Section 4.2046  Responsibility

a)         Application

Contracts are to be made only with responsible vendors. If there is doubt about responsibility,  and if a bond or other security would adequately protect the University's interests, then that vendor may be awarded a contract upon receipt of the bond or other security.

b)         Standards of Responsibility

Factors to be considered in determining whether the standard of responsibility has been met include financial responsibility, insurability, effective equal opportunity compliance, payment of prevailing wages, if required by law, capacity to produce or sources of supply, performance record in the business or industry, ability to provide required maintenance service and other matters relating to the bidder's probable ability to deliver in the quality and quantity and within the time required under the contract, if it is awarded to the bidder.

c)         Information Pertaining to Responsibility

The prospective vendor shall supply information requested by the SPO concerning the responsibility of such vendor.  The University may supplement this information from other sources and may require additional documentation at any time. If such vendor fails to supply the requested information, the SPO shall base the determination of responsibility upon any available information, or may find the prospective vendor non-responsible.

d)         Written Determination of Non-Responsibility Required

If a vendor who otherwise would have been awarded a contract is found non-responsible, a written determination of non-responsibility setting forth the basis of the finding shall be prepared by the SPO.  The final determination shall be made part of the procurement file.

e)         Affiliated Companies

Vendors that are newly formed business concerns having substantially the same owners, officers, directors, or beneficiaries as a previously existing vendor that has been determined not responsible will also be determined to be not responsible unless the new organization can prove it was not set up for the purpose of avoiding an earlier determination of non-responsibility.