9.104-4
Subcontractor responsibility
Prime contractors must ensure their subcontractors are responsible, and may need to provide written evidence, while the government can directly assess subcontractor responsibility in special cases.
Overview
FAR 9.104-4 outlines the requirements and procedures for determining the responsibility of subcontractors in federal contracting. While the primary responsibility for evaluating subcontractor responsibility lies with the prospective prime contractor, the regulation allows the government to intervene and make its own determination in certain circumstances, such as contracts involving medical supplies, urgent needs, or significant subcontracting. The standards for evaluating subcontractor responsibility mirror those used for prime contractors. Additionally, prime contractors may be required to provide written evidence of their subcontractors' responsibility, and must avoid using debarred, suspended, or ineligible firms as subcontractors.
Key Rules
- Prime Contractor Responsibility
- Prime contractors are generally responsible for assessing the responsibility of their prospective subcontractors.
- Government Intervention
- The contracting officer may directly determine a subcontractor’s responsibility when it serves the government’s interest, using the same standards as for prime contractors.
- Written Evidence Requirement
- Prime contractors may be required to submit written evidence supporting a subcontractor’s responsibility.
- Debarred or Suspended Firms
- Prime contractors must not use debarred, suspended, or ineligible firms as subcontractors (see FAR 9.405 and 9.405-2).
Responsibilities
- Contracting Officers: May require written evidence of subcontractor responsibility and may directly assess subcontractor responsibility in special cases.
- Contractors: Must evaluate and ensure the responsibility of their subcontractors and provide documentation if requested.
- Agencies: Oversee compliance and may intervene in subcontractor responsibility determinations when necessary.
Practical Implications
- This section ensures that only responsible subcontractors participate in federal contracts, protecting government interests and contract performance.
- Contractors must have robust processes for vetting subcontractors and be prepared to document their due diligence.
- Failure to properly assess or document subcontractor responsibility can jeopardize contract awards or result in compliance violations.