27 Miss. Code. R. 100-3-401 - RESPONSIBILITY OF BIDDERS, OFFERORS, AND RESPONDENTS

3-401.01 General Provisions

(a) Determination of Non-responsibility: A written determination of non-responsibility of a bidder, offeror, or respondent shall be made and maintained in the agency's procurement file. The unreasonable failure of a bidder, offeror, or respondent to promptly supply information in connection with an inquiry with respect to responsibility may be grounds for a determination of non-responsibility with respect to such bidder, offeror, or respondent.

(b) Right of Nondisclosure: Disclosure of information furnished by a bidder, offeror, or respondent pursuant to this section outside of the office of the purchasing agency is subject to the provisions of Mississippi Code Annotated §§ 25-61-1 et seq., and 79-23-1.

3-401.02 Application

A written determination of responsibility or non-responsibility shall be made as provided herein and maintained in the agency's procurement file.

3-401.03 Standards of Responsibility

3-401.03.1 Standards

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

(a) 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;

(b) a satisfactory record of performance;

(c) a satisfactory record of integrity;

(d) qualified legally to contract with the State; and,

(e) supplied all necessary information in connection with the inquiry concerning responsibility.

3-401.03.2 Information Pertaining to Responsibility

The prospective contractor shall supply information requested by the Procurement Officer concerning the responsibility of such contractor. If the 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 non-responsible if such failure is unreasonable.

3-401.04 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 possess 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.

3-401.05 Duty Concerning Responsibility

Before awarding a contract, the Procurement Officer must be satisfied that the prospective contractor is responsible.

3-401.06 Written Determination of Non-responsibility Required

If a bidder, offeror, or respondent is found non-responsible, a written determination of non-responsibility setting forth the basis of the finding shall be prepared by the Agency Head. A copy of the determination shall be sent promptly to the non-responsible bidder, offeror, or respondent. The final determination shall be made part of the agency's procurement file.

Notes

27 Miss. Code. R. 100-3-401

Adopted 1/15/2015 Amended 1/15/2015 Amended 4/14/2016 Amended 7/1/2016