9.104-7
Solicitation provisions and contract clauses
FAR 9.104-7 mandates specific responsibility, tax, and felony conviction certifications in solicitations and contracts based on value and agency, ensuring only responsible contractors are eligible for award.
Overview
FAR 9.104-7 outlines the specific solicitation provisions and contract clauses that contracting officers must include in solicitations and contracts to ensure contractor responsibility. The section mandates the use of various FAR clauses and provisions based on contract value thresholds and agency-specific appropriations, focusing on certifications regarding responsibility, tax matters, and felony convictions. These requirements help agencies assess the integrity and eligibility of potential contractors before award.
Key Rules
- Certification Regarding Responsibility Matters (FAR 52.209-5)
- Must be included in solicitations expected to exceed the simplified acquisition threshold.
- Information Regarding Responsibility Matters (FAR 52.209-7)
- Required in solicitations where the contract value is expected to exceed $750,000.
- Updates of Publicly Available Information (FAR 52.209-9)
- Inserted in solicitations and contracts over $750,000, and when the offeror indicates relevant responsibility matters in 52.209-7.
- Representation Regarding Delinquent Tax Liability or Felony Conviction (FAR 52.209-11)
- Required in all solicitations, regardless of value.
- Certification Regarding Tax Matters (FAR 52.209-12)
- Required for certain agencies in solicitations where the contract may exceed $7 million.
Responsibilities
- Contracting Officers: Ensure the correct FAR provisions and clauses are included in solicitations and contracts based on value and agency requirements.
- Contractors: Accurately complete and certify the required responsibility, tax, and felony conviction representations.
- Agencies: Oversee compliance with these requirements and ensure proper vetting of contractor responsibility.
Practical Implications
- This section ensures only responsible contractors are considered for federal contracts, reducing risk of fraud or non-performance.
- Contractors must be diligent in providing accurate certifications, as misrepresentation can lead to ineligibility or legal consequences.
- Common pitfalls include missing required clauses for higher-value contracts or failing to update responsibility information as required.