Louisiana Administrative Code
Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL
Part V - Procurement
Chapter 15 - Responsibility and Prequalification
Section V-1505 - Standards of Responsibility [Formerly LAC 34:I.1505]
Universal Citation: LA Admin Code V-1505
Current through Register Vol. 50, No. 9, September 20, 2024
A. Standards
1. A reasonable inquiry to determine the
responsibility of a bidder or proposer may be conducted in accordance with
R.S.
39:1606. The following standards, as they
relate to the particular procurement under consideration, may be used, but is
not limited to the following:
a. has adequate
financial resources for performance; or, has the ability to obtain such
resources as required during performance;
b. has the necessary experience,
organizations, technical qualifications, skills, and facilities, or has the
ability to obtain them (including probable subcontractor
arrangements);
c. is able to comply
with the proposed or required time of delivery or performance
schedule;
d. has a satisfactory
record of integrity, judgment and performance (contractors who are seriously
delinquent in current contract performance, considering the number of contracts
and the extent of delinquencies of each, shall in the absence of evidence to
the contrary or evidence of compelling circumstances, be presumed to be unable
to fulfill the requirement);
e. is
otherwise qualified and eligible to receive an award under applicable laws and
regulations.
2. Before
making a determination of responsibility, the Office of State Procurement; or,
the head of the using agency, shall have sufficient current information to
satisfy himself that the prospective contractor meets the standards in
Subsections A and B of this Section. Information from the following sources may
be utilized before making a determination of responsibility:
a. information from the prospective
contractor, including representations and other data contained in proposals, or
other written statements or commitments, such as financial assistance and
subcontracting arrangements;
b.
other existing information within the agency, including financial data, the
list of debarred and ineligible bidders and records concerning contractor
performance;
c. publications,
including credit ratings and trade and financial journals;
d. other sources, including banks, other
financial companies, and state departments and agencies.
3. When applicable, to the extent that a
prospective contractor cannot meet the standard in Paragraph A.2 of this
Section except by means of proposed subcontracting, the prospective prime
contractor shall not be considered to be responsible unless recent performance
history indicates an acceptable subcontracting system or prospective major
subcontractors are determined by the Office of State Procurement or the head of
the using agency to satisfy that standard.
4. Nothing herein shall prevent the
procurement officer from establishing additional responsibility standards,
provided that these additional standards are set forth in the
solicitation.
B. Information Pertaining to Responsibility. The prospective contractor shall supply information requested by the procurement officer concerning the responsibility of such contractor. If such contractor fails to supply the requested information, the procurement officer shall base the determination of responsibility upon any available information or may find the prospective contractor nonresponsible if such failure is unreasonable.
AUTHORITY NOTE: Promulgated in accordance with R.S. 39:1581.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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