(A) Among factors that may be considered in determining whether the standard of responsibility has been met are whether a prospective contractor:
(1) Has available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain them, necessary to indicate capability to meet all contractual requirements;
(2) Has a satisfactory record of integrity;
(3) Is qualified legally to contract with the city;
(4) Has not failed to supply any necessary information in connection with the inquiry concerning the responsibility;
(5) Has a satisfactory record of past performance; and
(6) Has not acted in any manner to circumvent or fail to comply with solicitation, award or administration of a contract ordinances, policies or procedures of the city.
(B) Nothing shall prevent the city from establishing additional responsibility standards for a particular procurement, provided that these additional standards are set forth in the solicitation, or from using past performance with the city as a reference.
(C) A prospective contractor must supply information requested by the City Administrator concerning the responsibility of the contractor in a timely and convincing manner. If the contractor fails to supply the requested information, the city shall base the determination of responsibility upon any available information or may find the prospective contractor non-responsible.
(D) The prospective contractor may demonstrate the availability of necessary financing, equipment, facilities, expertise and personnel by submitting upon request:
(1) Evidence that the contractor possesses the necessary items;
(2) Acceptable plans to subcontract for the necessary items; or
(3) A documented commitment from, or explicit arrangement with, a satisfactory source to provide the necessary items.
(E) If a bidder or offeror who otherwise would have been awarded a contract is found nonresponsible, a written determination of non-responsibility setting forth the basis of the finding must be prepared by the City Administrator. The determination must be made part of the procurement file and a copy of the determination mailed to the affected bidder or offeror.
(Ord. 173, passed 9-10-2001)