(A) Responsibility of offeror for public works projects.
(1) The purchasing agency shall consider the following factors when determining if an offeror is responsible:
(a) The ability and capacity of the offeror to provide the supplies or service;
(b) The integrity, character and reputation of the offeror; and
(c) The competency and experience of the offeror.
(2) If a purchasing agency determines that an offeror is not responsible, that determination must be made in writing by the purchasing agent.
(3) If a purchasing agency requires additional information to be provided by the offeror, in writing, and the offeror fails to provide the additional information, then the offeror may not be considered responsible. Any information that is provided by the offeror in accordance with this section, shall not be disclosed outside the purchasing agency without the offeror’s prior written consent.
(4) An offeror must be registered with the Secretary of State.
(5) If requested by the purchasing agent, an offeror must provide evidence of financial responsibility by bond or certified check in an amount of 10% of the contract price or other evidence specified in the solicitation.
(6) An offeror must file with the purchasing agency an affirmation, made under the penalties for perjury, that states the following:
(a) The offeror has not entered into a combination or an agreement: relative to the price to be offered by a person; to prevent a person from making an offer; or to induce a person to refrain from making an offer; and
(b) The offeror’s offer is made without reference to any other offer.
(B) Responsiveness of the offeror for public works project. The purchasing agency shall consider the following factors when determining if an offeror is responsive:
(1) Whether the offeror has submitted an offer that conforms in all material respects to the specifications;
(2) Whether the offeror has submitted an offer that complies specifically with the solicitation and the instructions to offerors; and
(3) Whether the offeror has complied with all applicable statutes, ordinances, resolutions or rules pertaining to the award of a public contract.
(BC Ord. 2018-002, passed 3-5-2018)