1. To the extent warranted under the circumstances, including but not limited to the value and size of the procurement, and the bidder’s or offeror’s past record of contract performances, the Chief Procurement Officer shall review, prior to award, the responsibility of a bidder or offeror. This review shall consider all relevant circumstances, including whether the bidder or offeror possesses the financial ability, resources, skills, qualifications, capability, and business integrity necessary to perform the contract.

2. If a bidder or offeror who otherwise would have awarded a contract is found nonresponsible, a written determination of nonresponsibility setting forth the basis of the finding shall be prepared by the Chief Procurement Officer. The unreasonable failure of a bidder or 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 bidder or offeror. A copy of the determination shall be sent promptly to the nonresponsible bidder or offeror. The final determination shall be made part of the contract file and be made a public record.

3. A bidder or offeror is responsible for purposes of this section if they have the capability to fully perform the contract requirements in all respects and possess the integrity and reliability which will assure good faith performance.

4. Information furnished by a bidder or offeror pursuant to this section shall not be disclosed by the Borough outside of the Office of the Chief Procurement Officer without prior written consent by the bidder or offeror unless such disclosure is otherwise required by law.