Responsible Prospective Contractors
FAR Subpart 9.1 ensures that only responsible, qualified, and compliant contractors are eligible for federal contracts, protecting government interests through rigorous vetting and specific prohibitions.
Overview
FAR Subpart 9.1, "Responsible Prospective Contractors," establishes the foundational requirements for determining whether a contractor is eligible and qualified to receive government contracts. This subpart outlines the standards, policies, and procedures that contracting officers must follow to ensure that only responsible contractors—those with the necessary integrity, capability, and resources—are awarded federal contracts. It covers definitions, applicability, the standards of responsibility, preaward surveys, and specific prohibitions (such as on inverted domestic corporations and entities violating arms control treaties). It also addresses special considerations for nonprofit agencies under the AbilityOne Program and requirements related to military recruiting on campus.
Key Rules
- Scope and Applicability
- Defines when and how the responsibility requirements apply to prospective contractors.
- Standards of Responsibility
- Establishes criteria such as financial resources, performance record, integrity, and compliance with laws.
- Procedures and Preaward Surveys
- Details the process for evaluating contractor responsibility, including the use of preaward surveys.
- Prohibitions
- Prohibits contracting with certain entities, including inverted domestic corporations and those violating arms control treaties.
- Special Programs
- Addresses requirements for nonprofit agencies in the AbilityOne Program and for institutions regarding ROTC and military recruiting.
Responsibilities
- Contracting Officers: Must verify contractor responsibility, conduct preaward surveys as needed, and ensure compliance with all prohibitions and special requirements.
- Contractors: Must demonstrate compliance with responsibility standards and provide necessary documentation during evaluation.
- Agencies: Oversee compliance, conduct surveys, and enforce prohibitions as required.
Practical Implications
- Ensures only qualified and ethical contractors receive federal contracts, protecting government interests.
- Impacts daily contracting by requiring thorough vetting and documentation.
- Common pitfalls include incomplete responsibility determinations, failure to document findings, or overlooking specific prohibitions.