Bidder Responsibility
AlabamaResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
AL ST § 39-2-6
Citation Language:
a) The contract shall be awarded to the lowest responsible and responsive bidder, unless the awarding authority finds that all the bids are unreasonable or that it is not to the interest of the awarding authority to accept any of the bids. A responsible bidder is one who, among other qualities determined necessary for performance, is competent, experienced, and financially able to perform the contract...
AlaskaResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
2 AAC 12.500
Citation Language:
(a) Factors that may be considered in determining whether a prospective contractor is responsible include whether the prospective contractor (1) has a satisfactory record of performance; (2) is qualified legally to contract with the state; and (3) has supplied all necessary information in connection with the inquiry concerning responsibility. (b) The procurement officer may require the prospective contractor to demonstrate the availability of necessary financing, equipment, facilities, expertise, and personnel, by submitting (1) evidence that the contractor possesses the necessary items; (2) acceptable plans to subcontract for the necessary items; (3) a documented commitment from, or explicit arrangement with, a satisfactory source to provide the necessary items; or (4) other information required by the procurement officer. (c) The state's determination of responsibility does not relieve the contractor from the requirements for performance under the contract. (d) If a prospective contractor supplies information in response to a request for information made by a procurement officer under (b) of this section, information supplied in response to the request is confidential and may not be disclosed unless the prospective contractor gives prior written consent to its disclosure.
Public Link:
ArizonaResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
AZ ADC R2-7-B313
Citation Language:
A. The agency chief procurement officer shall determine before an award whether an offeror is responsible or nonresponsible. B. The agency chief procurement officer shall consider the following factors before determining that an offeror is responsible or nonresponsible: 1. The offeror's financial, business, personnel, or other resources, such as subcontractors; 2. The offeror's record of performance and integrity; 3. Whether the offeror has been debarred or suspended; 4. Whether the offeror is legally qualified to contract with the state; 5. Whether the offeror promptly supplied all requested information concerning its responsibility; and 6. Whether the offeror meets the responsibility criteria specified in the solicitation. C. If the agency chief procurement officer determines an offeror is nonresponsible, the agency chief procurement officer shall promptly send a determination to the offeror stating the basis for the determination. The agency chief procurement officer shall file a copy of the determination in the procurement file. D. The agency chief procurement officer shall only disclose responsibility information furnished by an offeror in accordance with A.R.S. § 41-2540. E. For the offeror awarded a contract, the agency chief procurement officer's signature on the contract constitutes a determination that the offeror is responsible.
ArkansasResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
AR ST § 19-11-235
Citation Language:
(a)(1) A determination of nonresponsibility of a bidder or offeror shall be made in accordance with rules promulgated by the State Procurement Director. (2) A reasonable inquiry to determine the responsibility of a bidder or offeror may be conducted. (3) The unreasonable failure of a bidder or offeror to promptly supply information in connection with such an inquiry may be grounds for a determination of nonresponsibility with respect to such bidder or offeror. (4) If a bidder or offeror is determined to be nonresponsible, the reasons therefor shall be included in the determination. (b)(1) Except as otherwise provided by law, information furnished by a bidder or offeror pursuant to this section shall not be disclosed outside of the Office of State Procurement or the procurement agency without prior written consent by the bidder or offeror. (2) This section is not intended to prohibit the office from disclosing such information to the Governor, the Attorney General, or the Secretary of the Department of Transformation and Shared Services when any of those officers deems it necessary. (c) The director or the agency procurement official may require the posting of a bid bond, a performance bond, or a similar assurance by any actual or prospective bidder, offeror, or contractor, under rules promulgated under this subchapter.
CaliforniaResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
CA PUB CONT § 1103
Citation Language:
“Responsible bidder,” as used in this part, means a bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract. The Legislature finds and declares that this section is declaratory of existing law.
ColoradoResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
CO ST § 24-101-301
Citation Language:
(38) “Responsible” means the capability in all respects to perform fully the contract requirements and the integrity and reliability that will assure good faith performance.
ConnecticutResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
CT ST § 4a-59
Citation Language:
(c)...In considering past performance of a bidder for the purpose of determining the “lowest responsible qualified bidder” or the “highest scoring bidder in a multiple criteria bid”, the commissioner shall evaluate the skill, ability and integrity of the bidder in terms of the bidder's fulfillment of past contract obligations and the bidder's experience or lack of experience in delivering supplies, materials, equipment or contractual services of the size or amount for which bids have been solicited....
DelawareResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
DE ST TI 29 § 6924
Citation Language:
(m) Responsibility of offerors.--An agency shall determine that an offeror is responsible before awarding a contract to that offeror. Factors to be considered in determining if an offeror is responsible include: (1) The offeror's financial, physical, personnel or other resources, including subcontracts; (2) The offeror's record of performance and integrity; (3) Whether the offeror is qualified legally to contract with the State; (4) Whether the offeror supplied all necessary information concerning its responsibility; and (5) Any other specific criteria for a particular procurement which an agency may establish; provided, that the criteria shall be set forth in the solicitation and is otherwise in conformity with state and/or federal law.
District of ColumbiaResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
DC CODE § 2-353.02
Citation Language:
(a) Prior to awarding a contract, the District shall make a determination, in accordance with the process established under § 2-353.01, that the prospective contractor has the necessary capacity to perform in accordance with the terms and conditions of the contract. (b) For all contracts to exceed $100,000, a potential contractor shall complete and submit with its bid or offer a certification developed by OCP to provide information needed to determine if a prospective contractor is responsible. The certification shall be signed under the penalty of perjury. (c) After the contract is awarded, if the District learns that the contractor certified false information, the District may terminate the contract. The contractor shall update its responses in the certification during the term of the contract within 60 days of a material change in a response to its prior questionnaire and prior to the exercise of an option year contract. The District may consider failure of the contractor to update the certification with this information as material breach of the contract and invoke remedies pursuant to the provisions of this chapter. Information within the certification may be made available to the public, except to the extent that any information is exempt from disclosure. (d) A determination by the CPO that a prospective contractor is non-responsible shall be final. The determination of non-responsibility shall not be overturned unless arbitrary or capricious. (e) Upon determining that a prospective contractor is non-responsible, the CPO shall consider whether the contractor should be suspended or debarred pursuant to the procedure and criteria of § 2-359.07. (f) Contractors shall ensure that their subcontractors meet the criteria for responsibility pursuant to § 2-353.01. (g) Information about a prospective or current contractor relevant to a contractor's responsibility, or lack thereof, may be submitted for consideration to the CPO by a member of the general public.
FloridaResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
FL ST § 287.012
Citation Language:
(25) “Responsible vendor” means a vendor who has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance.
GeorgiaResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
GA ST § 36-91-2
Citation Language:
(13) “Responsible bidder” or “responsible offeror” means a person or entity that has the capability in all respects to perform fully and reliably the contract requirements.
GuamResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
GCA 5-3-A-§5201
Citation Language:
(f) Responsible Bidder or Officer means a person who has the capability in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance.
HawaiiResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
HI ST § 103D-310
Citation Language:
(a) Unless the policy board, by rules, specifies otherwise, before submitting an offer, a prospective offeror, not less than ten calendar days prior to the day designated for opening offers, shall give written notice of the intention to submit an offer to the procurement officer responsible for that particular procurement. (b) Whether or not an intention to bid is required, the procurement officer shall determine whether the prospective offeror has the financial ability, resources, skills, capability, and business integrity necessary to perform the work. For this purpose, the officer, in the officer's discretion, may require any prospective offeror to submit answers, under oath, to questions contained in a standard form of questionnaire to be prepared by the policy board. Whenever it appears from answers to the questionnaire or otherwise, that the prospective offeror is not fully qualified and able to perform the intended work, a written determination of nonresponsibility of an offeror shall be made by the head of the purchasing agency, in accordance with rules adopted by the policy board. The unreasonable failure of an offeror to promptly supply information in connection with an inquiry with respect to responsibility may be grounds for a determination of nonresponsibility with respect to such offeror. The decision of the head of the purchasing agency shall be final unless the offeror applies for administrative review pursuant to section 103D-709. (c) All offerors, upon award of contract, shall comply with all laws governing entities doing business in the State, including chapters 237, 383, 386, 392, and 393. Offerors shall produce documents to the procuring officer to demonstrate compliance with this subsection. Any offeror making a false affirmation or certification under this subsection shall be suspended from further offerings or awards pursuant to section 103D-702. The procuring officer shall verify compliance with this subsection for all contracts awarded pursuant to sections 103D-302, 103D-303, 103D-304, and 103D-306, and for contracts and procurements of $2,500 or more awarded pursuant to section 103D-305; provided that the attorney general may waive the requirements of this subsection for contracts for legal services if the attorney general certifies in writing that comparable legal services are not available in this State. (d) Information furnished by an offeror pursuant to this section shall not be disclosed to any person except to law enforcement agencies as provided by chapter 92F.
IdahoResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
ID ADC 38.05.01.081
Citation Language:
03. Responsibility. (4-6-23) a. Nothing herein shall prevent the buyer from establishing additional responsibility standards for a particular purchase. Factors to be considered in determining whether a vendor is responsible include, whether the vendor has: (4-6-23) i. 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; (4-6-23) ii. A satisfactory record of integrity; (4-6-23) iii. Qualified legally to contract with the purchasing authority and qualified to do business in the state of Idaho; (4-6-23) iv. Unreasonably failed to supply any necessary information in connection with the inquiry concerning responsibility; (4-6-23) v. Requisite experience; or (4-6-23) vi. A satisfactory prior performance record, if applicable. (4-6-23)
IllinoisResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
IL ST CH 30 § 500/1-15.80
Citation Language:
Responsible bidder, potential contractor, or offeror. “Responsible bidder, potential contractor, or offeror” means a person who has the capability in all respects to perform fully the contract requirements and the integrity and reliability that will assure good faith performance. A responsible bidder or offeror shall not include a business or other entity that does not exist as a legal entity at the time a bid or offer is submitted for a State contract.
IndianaResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
IN ST 36-1-2-15.5
Citation Language:
Sec. 15.5. (a) “Responsible bidder or quoter” means one who is capable of performing the contract requirements fully and who has the integrity and reliability that will assure good faith performance. (b) “Responsive bidder or quoter” means one who has submitted a bid or quote conforming in all material respects to the specifications.
IowaResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
IA ADC 11-117.2(8A)
Citation Language:
“Responsible bidder” means a vendor that has the capability in all material respects to perform the contract requirements. In determining whether a vendor is a responsible bidder, the department may consider various factors including, but not limited to, the vendor's competence and qualification for the type of good or service required, the vendor's integrity and reliability, the past performance of the vendor relative to the quality of the good or service, the past experience of the department in relation to the vendor's performance, the relative quality of the good or service, the proposed terms of delivery, and the best interest of the state.
KansasResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
No
KentuckyResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
KY ST § 45A.070
Citation Language:
(6) “Responsible bidder or offeror” means a person who has the capability in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance.
LouisianaResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
LA R.S. 39:1556(49)
Citation Language:
(49) “Responsible bidder or proposer” means a person who has the capability in all respects to perform the contract requirements and the integrity and reliability which will assure good faith performance.
Public Link:
MaineResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
ME ADC 18-554 Ch. 101
Citation Language:
Responsible bidder. No department, agency, commission or institution of state government shall purchase or enter into any contract for the purchase of any products manufactured, sold or distributed by any corporation, partnership, person or other legal entity determined by the State Purchasing Agent not to be a responsible bidder. Corporations, partnerships, person or other legal entities shall not be considered responsible bidders upon a finding of historic and continuing violation of the labor laws of the State of Maine and/or of the United States.
MarylandResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
MD ADC 21.06.01.01
Citation Language:
B. A procurement officer may find that a person is not a responsible bidder or offeror for: (1) Unreasonable failure to supply information promptly in connection with a determination of responsibility under this chapter; or (2) Any other reason indicating that the person does not have: (a) The capability in all respects to perform fully the contract requirements, or (b) The integrity and reliability that will assure good faith performance.
MassachusettsResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
MA ST 30B § 2
Citation Language:
“Responsible bidder or offeror”, a person who has the capability to perform fully the contract requirements, and the integrity and reliability which assures good faith performance.
MichiganResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
Michigan Procurement Policy Manual Chapter 8.4.3 Step 3 - Determining if a Vendor is Responsible
Citation Language:
The Solicitation Manager must next determine if the vendor submitting a proposal is responsible. A responsible vendor is a vendor that demonstrates it has the ability to successfully perform the duties identified by the solicitation. In determining if a vendor is “responsible” the Solicitation Manager should consider the following, or similar factors: • Documented and investigated Vendor Performance (https://stateofmichigan.sharepoint.com/teams/insidemi/Purchasing/Pages/IssueResolution.aspx) • Vendor debarment, suspension, or disqualification from bidding or contracting with a governmental entity • Vendor involvement in litigation against the State • Vendor default or termination for cause on a government contract, including the state of Michigan within the past five years • Vendor default or termination for cause on a private contract by any private entity in which similar services or products are being provided within the past five years • Vendor’s financial stability • Vendor meets all certification requirements on SIGMA Vendor Self Service (VSS) • Vendor is able to comply with all legal requirements identified in the solicitation • Vendors answers to questions on the Vendor Questions Worksheet • Vendor history on State Contract Monitoring Reports or Contract Compliance Reports Any vendor that is not responsible, as determined by the Solicitation Manager, and in consultation with the Procurement Executive, may not move to Step 4.
MinnesotaResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
MN ADC 1230.0150
Citation Language:
"Responsible vendor" means a vendor who: A. is a manufacturer of, deals in, but is not a broker of, or is the agent of a manufacturer with full knowledge of supplies to be furnished; or B. if services are to be provided, has the necessary skills or is in the business of supplying these services; and § C. can demonstrate a satisfactory credit standing, lack of delinquent tax liability, and the financial capability to perform a contract as evidenced by the ability to obtain bonding when required; and D. has no unresolved record of failure to perform, or of unsatisfactory performance of, contracts for the state or other customers; and E. is not currently debarred by another government entity for any cause including defaults on contracts, late deliveries, products not meeting specifications, substandard installation, or service; and F. is otherwise qualified under rule and law, including incorporation in or registration to do business in Minnesota; and G. has not engaged in unlawful practices, associated with organized crime, or operated under false names or fronts as a small business or a socially or economically disadvantaged small business; and H. is in compliance with all tax laws of Minnesota, as evidenced by timely filing of all required returns, reports, payments, and possession of all applicable stamps, licenses, or other permits, and freedom from any judgment, lien, or seizure of assets or property to satisfy tax payments or duties; and I. is willing to furnish all information necessary to determine responsibility as outlined in items A to H within 30 calendar days or less or within a reasonable amount of time determined by prior consensus between the bidder and the division.
Public Link:
MississippiResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
12 MS ADC Pt. 6, R. 3.101
Citation Language:
(5) Responsible Bidder or Offerer -- a person who has the capability in all respects to perform fully the contract requirements and the integrity and reliability which will assure good faith performance.
MissouriResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
7 Mo. Code of State Regulations 40-1.050(21)
Citation Language:
21) Awards are to be made to the bidder/offeror whose bid/proposal complies with—(A) All mandatory specifications and requirements of the bid/proposal; (B) Is the lowest and best bid/proposal in accordance with the evaluation methodology outlined in the bid/proposal; and (C) Complies with Chapter 34, RSMo, other applicable Missouri statutes, and all applicable Executive Orders.
MontanaResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
MT ST 18-4-301
Citation Language:
(9) "Responsible" means the capability in all respects to perform fully the contract requirements and the integrity and reliability that will ensure good faith performance.
NebraskaResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
NE ST § 81-161
Citation Language:
(1) All purchases, leases, or contracts which by law are required to be based on competitive bids shall be made to the lowest responsible bidder, taking into consideration the best interests of the state, the quality or performance of the personal property proposed to be supplied, its conformity with specifications, the purposes for which required, and the times of delivery. In determining the lowest responsible bidder, in addition to price, the following elements shall be given consideration: (a) The ability, capacity, and skill of the bidder to perform the contract required; (b) The character, integrity, reputation, judgment, experience, and efficiency of the bidder; (c) Whether the bidder can perform the contract within the time specified; (d) The quality of performance of previous contracts; (e) The previous and existing compliance by the bidder with laws relating to the contract; (f) The life-cycle costs of the personal property in relation to the purchase price and specific use of the item; (g) The performance of the personal property, taking into consideration any commonly accepted tests and standards of product usability and user requirements; (h) Energy efficiency ratio as stated by the bidder for alternative choices of appliances or equipment; (i) The information furnished by each bidder concerning life-cycle costs between alternatives for all classes of equipment, evidence of expected life, repair and maintenance costs, and energy consumption on a per-year basis; (j) The results of the United States Environmental Protection Agency tests on fleet performance of motor vehicles. Each bidder shall furnish information relating to such results; and (k) Such other information as may be secured having a bearing on the decision to award the contract.
NevadaResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
NV ST 333.340
Citation Language:
1. Every contract or order for goods must be awarded to the lowest responsible bidder. To determine the lowest responsible bidder, the Administrator: (a) Shall consider, if applicable: (1) The granting of the preference described in NRS 333.3366. (2) The required standards adopted pursuant to NRS 333.4611. (3) The certification described in NRS 333.182. (4) The granting of the preference described in NRS 333.3354. (b) May consider: (1) The location of the using agency to be supplied. (2) The qualities of the articles to be supplied. (3) The total cost of ownership of the articles to be supplied. (4) Except as otherwise provided in subparagraph (5), the conformity of the articles to be supplied with the specifications. (5) If the articles are an alternative to the articles listed in the original request for bids, whether the advertisement for bids included a statement that bids for an alternative article will be considered if: (I) The specifications of the alternative article meet or exceed the specifications of the article listed in the original request for bids; (II) The purchase of the alternative article results in a lower price; and (III) The Administrator deems the purchase of the alternative article to be in the best interests of the State of Nevada. (6) The purposes for which the articles to be supplied are required. (7) The dates of delivery of the articles to be supplied.
New HampshireResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
N.H. Code Admin. R. Tra 501.02
Citation Language:
(l) “Responsible bidder” means a bidder that the Department determines has the ability to perform the requirements of the contract through the prequalification process established under Tra 400. N.H. Code Admin. R. Env-Wq 502.46 “Responsible bidder” means an entity that: (a) Has the technical knowledge necessary to perform the contract; (b) Has adequate financial resources to perform the contract; (c) Is able to comply with the legal or regulatory requirements associated with the contract; (d) Is able to deliver according to the contract schedule; (e) Has either a history of satisfactory performance or no history of unsatisfactory performance; (f) Has good reputation regarding integrity; and (g) Has or can obtain necessary data, equipment, and facilities to perform the contract.
New JerseyResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
NJ ADC 17:12-1.3
Citation Language:
“Responsible bidder” refers to a bidding entity deemed by the Division to have integrity and to be reliable and capable of performing all contract requirements.
New MexicoResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
NM ST § 13-1-82
Citation Language:
“Responsible bidder” means a bidder who submits a responsive bid and who has furnished, when required, information and data to prove that his financial resources, production or service facilities, personnel, service reputation and experience are adequate to make satisfactory delivery of the services, construction or items of tangible personal property described in the invitation for bids.
New YorkResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
NY STATE FIN § 163
Citation Language:
c. “Responsible” or “responsibility” means the financial ability, legal capacity, integrity, and past performance of a business entity and as such terms have been interpreted relative to public procurements.
Public Link:
North CarolinaResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
1 NC ADC 5A.0112(27)
Citation Language:
(31) “Responsible Vendor” means a Vendor who demonstrates in its Offer that it has the capability to perform the requirements of the Solicitation.
North DakotaResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
ND ADC 4-12-11-04
Citation Language:
1. The procurement officer, at any time, may make a supplementary investigation as to the responsibility of any bidder or offeror, even though the bidder or offeror may be on the bidders list for the commodity or service being purchased. 2. This may include investigation of financial responsibility, insurability, effective equal employment opportunity, capacity to produce, sources of supply, performance record in the business or industry, and other matters relating to the bidder's or offeror's probable ability to deliver in the quantity and at the time required under the contract if it is awarded to the bidder or offeror. 3. The procurement officer may require the submission of written statements from the bidder or offeror or other persons concerning any related matter. If it is concluded on the basis of all available information that a particular bidder or offeror appears not to be sufficiently responsible to assure adequate performance if the contract were awarded to the bidder or offeror, the bid or proposal will be rejected even if it is the lowest bid or the best offer. 4. If a vendor is determined to be not responsible, that vendor may be debarred or suspended from the bidders list.
OhioResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
OH ST § 9.312
Citation Language:
(A) If a state agency or political subdivision is required by law or by an ordinance or resolution adopted under division (C) of this section to award a contract to the lowest responsive and responsible bidder, a bidder on the contract shall be considered responsive if the bidder's proposal responds to bid specifications in all material respects and contains no irregularities or deviations from the specifications which would affect the amount of the bid or otherwise give the bidder a competitive advantage. The factors that the state agency or political subdivision shall consider in determining whether a bidder on the contract is responsible include the experience of the bidder, the bidder's financial condition, conduct and performance on previous contracts, facilities, management skills, and ability to execute the contract properly.
OklahomaResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Other
Citation:
OK ADC 260:115-7-32(f)(2)
Citation Language:
(2) Bidder not responsible. (A) Failure to provide required information. If the solicitation specifies that suppliers submit information relating to responsibility and a bidder does not submit said information, or the State Purchasing Director determines the bidder is not responsible, the bid may be rejected. (B) Proof of insurance. Whenever applicable to a solicitation, if a supplier is unable to provide proof of workers' compensation insurance or an alternative or exemption as authorized by state law, the supplier may be found not responsible. (C) Past performance. If the State Purchasing Director has received complaints on a supplier, the supplier may be found not responsible.
Comments:
State has criteria for deeming a bidder not responsible but no explicit criteria of a responsible bidder
OregonResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
OR ST § 279B.110(2)
Citation Language:
(2) In order for a contracting agency to determine that a bidder or proposer is responsible, the bidder or proposer must demonstrate to the contracting agency that the bidder or proposer: (a) Has available the appropriate financial, material, equipment, facility and personnel resources and expertise, or has the ability to obtain the resources and expertise, necessary to meet all contractual responsibilities. (b) Completed previous contracts of a similar nature with a satisfactory record of performance. For purposes of this paragraph, a satisfactory record of performance means that to the extent that the costs associated with and time available to perform a previous contract remained within the bidder's or proposer's control, the bidder or proposer stayed within the time and budget allotted for the procurement and otherwise performed the contract in a satisfactory manner. The contracting agency shall document the bidder's or proposer's record of performance if the contracting agency finds under this paragraph that the bidder or proposer is not responsible. (c) Has a satisfactory record of integrity. The contracting agency in evaluating the bidder's or proposer's record of integrity may consider, among other things, whether the bidder or proposer has previous criminal convictions for offenses related to obtaining or attempting to obtain a contract or subcontract or in connection with the bidder's or proposer's performance of a contract or subcontract. The contracting agency shall document the bidder's or proposer's record of integrity if the contracting agency finds under this paragraph that the bidder or proposer is not responsible. (d) Is legally qualified to contract with the contracting agency. (e) Complied with the tax laws of the state or a political subdivision of the state, including ORS 305.620 and ORS chapters 316, 317 and 318. The bidder or proposer shall demonstrate compliance by attesting to the bidder's or proposer's compliance in any way the contracting agency deems credible and convenient. (f) Possesses an unexpired certificate that the Oregon Department of Administrative Services issued under ORS 279A.167 if the bidder or proposer employs 50 or more full-time workers and submitted a bid or proposal for a procurement with an estimated contract price that exceeds $500,000 in response to an advertisement or solicitation from a state contracting agency. (g) Supplied all necessary information in connection with the inquiry concerning responsibility. If a bidder or proposer fails to promptly supply information concerning responsibility that the contracting agency requests, the contracting agency shall determine the bidder's or proposer's responsibility based on available information or may find that the bidder or proposer is not responsible. (h) Was not debarred by the contracting agency under ORS 279B.130.
Public Link:
PennsylvaniaResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
PA ST 62 Pa.C.S.A. § 103
Citation Language:
“Responsible bidder.” A bidder that has submitted a responsive bid and that possesses the capability to fully perform the contract requirements in all respects and the integrity and reliability to assure good faith performance.
Puerto RicoResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
No
Rhode IslandResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
RI ST § 37-2-15
Citation Language:
(6) “Responsible bidder or offeror” shall mean a qualified bidder or offeror who has the capability in all respects, including financial responsibility, to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance.
South CarolinaResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
SC Ann § 11-35-1410(8) ; SC Reg. 19-445.2125
Citation Language:
(8) "Responsible bidder or offeror" means a person who has the capability in all respects to perform fully the contract requirements and the integrity and reliability which will assure good faith performance which may be substantiated by past performance. ; A. State Standards of Responsibility. Factors to be considered in determining whether the state standards of responsibility have been met include whether a prospective contractor has: (1) available the appropriate financial, material, equipment, facility, and personnel resources and expertise, 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 the State; and (5) supplied all necessary information in connection with the inquiry concerning responsibility.
Public Link:
South DakotaResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
South Dakota Procurement Manual, p. 6
Citation Language:
Responsible Bidder: A person who has the capability in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance.
TennesseeResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
TN ST § 12-4-801(2)
Citation Language:
(2) “Responsible bidder” means a person who has the capacity in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance; and
TexasResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
No
US Virgin IslandsResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
USVI DPP 16
Citation Language:
Responsible: The bidder possesses the ability to perform successfully under the terms and conditions of the proposed award.
UtahResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
UT ST § 63G-6a-103(73)
Citation Language:
(73) “Responsible” means being capable, in all respects, of: (a) meeting all the requirements of a solicitation; and (b) fully performing all the requirements of the contract resulting from the solicitation, including being financially solvent with sufficient financial resources to perform the contract.
VermontResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
No
VirginiaResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
VA ST § 2.2-4301
Citation Language:
“Responsible bidder” or “offeror” means a person who has the capability, in all respects, to perform fully the contract requirements and the moral and business integrity and reliability that will assure good faith performance, and who has been prequalified, if required. “Responsive bidder” means a person who has submitted a bid that conforms in all material respects to the Invitation to Bid.
WashingtonResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
WA ST 39.26.160(2)
Citation Language:
(2) In determining whether the bidder is a responsible bidder, the agency must consider the following elements: (a) The ability, capacity, and skill of the bidder to perform the contract or provide the service required; (b) The character, integrity, reputation, judgment, experience, and efficiency of the bidder; (c) Whether the bidder can perform the contract within the time specified; (d) The quality of performance of previous contracts or services; (e) The previous and existing compliance by the bidder with laws relating to the contract or services; (f) Whether, within the three-year period immediately preceding the date of the bid solicitation, the bidder has been determined by a final and binding citation and notice of assessment issued by the department of labor and industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW; and (g) Such other information as may be secured having a bearing on the decision to award the contract.
West VirginiaResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
WV ST § 5A-1-1
Citation Language:
(16) “Responsible bidder” means a vendor who has the capability to fully perform the contract requirements, and the integrity and reliability which will assure good-faith performance
Public Link:
WisconsinResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
WI ADC § Adm 21.02(8)(c)
Citation Language:
(c) Responsible bidder. A responsible bidder is one who meets the following conditions: 1. Maintains a permanent place of business. 2. Provides a sworn statement upon request, which evidences the bidder has adequate financial resources to complete the work being bid, as well as all other work the bidder is presently under contract to complete. 3. Is bondable for the terms of the proposed contract. 4. Has a record of satisfactorily completing past projects. Criteria which will be considered in determining satisfactory completion of projects by contractors and subcontractors will include: a. Completed contracts in accordance with drawings and specifications. b. Diligently pursued execution of the work and completed contracts according to the established time schedule unless extensions are granted by the owner. c. Fulfilled guarantee requirements of the contract documents. d. Established and diligently maintained a satisfactory affirmative action program in accordance with the contract provisions. e. Established and diligently maintained a satisfactory safety program in accordance with the contract provisions. 5. Is not presently on an ineligible list maintained by the department for noncompliance with equal employment opportunities and affirmative action requirements as provided for in s. 16.765 (9), Stats., or on any other agency list for construction related violation of statutes or administrative rules.
WyomingResponsible Bidder Definition:
Responsible Bidder Definition
Definition:
No
