§ 19-11-235 — Responsibility of bidders and offerors

(a) (1) A determination of nonresponsibility of a bidder or offeror shall be made in accordance with rules promulgated by the State Procurement Director. (2) A reasonable inquiry to determine the responsibility of a bidder or offeror may be conducted. (3) The unreasonable failure of a bidder or offeror to promptly supply information in connection with such an inquiry may be grounds for a determination of nonresponsibility with respect to such bidder or offeror. (4) If a bidder or offeror is determined to be nonresponsible, the reasons therefor shall be included in the determination. (b) (1) Except as otherwise provided by law, information furnished by a bidder or offeror pursuant to this section shall not be disclosed outside of the Office of State Procurement or the procurement agency without prior written consent by the bidder or offeror. (2) This section is not intended to prohibit the office from disclosing such information to the Governor, the Attorney General, or the Secretary of the Department of Transformation and Shared Services when any of those officers deems it necessary. (c) The director or the agency procurement official may require the posting of a bid bond, a performance bond, or a similar assurance by any actual or prospective bidder, offeror, or contractor, under rules promulgated under this subchapter.

Legislative History

Amended by Act 2019, No. 315,§ 1772, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1771, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 6112, eff. 7/1/2019. Acts 1979, No. 482, § 36; A.S.A. 1947, § 14-261; Acts 1991, No. 1018, § 6; 2001, No. 1237, § 28.