9.104-7
Solicitation provisions and contract clauses
Contracting officers must include specific responsibility, tax, and felony certification provisions in solicitations and contracts based on value thresholds and agency funding to ensure contractor integrity and compliance.
Overview
FAR 9.104-7 prescribes the specific solicitation provisions and contract clauses that contracting officers must include in solicitations and contracts to ensure contractor responsibility. The section outlines which FAR clauses and provisions apply based on contract value thresholds and agency funding sources, focusing on certifications regarding responsibility, tax matters, and felony convictions. These requirements help agencies assess the integrity and responsibility of potential contractors before award and ensure ongoing compliance during contract performance.
Key Rules
- Certification Regarding Responsibility Matters (52.209-5)
- Must be included in solicitations expected to exceed the simplified acquisition threshold.
- Information Regarding Responsibility Matters (52.209-7)
- Required in solicitations where the contract value is expected to exceed $600,000.
- Updates of Publicly Available Information (52.209-9)
- Inserted in solicitations and contracts exceeding $600,000, and when the offeror has indicated relevant responsibility matters.
- Representation by Corporations Regarding Delinquent Tax Liability or Felony Conviction (52.209-11)
- Required in all solicitations, regardless of value.
- Certification Regarding Tax Matters (52.209-12)
- Required for certain agencies (as listed) when the contract value may exceed $5.5 million.
Responsibilities
- Contracting Officers: Must ensure the correct provisions and clauses are included in solicitations and contracts based on value and agency funding.
- Contractors: Must provide accurate certifications and representations as required by the included provisions.
- Agencies: Must monitor compliance and ensure that only responsible contractors are awarded contracts.
Practical Implications
- Ensures only responsible contractors are considered for award, reducing risk of fraud or non-performance.
- Contractors must be diligent in providing truthful and complete information.
- Failure to include or comply with these provisions can result in delays, ineligibility, or contract termination.