9.101 Definitions
Source: FAR 9.101 on acquisition.gov
FAR 9.101 defines key terms—"administrative proceeding" and "surveying activity"—that are critical for understanding contractor responsibility and preaward survey processes.
Overview
FAR 9.101 provides definitions for key terms used in Subpart 9.1, which addresses the responsibility of prospective contractors. This section clarifies what constitutes an "administrative proceeding" and defines "surveying activity" for the purposes of preaward surveys. Understanding these definitions is essential for interpreting the requirements and procedures in the rest of Subpart 9.1.
Key Rules
- Administrative Proceeding
- Defined as a non-judicial, adjudicatory process to determine fault or liability, specifically in connection with Federal contracts or grants. Examples include proceedings before the SEC or contract appeals boards. Routine agency actions like audits or inspections are excluded.
- Surveying Activity
- Refers to the contract administration office or another designated organization responsible for conducting preaward surveys to assess contractor responsibility.
Responsibilities
- Contracting Officers: Must apply these definitions when evaluating contractor responsibility and during preaward surveys.
- Contractors: Should understand these terms to know what processes may impact their responsibility determinations.
- Agencies: Must designate appropriate organizations for surveying activity if no contract administration office exists.
Practical Implications
- These definitions ensure clarity and consistency in applying responsibility standards and preaward survey procedures.
- Misunderstanding these terms could lead to improper responsibility determinations or procedural errors during preaward surveys.
- Contractors should be aware of what constitutes an administrative proceeding, as it may affect their record of responsibility.
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and state level but only in connections with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Surveying activity, as used in this subpart, means the cognizant contract administration office or, if there is no such office, another organization designated by the agency to conduct preaward surveys.