Section 5-E3708. QUALIFICATIONS AND DUTIES OF BIDDERS AND OFFERORS

 

3708.1In order to be determined to be responsible, a prospective bidder shall, in the opinion of the Superintendent or his or her designee, meet the following standards as they relate to the particular procurement under consideration:

 

(a)It shall have an established system of accounting and financial controls which will permit the effective administration of the type of contract proposed; and

 

(b)It shall have an identified place of business and financial resources adequate to perform the proposed contract.

 

3708.2In determining the adequacy of a prospective contractor’s financial resources for the performance of the proposed contract, particular attention shall be given to the ability of the contractor to discharge his or her full financial responsibility for charges and losses of materials furnished by the school system (such as foodstuffs), when the contractor has responsibility for those materials.

 

3708.3A reasonable inquiry to determine the responsibility of a bidder or offeror may be conducted.

 

3708.4The unreasonable failure of a bidder or offeror to promptly supply information in connection with an inquiry conducted under § 3708.4 may be grounds for a determination of non-responsibility with respect to that bidder or offeror.

 

3708.5Except as otherwise provided by law, information furnished by a bidder or offeror pursuant to this section shall not be disclosed outside of the school system without prior written consent of the bidder or offeror.

 

3708.6Prequalification of suppliers as responsible prospective contractors for particular types of supplies and services shall be permitted.

 

3708.7Solicitation mailing lists of potential contractors of particular types of supplies and services shall include, but shall not be limited to, prequalified suppliers.

 

3708.8Prequalification shall not preclude a subsequent written determination that a prequalified supplier is not responsible.

 

source

Final Rulemaking published at 30 DCR 3771, 3779 (July 29, 1983).