25 IAC 1.1-1-14 Qualifications and duties of bidders, offerors, and prospective contractors; determination of nonresponsible bidder

Sec. 14. (a) As follows, factors to be considered in determining whether the standard of responsibility has been met include whether a prospective contractor has: (1) Available the: (A) appropriate: (i) financial; (ii) material; (iii) equipment; (iv) facility; and (v) personnel resources and expertise; or (B) ability to obtain them; necessary to indicate its capability to meet all contractual requirements. (2) A satisfactory record of the following: (A) Performance, including past performance and cooperation with the state. (B) Integrity. (3) Qualified legally to contract with the state. (4) Supplied all requested information in connection with the inquiry concerning responsibility. This section shall not prevent the department from establishing additional responsibility standards for a particular procurement, provided that they are set forth in the solicitation. (b) The prospective contractor shall supply information requested by the department concerning the responsibility of the contractor. If the contractor fails to supply the requested information, the department: (1) shall base the determination of responsibility upon any available information; or (2) may find the prospective contractor nonresponsible if the failure to respond is unreasonable. (c) The prospective contractor may demonstrate the availability of necessary financing, equipment, facilities, expertise, and personnel by submitting any of the following upon request: (1) Evidence that the contractor possesses the items. (2) Acceptable plans to subcontract for the items. (3) A documented commitment from, or explicit arrangement with, a satisfactory source to provide the items. (d) Before awarding a contract, the department must be satisfied that the prospective contractor is responsible. (e) If a bidder or offeror is found nonresponsible, a written determination of nonresponsibility setting forth the basis of the finding shall be: (1) prepared by the commissioner or department; and (2) made part of the contract file. A copy of the determination shall be sent promptly to the nonresponsible bidder or offeror.