9.102
Applicability
FAR 9.102 defines when Subpart 9.1's responsibility requirements apply, ensuring contracting professionals only apply them to eligible contractors and contracts.
Overview
FAR 9.102 outlines the applicability of Subpart 9.1, which addresses the responsibility of prospective contractors. This section clarifies which contracts and contractors are subject to the requirements of Subpart 9.1, ensuring that contracting professionals understand when to apply these rules and when exceptions exist.
Key Rules
- General Applicability
- Subpart 9.1 applies to all proposed contracts with prospective contractors located in the United States, its outlying areas, or elsewhere unless inconsistent with local laws or customs.
- Exceptions
- The subpart does not apply to contracts with foreign, state, or local governments, other U.S. Government agencies or their instrumentalities, or agencies for people who are blind or severely disabled (refer to Subpart 8.7).
Responsibilities
- Contracting Officers: Must determine if Subpart 9.1 applies to each proposed contract and ensure exceptions are properly identified.
- Contractors: Should be aware of whether Subpart 9.1 applies to their contract based on their location and organizational status.
- Agencies: Must ensure compliance with applicability rules and reference exceptions as needed.
Practical Implications
- This section exists to prevent misapplication of responsibility requirements and streamline the acquisition process.
- It impacts daily contracting by clarifying when to conduct responsibility determinations under Subpart 9.1.
- Common pitfalls include overlooking exceptions or misapplying requirements to exempt entities.