(1) The procurement officer will make the final determination of responsiveness for both bids and offers.

(2) A determination of responsiveness may be made at any time during the procurement process.

(3) If a determination of nonresponsiveness is made, nonresponsive bids or offers are disqualified and eliminated from further consideration.

(4) Factors that may be considered in determining whether the standard of responsibility has been met are whether a bidder or offeror:

(a) has available the appropriate financial, material, equipment, facility, and personnel resources and expertise, or the ability to obtain them, necessary to indicate capability to meet all contractual requirements;

(b) has a satisfactory record of integrity;

(c) is qualified legally to contract with the agency;

(d) has not failed to supply any necessary information in connection with the inquiry concerning the responsibility; and

(e) has a satisfactory record of past performance. Nothing shall prevent the procurement officer from establishing additional responsibility standards for a particular procurement, provided that these additional standards are set forth in the solicitation, or from using past performance with the state of Montana as a reference.

(5) If requested, a bidder or offeror must supply information concerning responsibility to the procurement officer in a timely and convincing manner. If the bidder or offeror fails to supply the requested information, the procurement officer may base a determination of responsibility upon any available information, or may find the bidder or offeror nonresponsible.

(6) The bidder or offeror may demonstrate the availability of necessary financing, equipment, facilities, expertise, and personnel by submitting upon request:

(a) evidence that the bidder or offeror possesses the necessary items;

(b) acceptable plans to subcontract for the necessary items; or

(c) a documented commitment from, or explicit arrangement with, a satisfactory source to provide the necessary items.

(7) For both bids and offers, a determination of nonresponsibility may be made at any time during the procurement process.

(8) If a bidder or offeror who otherwise would have been awarded a contract is found nonresponsible, a written determination of nonresponsibility setting forth the basis of the finding must be prepared by the procurement officer. The determination must be made part of the procurement file and a copy of the determination mailed to the affected bidder or offeror.