§103D-310  Responsibility of offerors. 
(a)  Unless the policy board, by rules, specifies otherwise, before submitting
an offer, a prospective offeror, not less than ten calendar days prior to the
day designated for opening offers, shall give written notice of the intention
to submit an offer to the procurement officer responsible for that particular
procurement.



(b)  Whether or not an intention to bid is
required, the procurement officer shall determine whether the prospective
offeror has the financial ability, resources, skills, capability, and business
integrity necessary to perform the work.  For this purpose, the officer, in the
officer's discretion, may require any prospective offeror to submit answers,
under oath, to questions contained in a standard form of questionnaire to be
prepared by the policy board.  Whenever it appears from answers to the
questionnaire or otherwise, that the prospective offeror is not fully qualified
and able to perform the intended work, a written determination of nonresponsibility
of an offeror shall be made by the head of the purchasing agency, in accordance
with rules adopted by the policy board.  The unreasonable failure of an offeror
to promptly supply information in connection with an inquiry with respect to
responsibility may be grounds for a determination of nonresponsibility with
respect to such offeror.  The decision of the head of the purchasing agency
shall be final unless the offeror applies for administrative review pursuant to
section 103D-709.



(c)  All offerors, upon award of contract,
shall comply with all laws governing entities doing business in the State,
including chapters 237, 383, 386, 392, and 393.  Offerors shall produce
documents to the procuring officer to demonstrate compliance with this subsection. 
Any offeror making a false affirmation or certification under this subsection
shall be suspended from further offerings or awards pursuant to section
103D-702.  The procuring officer shall verify compliance with this subsection
for all contracts awarded pursuant to sections 103D-302, 103D-303, 103D-304,
and 103D-306; provided that the attorney general may waive the requirements of
this subsection for contracts for legal services if the attorney general
certifies in writing that comparable legal services are not available in this
State.



(d)  Information furnished by an offeror
pursuant to this section shall not be disclosed to any person except to law
enforcement agencies as provided by chapter 92F. [L Sp 1993, c 8, pt of §2; am
L 1997, c 352, §§10, 23; am L 2003, c 52, §6; am L 2004, c 216, §4; am L 2005,
c 211, §1]