9.104-2 Special standards
Source: FAR 9.104-2 on acquisition.gov
Special responsibility standards must be developed and clearly stated in solicitations when acquisitions require unique expertise or facilities, and subsistence contracts require compliance with agency sanitation standards.
Overview
FAR 9.104-2 addresses the use of special standards of responsibility in government contracting. When a particular acquisition requires unique expertise or specialized facilities beyond the general standards, the contracting officer must develop special standards with input from relevant specialists. These standards must be clearly stated in the solicitation and apply equally to all offerors. Additionally, for subsistence contracts (such as food or related supplies), contractors must meet both the general responsibility standards and specific agency sanitation requirements before award.
Key Rules
- Development of Special Standards
- Contracting officers must create special responsibility standards for acquisitions needing unusual expertise or facilities, with specialist input.
- Solicitation Requirements
- Special standards must be explicitly included and identified in the solicitation, applying to all offerors.
- Subsistence Contracts
- Contracts for subsistence require contractors to meet both general responsibility standards and agency-specific sanitation standards.
Responsibilities
- Contracting Officers: Identify when special standards are needed, develop them with specialists, and ensure they are included in solicitations; verify subsistence contractors meet sanitation standards.
- Contractors: Demonstrate compliance with all special standards in the solicitation and, for subsistence contracts, meet agency sanitation requirements.
- Agencies: Provide specialists to assist in developing standards and enforce sanitation approvals for subsistence contracts.
Practical Implications
- This section ensures that only qualified contractors with the necessary expertise or facilities are eligible for certain contracts, reducing performance risk. For subsistence contracts, it adds a layer of public health protection. Contractors must pay close attention to solicitation requirements and be prepared to demonstrate compliance with any special or sanitation standards, as failure to do so can result in disqualification.
(a) When it is necessary for a particular acquisition or class of acquisitions, the contracting officer shall develop, with the assistance of appropriate specialists, special standards of responsibility. Special standards may be particularly desirable when experience has demonstrated that unusual expertise or specialized facilities are needed for adequate contract performance. The special standards shall be set forth in the solicitation (and so identified) and shall apply to all offerors.
(b) Contracting officers shall award contracts for subsistence only to those prospective contractors that meet the general standards in 9.104-1 and are approved in accordance with agency sanitation standards and procedures.