9.104-7 Solicitation provisions and contract clauses
Source: FAR 9.104-7 on acquisition.gov
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.
(a) The contracting officer shall insert the provision at 52.209-5, Certification Regarding Responsibility Matters, in solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(b) The contracting officer shall insert the provision at 52.209-7, Information Regarding Responsibility Matters, in solicitations where the resultant contract value is expected to exceed $750,000.
(c) The contracting officer shall insert the clause at 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters-
(1) In solicitations where the resultant contract value is expected to exceed $750,000; and
(2) In contracts in which the offeror checked "has" in paragraph (b) of the provision at 52.209-7.
(d) The contracting officer shall insert the provision 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law, in all solicitations.
(e) For agencies receiving funds subject to section 523 of Division B of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and similar provisions in subsequent appropriations acts, the contracting officer shall insert the provision 52.209-12, Certification Regarding Tax Matters, in solicitations for which the resultant contract (including options) may have a value greater than $7 million. Division B of the Consolidated and Continuing Further Appropriations Act, 2015 appropriates funds for the following agencies: the Department of Commerce, the Department of Justice, the National Aeronautics and Space Administration, the Office of Science and Technology Policy, the National Science Foundation, the Commission on Civil Rights, the Equal Employment Opportunity Commission, the U.S. International Trade Commission, the Legal Services Corporation, the Marine Mammal Commission, the Office of the United States Trade Representative, and the State Justice Institute.