Alaska
- Bid Responsiveness: Bid Responsiveness Definition
- Citation: 2 AK ADC 12.990(a)(12)
- Citation Language: (12) “responsive bidder” means a firm or person who has submitted a bid that conforms in all material respects to the solicitation;
- Definition: Yes
- Public Link: http://www.legis.state.ak.us/basis/aac.asp#2.12.990
Arizona
- Bid Responsiveness: Bid Responsiveness Definition
- Citation: AZ ADC R2-7-C312
- Citation Language: A. An agency chief procurement officer shall determine, at any time during the evaluation period and before award, that an offeror is responsible or nonresponsible.
B. The agency chief procurement officer may consider the following factors before determining that an offeror is responsible or nonresponsible:
1. The offeror's financial, business, personnel, or other resources, including 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 any responsibility criteria specified in the solicitation.
C. The agency chief procurement officer shall promptly notify the offeror in writing of the final determination that the offer is nonresponsible unless the agency chief procurement officer determines notification to the offeror would compromise the state's ability to negotiate with other offerors. The agency chief procurement office 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(B).
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.
- Definition: Yes
- Public Link: https://apps.azsos.gov/public_services/Title_02/2-07.pdf
Colorado
- Bid Responsiveness: Bid Responsiveness Definition
- Citation: CO ST § 24-101-301(39)
- Citation Language: (39) “Responsive” means a bid or proposal that meets the specifications, acceptability requirements, and terms and conditions of the solicitation and that uses the form prescribed by the purchasing agency.
- Definition: Yes
- Public Link: https://leg.colorado.gov/sites/default/files/images/olls/crs2017-title-24.pdf
Connecticut
- Bid Responsiveness: Bid Responsiveness Definition
- Definition: No
Delaware
- Bid Responsiveness: Bid Responsiveness Definition
- Citation: DE ST TI 29 § 6923(o)
- Citation Language: (o) Responsiveness of bidders.--An agency shall determine that a bidder is responsive before awarding a contract to that bidder. Factors to be considered in determining if a bidder is responsible include:
(1) The bidder's financial, physical, personnel or other resources, including subcontracts;
(2) The bidder's record of performance and integrity;
(3) Whether the bidder is qualified legally to contract with the State; and
(4) Whether the bidder supplied all necessary information concerning its responsiveness.
- Definition: Yes
- Public Link: https://delcode.delaware.gov/title29/c069/sc03/index.html
District of Columbia
- Bid Responsiveness: Bid Responsiveness Definition
- Citation: 27 DC ADC § 5034.10
- Citation Language: 5034.10 To be considered responsive, a bid must comply in all material respects with the IFB. Responsiveness involves matters that relate to the bid itself as opposed to the responsibility or other qualifications of the bidder. In determining whether a bid is responsive, the Contracting Officer has the discretion to permit correction of minor informalities or irregularities.
- Definition: Yes
- Public Link: https://www.dcregs.dc.gov/ContentSearch.aspx
Florida
- Bid Responsiveness: Bid Responsiveness Definition
- Citation: FL ST § 287.012(26) & FL ST § 287.012(27)
- Citation Language: (26) “Responsive bid,” “responsive proposal,” or “responsive reply” means a bid, or proposal, or reply submitted by a responsive and responsible vendor which conforms in all material respects to the solicitation.
(27) “Responsive vendor” means a vendor that has submitted a bid, proposal, or reply that conforms in all material respects to the solicitation.
- Definition: Yes
- Public Link: https://www.flsenate.gov/Laws/Statutes/2018/287.012
Georgia
- Bid Responsiveness: Bid Responsiveness Definition
- Citation: Georgia Procurement Manual 5.6.2.1. Responsive
- Citation Language: Responsive" means the supplier, whether a company or an individual, has submitted a timely offer which materially conforms to the requirements and specifications of the solicitation. The supplier’s response must be considered responsive to be eligible for status as a qualified contractor in the event of an RFQCClosed or for contract award in the event of an RFQClosed or RFPClosed. The state entity is permitted to waive minor informalities in the supplier’s response as well as certain administrative requirements, if doing so is in the best interest of the state. In the event a supplier’s response is determined to deviate from the requirements, the state entity must determine whether the deviation is material. A material deviation will be cause for rejection of the supplier’s response. An immaterial deviation will be processed as if no deviation had occurred. If a supplier is determined to be non-responsive, this determination must be made in writing and maintained as part of the procurement file. The results of the evaluation process will be published as discussed in Chapter 6 - Stage 6 – Award Process.
- Definition: Yes
- Public Link: http://pur.doas.ga.gov/gpm/MyWebHelp/GPM_Main_File.htm
Idaho
- Bid Responsiveness: Bid Responsiveness Definition
- Citation: Idaho Procurement Manual Chapter 11 Evaluation pg 27
- Citation Language: Responsive:
In order to be responsive, the quote, bid or proposal must:
•Comply with all mandatory requirements of the solicitation (all requirements designated with an “M” or “ME” or through use of terms such as “must” or “shall,” or as otherwise designated mandatory by the terms of the particular solicitation).
•The Bid or Proposal must be submitted with a State of Idaho Signature Page, with an original handwritten or electronic signature. Responses to informal RFQs (“quotes”), which may be submitted via fax, e-mail, etc., do not require an original signature; unless specified otherwise in the solicitation documents.
•NOT condition its bid on any additional terms or conditions.
- Definition: Yes
- Public Link: https://purchasing.idaho.gov/wp-content/uploads/Services/Desk_manual.pdf
Illinois
- Bid Responsiveness: Bid Responsiveness Definition
- Citation: IL ST CH 30 § 500/1-15.86
- Citation Language: § 1-15.86.
Responsive offeror. “Responsive offeror” means a person who has submitted an offer that conforms in all material respects to the request for proposals.
- Definition: Yes
- Public Link: https://www.ilga.gov/legislation/ilcs/fulltext.asp
Indiana
- Bid Responsiveness: Bid Responsiveness Definition
- Citation: IN ST 5-22-16-2
- Citation Language: Sec. 2. In determining whether an offeror is responsive, a purchasing agent may consider the following factors:
(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.
(3) Whether the offeror has complied with all applicable statutes, ordinances, resolutions, or rules pertaining to the award of a public contract.
- Definition: Yes
- Public Link: http://iga.in.gov/legislative/laws/2020/ic/titles/005#5-22-16
Iowa
- Bid Responsiveness: Bid Responsiveness Definition
- Definition: No
Kansas
- Bid Responsiveness: Bid Responsiveness Definition
- Definition: No
Kentucky
- Bid Responsiveness: Bid Responsiveness Definition
- Citation: KY ST § 45A.070(7)
- Citation Language: (7) “Responsive bidder” means a person who has submitted a bid under KRS 45A.080 which conforms in all material respects to the invitation for bids, so that all bidders may stand on equal footing with respect to the method and timeliness of submission and as to the substance of any resulting contract.
- Definition: Yes
- Public Link: https://apps.legislature.ky.gov/law/statutes/statute.aspx
Louisiana
- Bid Responsiveness: Bid Responsiveness Definition
- Citation: LA R.S. 39:1556(48)
- Citation Language: (48) “Responsive bidder” means a person who has submitted a bid under R.S. 39:1594 which conforms in all substantive respects to the invitation for bids, including the specifications set forth in the invitation.
- Definition: Yes
- Public Link: http://legis.la.gov/legis/Law.aspx
Maine
- Bid Responsiveness: Bid Responsiveness Definition
- Citation: ME ADC 18-554 Ch. 101, Refs & Annos
- 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.
- Definition: Yes
- Public Link: https://www.maine.gov/sos/cec/rules/18/chaps18.htm
Maryland
- Bid Responsiveness: Bid Responsiveness Definition
- Citation: MD STATE FIN & PROC § 13-103(e)(4); MD STATE FIN & PROC § 13-103(a)(1)
- Citation Language: MD STATE FIN & PROC § 13-103(e)(4)
(4) A responsive bid or proposal shall include the criteria specified in subsection (a) of this section.
MD STATE FIN & PROC § 13-103(a)(1)
(a)(1) Whenever procurement is based on competitive sealed bids, a procurement officer shall seek bids by issuing an invitation for bids.
(2) Subject to subsection (b) of this section, an invitation for bids shall include:
(i) the specifications of the procurement contract, including the expected degree of minority business enterprise participation, as provided in § 14-303(b) of this article;
(ii) whether the procurement contract will be awarded based on the lowest bid price, the lowest evaluated bid price or, if the procurement is subject to § 11-202(3) of this article, the bid most favorable to the State;
(iii) if the procurement contract will be based on evaluated bid price, the objective measurable criteria by which the lowest evaluated bid price will be determined; and
(iv) if the Secretary of General Services, the Secretary of Transportation, or the Chancellor of the University System of Maryland has so designated, the small business preference.
- Definition: Yes
- Public Link: https://mgaleg.maryland.gov/mgawebsite/laws/StatuteText
Michigan
- Bid Responsiveness: Bid Responsiveness Definition
- Citation: Michigan Procurement Manual Chapter 8. 8.4.2 Step 2 –Determining if a Vendor is Responsive p. 2
- Citation Language: Prior to initiating the evaluation and negotiation process, the Solicitation Manager is responsible for reviewing the vendor proposals to ensure that the proposal is responsive. A “responsive” proposal is one that is submitted in accordance with the solicitation instructions and meets all mandatory minimum requirements identified in the solicitation.If avendor, or an employee of a vendor, participatesin the solicitation preparation process,the vendoris not permitted to receive an award on a contract resulting from that solicitation.
3If necessary, the Solicitation Manager may request assistance from the Subject Matter Experts in determining if a mandatory minimum requirement is met.Any proposal that is not responsive, as determined by the Solicitation Manager, andin consultation with the Procurement Executive,may not move to Step 3.
- Definition: Yes
- Public Link: https://www.michigan.gov/documents/micontractconnect/Chapter_8_526733_7.pdf
Minnesota
- Bid Responsiveness: Bid Responsiveness Definition
- Definition: No
Mississippi
- Bid Responsiveness: Bid Responsiveness Definition
- Citation: 12 MS ADC Pt. 6, R. 3.101(6)
- Citation Language: (6) Responsive Bidder -- a person who has submitted a bid which conforms in all material respects to the Invitation for Bids.
- Definition: Yes
- Public Link: https://www.sos.ms.gov/adminsearch/ACCode/00000275c.pdf
Missouri
- Bid Responsiveness: Bid Responsiveness Definition
- Definition: No
Nebraska
- Bid Responsiveness: Bid Responsiveness Definition
- Citation: Nebraska Procurement Manual 6.14.2 Responsive and Responsible p. 40
- Citation Language: A responsive bid is one that complies with the solicitation in all material respects and contains no material defects. Non-responsive bids are those that do not comply with the mandatory terms of the RFP/ITB. A material defect is one that affects term, price, quality, quantity, or delivery terms. Material deficiencies affecting responsiveness may not be corrected. If a bid/proposal does not meet all mandatory terms and conditions the bid/proposal may be found non-responsive, rejected, and not evaluated
- Definition: Yes
- Public Link: https://das.nebraska.gov/materiel/purchase_bureau/docs/manuals/2018%20Procurement%20Manual%20-%20Updated%2009132018.pdf
Nevada
- Bid Responsiveness: Bid Responsiveness Definition
- Definition: No
New Hampshire
- Bid Responsiveness: Bid Responsiveness Definition
- Definition: No
New Jersey
- Bid Responsiveness: Bid Responsiveness Definition
- Citation: NJ ADC 17:12-1.3
- Citation Language: “Responsive proposal” refers to a proposal that is deemed by the Division and/or evaluation committee to have adequately addressed all material provisions of an RFP's terms and conditions, specifications, and other requirements.
- Definition: Yes
- Public Link: https://www.state.nj.us/treasury/purchase/pdf/NJAC1712.pdf
New Mexico
- Bid Responsiveness: Bid Responsiveness Definition
- Citation: NM ST § 13-1-85
- Citation Language: “Responsive offer” means an offer which conforms in all material respects to the requirements set forth in the request for proposals. Material respects of a request for a proposal include, but are not limited to, price, quality, quantity or delivery requirements.
- Definition: Yes
- Public Link: https://nmonesource.com/nmos/nmsa-historical/en/item/4210/index.do
New York
- Bid Responsiveness: Bid Responsiveness Definition
- Citation: NY STATE FIN § 163
- Citation Language: d. “Responsive” means a bidder or other offerer meeting the minimum specifications or requirements as prescribed in a solicitation for commodities or services by a state agency.
- Definition: Yes
- Public Link: https://www.nysenate.gov/legislation/laws/STF/163
North Dakota
- Bid Responsiveness: Bid Responsiveness Definition
- Citation: ND ADC 4-12-01-02
- Citation Language: 17. “Responsive bidder or offeror” means a vendor who has submitted a bid or proposal that conforms in material respects to the requirements stated in the solicitation.
- Definition: Yes
- Public Link: https://www.legis.nd.gov/information/acdata/pdf/4-12-01.pdf
Ohio
- Bid Responsiveness: Bid Responsiveness Definition
- 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.
- Definition: Yes
- Public Link: https://codes.ohio.gov/ohio-revised-code/section-9.312
Oklahoma
- Bid Responsiveness: Bid Responsiveness Definition
- Citation: OK ADC 260:115-7-32(f)(1), OK ADC 260:115-7-32(g)
- Citation Language: (1) Non-responsive bid.
(A) Terms and conditions. A bid that does not meet the terms and conditions of the solicitation may be considered non-responsive.
(B) Forms use. A bid that does not contain forms or other information the solicitation specifies may be considered non-responsive.
(C) Incomplete forms. If forms required by the solicitation do not contain complete information, the bid may be considered non-responsive.
(D) Form entries improper. If information provided in the solicitation documents is not legible, typewritten or printed, or submitted in the electronic format specified in the solicitation, the bid may be considered non-responsive.
(E) Improper alterations. If alterations do not bear the initials of the person making the alteration, the bid may be considered non-responsive.
(F) Use of unauthorized signature. If a signature on a form is not an authorized signature pursuant to state laws and the rules of this chapter, the bid may be considered non-responsive.
(G) Absence of notary seal. If forms do not contain a notary seal where forms indicate or otherwise comply with the manner of notarization prescribed for the bidding supplier's state of residence, the bid may be considered non-responsive.
(H) Bid does not contain bid bond or other surety. If a bidder fails to include a bid bond or other surety specified as a requirement by a solicitation, the bid may be considered non-responsive.
(I) Bid does not contain samples. If a solicitation specifies that the bid shall contain samples and the bid does not contain samples, the bid shall be considered non-responsive.
(J) Items not suitable for intended use. If a bid does not offer items suitable for the intended use of the items, the bid shall be considered non-responsive.
(K) Pricing.
If bid pricing does not meet requirements of a solicitation, the bid may be considered non-responsive.
(L) Bid fails to acknowledge solicitation amendment. If a bid fails to acknowledge an amendment the State Purchasing Director issues to a solicitation, the bid may be considered non-responsive.
(M) One bid from multiple suppliers.
One bid from multiple suppliers that does not designate a prime contractor shall be considered non-responsive.
(N) Additional supplier terms and conditions. If a supplier adds terms and conditions to an acquisition that are contrary to the laws of Oklahoma the bid may be considered non-responsive.
(O) Signatures on solicitation documents. If an authorized signature is omitted from any solicitation document that requires an authorized signature, the bid may be considered non-responsive.
....
(g) Other factors in determination of bid responsiveness. A minor deficiency in a bid may be waived or cured if the acquiring agency determines the deficiency does not prejudice the rights of other bidders, if there is sufficient time prior to contract award in which to cure the deficiency or is not a cause for bid rejection. A minor deficiency does not affect the price, quantity, quality, delivery or conformance to specifications and is negligible in comparison to the total cost or scope of the acquisition. For illustrative purposes, examples are:
- Definition: Yes
- Public Link: https://omes.ok.gov/sites/g/files/gmc316/f/CentralPurchasingRules.pdf
Oregon
- Bid Responsiveness: Bid Responsiveness Definition
- Citation: OR ADC 125-246-0110(148)
- Citation Language: (148) “Responsive Bid” or “Responsive Proposal” is defined in ORS 279B.005 and means a Bid or Proposal that substantially complies with the Invitation to Bid or Request for Proposals, respectively, and all prescribed Procurement procedures and requirements.
- Definition: Yes
- Public Link: https://secure.sos.state.or.us/oard/viewSingleRule.action
Pennsylvania
- Bid Responsiveness: Bid Responsiveness Definition
- Citation: PA ST 62 Pa.C.S.A. § 103
- Citation Language: “Responsive proposal.” A proposal which conforms in all material respects to the requirements and criteria in the request for proposals.
- Definition: Yes
- Public Link: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm
Rhode Island
- Bid Responsiveness: Bid Responsiveness Definition
- Citation: 220 RI ADC 30-00-5.1(U)
- Citation Language: U. “Responsive bidder” means a person who has submitted a bid under R.I. Gen. Laws § 37-2-20 which conforms in all material respects to the invitation for bids, so that all bidders may stand on equal footing with respect to the method and timeliness of submission and as to the substance of any resulting contract. For the purposes of establishing rules and regulations pursuant the R.I. Gen. Laws Chapter 37-2, a “responsive bidder” shall also mean a bid which conforms in all material respect to the terms and conditions, specifications and any other requirements of the Bid Invitation. (R.I. Gen. Laws § 37-2-15(7))
- Definition: Yes
- Public Link: https://rules.sos.ri.gov/regulations/part/220-30-00-5
South Carolina
- Bid Responsiveness: Bid Responsiveness Definition
- Citation: SC Code Ann § 11-35-1410(9)
- Citation Language: (9) “Responsive bidder or offeror” means a person who has submitted a bid or proposal which conforms in all material aspects to the invitation for bids or request for proposals.
- Definition: Yes
- Public Link: https://www.scstatehouse.gov/code/t11c035.php
Texas
- Bid Responsiveness: Bid Responsiveness Definition
- Citation: Texas Procurement and Contract Management Guide - Version 1.3. p.72
- Citation Language: “Responsive” Response . A response is “responsive” if it conforms in all material respects to the solicitation requirements (e.g., timely submitted, signed response, completed forms) The Contract Developer will make the initial determination as to whether a response is responsive to the solicitation The initial determination of responsiveness is subject to change during the course of the evaluation process
- Definition: Yes
- Public Link: https://comptroller.texas.gov/purchasing/publications/procurement-contract.php
Vermont
- Bid Responsiveness: Bid Responsiveness Definition
- Definition: No
Washington
- Bid Responsiveness: Bid Responsiveness Definition
- Citation: Washington Procurement Manual 4.7b. Responsiveness Evaluation. p. 24
- Citation Language: 4.7.b.RESPONSIVENESS EVALUATION
Responsiveness means compliance with the requirements of the solicitation. When determining responsiveness, the responses must be evaluated consistent with the solicitation requirements, including specifications and contractual terms and conditions. Absolute conformity is not required but a response must substantially comply with the material aspects of the solicitation. A response that fails to conform to the material requirements of the solicitation is to be rejected. The Bidder is to be notified of the reasons for such rejection (WAC 236-48-098). However, the Purchasing Authority at its discretion may waive an informality in a response (WAC 236-48-124). An informality is defined in rule as an “immaterial variation from the exact requirements of the competitive solicitation, having no effect or merely a minor or negligible effect on quality, quantity, or delivery of the supplies or performance of the services being procured, and the correction or waiver of which would not affect the relative standing of, or be otherwise prejudicial to bidders” (WAC 236-48-003(18)).Common mistakes that result in a nonresponsive determination include:•Bidder fails to provide or submit all information as required.•Bidder does not possess the required credentials, qualifications, certifications, personnel, equipment, or resources to be eligible for consideration. •Bidder fails to meet the minimum specification requirements. •Bidder fails to accept the terms, conditions, or requirements of the solicitation.•Bidder will not accept an award unless the solicitation terms and conditions are modified or altered.•Bidder indicates that it will only accept an award for all line items when the solicitation allows award by line item or aggregate grouping of line items. ( See WAC 236-48-094). •An authorized signature page is not signed and there is no satisfactory evidence submitted prior to due date and time which clearly indicates the Bidder’s desire to be bound by his/her bid such as a signed cover letter. (See WAC 236-48-071). •The item bid does not meet the stated specifications and the Bidder has not indicated the item bid is an alternate. (See WAC 236-48-083).
- Definition: Yes
West Virginia
- Bid Responsiveness: Bid Responsiveness Definition
- Citation: W. Va. Code 5A-3-11(c)
- Citation Language: (c) Bids shall be based on the written specifications in the advertised bid request and may not be altered or withdrawn after the appointed hour for the opening of the bids.
- Definition: Yes
- Public Link: https://code.wvlegislature.gov/5A-3-11/
Wisconsin
- Bid Responsiveness: Bid Responsiveness Definition
- Definition: No
Wyoming
- Bid Responsiveness: Bid Responsiveness Definition
- Definition: No
This resource is provided by NASPO and is for informational purposes only. While NASPO has worked to ensure the validity of the information provided, one should not rely solely on the information contained in this document; and NASPO does not endorse nor guarantee the accuracy of the information provided in this database. Official records, codes, etc. are maintained by the procurement office of the state in question, and NASPO encourages a review of the official copy of a state’s legislative material for the most current and accurate information.