§ 39.18  QUALIFICATIONS, RESPONSIBILITIES OF BIDDERS AND PROSPECTIVE CONTRACTORS.
   (A)   Responsibility of bidders and offerors.
      (1)   Determination of non-responsibility. A written determination of non-responsibility of a bidder or offeror shall be made in accordance with the provisions of Rule R2-7-B313, Chapter 23 of the Arizona Procurement Code. The unreasonable failure of a bidder or offeror 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 the bidder or offeror.
      (2)   Right of nondisclosure. Confidential information furnished by a bidder or offeror pursuant to this subchapter shall not be disclosed by the city outside of the office of the Chief Procurement Officer, or using agency, without prior written consent by the bidder or offeror. For confidential information to be protected, respondents must clearly designate, in writing, any trade secrets or other proprietary information, using the term "confidential" within the response, and the city must agree to keep such information protected, in accordance with Arizona State Law.
   (B)   Substantiation of offered prices.  A prospective contractor shall have the obligation of providing information or certifications as to the completeness and accuracy of the pricing data submitted with all proposals in accordance with administrative procedures established by the Chief Procurement Officer.
      (1)   Required submissions relating to change order, amendments, or contract modifications. A contractor shall submit cost or pricing data prior to the pricing of any change order or contract modification, including adjustments to contracts awarded by competitive sealed bidding, whether or not cost or pricing data was required in connection with the initial pricing of the contract, except that the submission of cost or pricing data relating to the pricing of a change order or contract modification is not required when it is determined by the Chief Procurement Officer that the requirements of this division may be waived, and the determination states the reasons for the waiver.
('76 Code, § 3-8-3) (Ord. 903, passed 7-23-92; Am. Ord. 2008-012, passed  6-12-08; Am. Ord. 2016-008, passed 12-8-16)