9.104
Standards
FAR 9.104 sets the baseline standards and due diligence requirements to ensure only responsible contractors and subcontractors are awarded federal contracts.
Overview
FAR 9.104 outlines the standards that prospective contractors must meet to be considered responsible and eligible for government contract awards. This section establishes both general and special standards for responsibility, details how these standards are applied, addresses subcontractor responsibility, and sets forth requirements for representations, certifications, and the use of performance and integrity information systems. The goal is to ensure that only contractors with the necessary capability, integrity, and reliability are entrusted with federal contracts.
Key Rules
- General Standards (9.104-1)
- Contractors must demonstrate adequate financial resources, ability to comply with delivery schedules, satisfactory performance record, integrity, and necessary organizational resources.
- Special Standards (9.104-2)
- Agencies may establish additional, contract-specific responsibility standards when necessary.
- Application of Standards (9.104-3)
- Contracting officers must apply these standards to all prospective contractors and document their determinations.
- Subcontractor Responsibility (9.104-4)
- Prime contractors must ensure their subcontractors also meet responsibility standards.
- Representations and Certifications (9.104-5)
- Contractors must provide accurate responsibility-related representations and certifications.
- FAPIIS (9.104-6)
- Contracting officers must review the Federal Awardee Performance and Integrity Information System for relevant contractor information.
- Solicitation Provisions and Clauses (9.104-7)
- Solicitations must include appropriate provisions and clauses related to responsibility.
Responsibilities
- Contracting Officers: Evaluate and document contractor responsibility, review FAPIIS, include required clauses.
- Contractors: Meet all general and special standards, provide truthful certifications, ensure responsible subcontractors.
- Agencies: May establish special standards, oversee compliance, and maintain integrity in the procurement process.
Practical Implications
- Ensures only qualified, reliable contractors receive federal contracts.
- Impacts pre-award due diligence and ongoing compliance.
- Common pitfalls include incomplete certifications, failure to check subcontractor responsibility, or overlooking FAPIIS reviews.