1. (a)

   1. (1) Determination of responsibility is made prior to the award of a contract.
   2. (2) A nonresponsible bidder or offeror is one (1) who has been determined through evaluation of bid/offer to lack the capability, integrity, and/or reliability to fully perform the contract.

2. (b) Determination of responsibility may include, but not be limited to, one (1) or any combination of the following:

   1. (1) The ability, capacity, and skill to perform the contract or provide the service;
   2. (2) The responsibility and experience of the business;
   3. (3) The quality of performance on previous contracts or services;
   4. (4) The previous and existing compliance by the business with laws relating to the contract or services; and
   5. (5) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the services.

Codification Notes: This section was promulgated as R1:19-11-235 of the Procurement Rules prior to codification into the Code of Arkansas Rules.