1. (a) In determining whether a bidder or proposer under 17 AAC 45.300 - 17 AAC 45.399 is responsible, the department will or the evaluation committee shall, as applicable, consider such relevant factors as the bidder's or proposer's

   1. (1) record of operational and contractual performance;
   2. (2) legal qualification to contract with the state;
   3. (3) financial capacity and access to financing relative to the obligations of the lease, permit, or concession; and
   4. (4) possession of, plan to obtain, or documented commitment from a third person to provide, as applicable, equipment, expertise, personnel, franchise rights, or other items necessary to fulfill the obligations of the lease, permit, or concession.

2. (b) The department will or an evaluation committee appointed under 17 AAC 45.366 shall, as applicable, determine that a bidder or proposer under this chapter is not responsible if the department or proposal evaluation committee, as applicable, determines that the bidder or proposer

   1. (1) has violated a provision of AS 02, 17 AAC 40 in effect before March 28, 2002, 17 AAC 42, or this chapter, which violation the applicant or requester has not resolved to the satisfaction of the department or manager;
   2. (2) has violated a material term of a contract with the department, which violation the applicant or requester has not resolved to the satisfaction of the department or manager;
   3. (3) is in arrears on a rental payment or other material financial obligation to the department;
   4. (4) is in default of a material obligation under any lease, permit, or concession that the department has issued for any property or activity at any airport that the department owns, operates, or otherwise controls;
   5. (5) fails timely to meet or to demonstrate that the bidder or proposer meets the qualification requirements established in the bid documents issued under 17 AAC 45.303, auction documents issued under 17 AAC 45.333, or proposal documents issued under 17 AAC 45.354, as applicable;
   6. (6) fails timely to establish financial responsibility acceptable to the department; or
   7. (7) fails timely to provide sufficient information to determine its responsibility after request by the department.
3. (c) A finding of responsibility under this section or under another provision of 17 AAC 45.300 - 17 AAC 45.399, as applicable, does not relieve a bidder or proposer from any requirement for performance under the lease, permit, or concession.

(Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185)