§ 39:1606 — Responsibility of bidders and proposers

§1606. Responsibility of bidders and proposers
A. A reasonable inquiry to determine the responsibility of a bidder or proposer may
be conducted. The unreasonable failure of a bidder or proposer promptly to supply
information in connection with such an inquiry may be grounds for a determination of
nonresponsibility with respect to such bidder or proposer.
B. Whenever the chief procurement officer, commissioner, or head of a
governmental body with such authority proposes to disqualify the lowest bidder on bids of
five thousand dollars or more such individual shall:
(1) Give written notice of the proposed disqualification to such bidder and include
in the written notice all reasons for the proposed disqualification.
(2) Give such bidder who is proposed to be disqualified, a reasonable opportunity
to be heard at an informal hearing at which such bidder is afforded the opportunity to refute
the reasons for the disqualification.
C. Except as otherwise provided by law, information furnished by a proposer
pursuant to this Section may not be disclosed outside of the user agency or the office of state
procurement without prior written notice to the proposer.

Legislative History

Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 1983, No. 689, §1; Acts 1984, No. 100, §1, eff. July 1, 1985; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.