1. (a) If a purchasing agent determines that an offeror is not responsible, that determination must be made in writing by the purchasing agent.
2. (b) If an offeror fails to provide information required by the purchasing agent concerning a determination of whether the offeror is responsible, that offeror may not be considered responsible under this article.
3. (c) Information furnished by an offeror under this section shall not be disclosed outside the purchasing agency without the offeror's prior written consent.

4. (d) In determining whether an offeror is responsible, a purchasing agent may consider the following factors:

   1. (1) The ability and capacity of the offeror to provide the supplies or service.
   2. (2) The integrity, character, and reputation of the offeror.
   3. (3) The competency and experience of the offeror.

As added by P.L.49-1997, SEC.1.