the contrary or evidence of compelling circumstances, be presumed to be unable to fulfill the requirement);

e. is otherwise qualified and eligible to receive an award under applicable laws and regulations.

2. Before making a determination of responsibility, the Office of State Procurement; or, the head of the using agency, shall have sufficient current information to satisfy himself that the prospective contractor meets the standards in Subsections A and B of this Section. Information from the following sources may be utilized before making a determination of responsibility:

a. information from the prospective contractor, including representations and other data contained in proposals, or other written statements or commitments, such as financial assistance and subcontracting arrangements;

b. other existing information within the agency, including financial data, the list of debarred and ineligible bidders and records concerning contractor performance;

c. publications, including credit ratings and trade and financial journals;

d. other sources, including banks, other financial companies, and state departments and agencies.

3. When applicable, to the extent that a prospective contractor cannot meet the standard in Paragraph A.2 of this Section except by means of proposed subcontracting, the prospective prime contractor shall not be considered to be responsible unless recent performance history indicates an acceptable subcontracting system or prospective major subcontractors are determined by the Office of State Procurement or the head of the using agency to satisfy that standard.

4. Nothing herein shall prevent the procurement officer from establishing additional responsibility standards, provided that these additional standards are set forth in the solicitation.

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.

La. Admin. Code tit. 34, § V-1505

Promulgated by the Office of the Governor, Division of Administration, Office of State Purchasing, LR 8:333 (July 1982), repromulgated LR 21:566 (June 1995), LR 40:1359 (July 2014), Amended by the Office of the Governor, Division of Administration, Office of State Procurement, LR 44757 (4/1/2018).

AUTHORITY NOTE: Promulgated in accordance with R.S. 39:1581.