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(a) Determination of Nonresponsibility. The Procurement Officer may determine that a bidder or offeror is nonresponsible. 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 nonresponsibility.

(b) Application. A determination of responsibility or nonresponsibility shall be governed by this chapter.

(c) Factors of Responsibility. When determining whether a bidder or offeror is nonresponsible, the Procurement Officer will consider whether the bidder or offeror has:

(1) The appropriate financial, material, equipment, facility, and personnel resources and expertise available, or the ability to obtain them, necessary to indicate its capability to meet all contractual requirements;

(2) A satisfactory record of performance;

(3) A satisfactory record of integrity;

(4) Qualified legally to contract with WSSC; and

(5) Supplied all necessary information in connection with the inquiry concerning responsibility.

(d) Information Pertaining to Responsibility. The bidder or offeror shall supply information requested by the Procurement Officer concerning the responsibility of such bidder or offeror. If such bidder or offeror fails to supply the requested information, the Procurement Officer shall base the determination of responsibility upon any available information or may find the bidder or offeror nonresponsible if such failure is unreasonable.

(e) Ability to Demonstrate Responsibility. The bidder or offeror may demonstrate the availability of necessary financing, equipment, facilities, expertise, and personnel by submitting upon request:

(1) Evidence that such contractor possesses such necessary items;

(2) Acceptable plans to subcontract for such necessary items; or

(3) A documented commitment from or explicit arrangement with a satisfactory source to provide the necessary items.

(f) Duty Concerning Responsibility. Before awarding a contract, the Procurement Officer must be satisfied that the prospective contractor is responsible.

(g) Written Determination of Nonresponsibility Required. If a bidder or offeror who otherwise would have been awarded a contract is found nonresponsible, a written determination of nonresponsibility setting forth the basis of the finding shall be prepared by the Chief Procurement Officer in conjunction with the using department. A copy of the determination shall be sent promptly to the nonresponsible bidder or offeror. The final determination shall be made part of the procurement file. (Procurement regulations § 4-401, dated August 1, 2012)