(a) A written determination of nonresponsibility of a bidder or offeror shall be made in accordance with rules adopted 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 the bidder or offeror.

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(b) Confidential information furnished by a bidder or offeror under this section may not be disclosed outside of the Division of Procurement or the purchasing agency without the prior written consent of the bidder or offeror.