1. (a) Before contract award the procurement officer shall consider whether the apparent low bidder is responsible. Factors that may be considered in determining whether the apparent low bidder is responsible include whether the bidder

   1. (1) has a satisfactory record of performance;
   2. (2) is qualified legally to contract with the authority under this chapter; and
   3. (3) has supplied all necessary information in connection with the inquiry concerning responsibility.

2. (b) The procurement officer may require the apparent low bidder to demonstrate the availability of necessary financing, equipment, facilities, expertise, and personnel, by submitting.

   1. (1) evidence that the contractor possesses the necessary items;
   2. (2) acceptable plans to subcontract for the necessary items;
   3. (3) a documented commitment from, or explicit arrangement with, a satisfactory source to provide the necessary items; or
   4. (4) other information required by the procurement officer.
3. (c) The procurement officer's determination of responsibility does not relieve the contractor from the requirements for performance under the contract.
4. (d) If a prospective contractor supplies information in response to a request for infonnation made by a procurement officer under (b) of this section, the procurement officer may not open for public inspection under 3 AAC 109.250(d) financial information and any agreements with suppliers or subcontractors supplied in response to the request unless the prospective contractor gives prior written consent to their disclosure.
5. (e) If the apparent low bidder is determined not to be responsible, the procurement officer may reject the bid and award the contract to the next lowest responsive and responsible bidder.

(Eff. 7/10/2015, Register 215)

Authority: AS 44.83.080