Ariz. Admin. Code § R18-15-814 - Responsibility of Offerors

A. The Authority shall determine, at any time during the evaluation period and before Award, whether an Offeror is responsible or nonresponsible. A finding of nonresponsibility shall not be construed as a violation of the rights of any Person.

B. The unreasonable failure of an 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 Offeror.

C. Information furnished by an Offeror pursuant to this section shall not be disclosed outside of the Authority without prior written consent by the Offeror except to law enforcement agencies.

D. The Authority may consider the following factors before determining that an Offeror is responsible or nonresponsible:

1. The Offeror's financial, Business, personnel, or other resources, including Subcontractors;

2. The Offeror's record of performance and integrity;

3. Whether the Offeror has been debarred or suspended;

4. Whether the Offeror is legally qualified to contract with the Authority;

5. Whether the Offeror promptly supplied all requested information concerning its responsibility; and

6. Whether the Offeror meets any responsibility criteria specified in the Solicitation.

E. The Authority shall promptly notify the Offeror in writing of the final determination that the Offer is nonresponsible unless the Authority determines notification to the Offeror would compromise the Authority's ability to negotiate with other Offerors. The Authority shall file a copy of the determination in the Procurement File.

F. For the Offeror awarded a Contract, the Authority's signature on the Contract constitutes a determination that the Offeror is responsible.

Notes

Ariz. Admin. Code § R18-15-814

New Section made by final expedited rulemaking at 30 A.A.R. 806, effective 4/3/2024.