9.105-1 Obtaining information
Source: FAR 9.105-1 on acquisition.gov
Contracting officers must gather and evaluate current, comprehensive information from multiple sources to ensure a contractor is responsible before awarding a contract.
Overview
FAR 9.105-1 outlines the procedures contracting officers must follow to obtain sufficient information to determine whether a prospective contractor is responsible, as required by FAR 9.104. The regulation details when and how to gather responsibility information, including the use of preaward surveys, financial and performance data, and various information sources. It emphasizes the need for current, relevant data and coordination between contracting and contract administration offices, especially when doubts arise about a contractor’s ability to perform.
Key Rules
- Responsibility Determination
- Contracting officers must ensure they have enough information to confirm a contractor meets responsibility standards before award.
- Timing and Scope of Information Gathering
- Information is typically gathered after bid opening or receipt of offers, but may be obtained earlier in negotiated contracts, especially for R&D.
- Focus is on the low bidder or offerors in award range.
- Preaward Surveys
- Managed by the surveying activity, which may be a contract administration office or another entity; specific roles for financial and accounting system reviews are defined.
- Currency of Information
- Financial and performance data must be as current as feasible up to award date.
- Use of Multiple Information Sources
- Officers must consider FAPIIS, SAM, CPARS, internal records, contractor-provided data, commercial sources, preaward surveys, and other relevant sources.
- Information Sharing
- Offices must promptly share information if doubts arise about a contractor’s ability to perform.
Responsibilities
- Contracting Officers: Obtain and evaluate current, relevant responsibility information; use multiple sources; coordinate with auditors and contract administration offices; share concerns promptly.
- Contractors: Provide accurate, up-to-date information as requested, including certifications and financial data.
- Agencies: Ensure proper management of preaward surveys and facilitate information exchange between offices.
Practical Implications
- This section ensures only responsible contractors receive awards, reducing risk of nonperformance.
- Contractors must be prepared to provide detailed, current information and respond to preaward surveys.
- Delays or incomplete information can jeopardize contract awards; proactive communication is essential.
(a) Before making a determination of responsibility, the contracting officer shall possess or obtain information sufficient to be satisfied that a prospective contractor currently meets the applicable standards in 9.104.
(b)
(1) Generally, the contracting officer shall obtain information regarding the responsibility of prospective contractors, including requesting preaward surveys when necessary (see 9.106), promptly after a bid opening or receipt of offers. However, in negotiated contracting, especially when research and development is involved, the contracting officer may obtain this information before issuing the request for proposals. Requests for information shall ordinarily be limited to information concerning-
(i) The low bidder; or
(ii) Those offerors in range for award.
(2) Preaward surveys shall be managed and conducted by the surveying activity.
(i) If the surveying activity is a contract administration office-
(A) That office shall advise the contracting officer on prospective contractors’ financial competence and credit needs; and
(B) The administrative contracting officer shall obtain from the auditor any information required concerning the adequacy of prospective contractors’ accounting systems and these systems’ suitability for use in administering the proposed type of contract.
(ii) If the surveying activity is not a contract administration office, the contracting officer shall obtain from the auditor any information required concerning prospective contractors’ financial competence and credit needs, the adequacy of their accounting systems, and these systems’ suitability for use in administering the proposed type of contract.
(3) Information on financial resources and performance capability shall be obtained or updated on as current a basis as is feasible up to the date of award.
(c) In making the determination of responsibility, the contracting officer shall consider information available through FAPIIS (see 9.104-6) with regard to the offeror and any immediate owner, predecessor, or subsidiary identified for that offeror in FAPIIS, including information that is linked to FAPIIS such as from SAM, and CPARS, as well as any other relevant past performance information on the offeror (see 9.104-1(c) and subpart 42.15). In addition, the contracting officer should use the following sources of information to support such determinations:
(1) Records and experience data, including verifiable knowledge of personnel within the contracting office, audit offices, contract administration offices, and other contracting offices.
(2) The prospective contractor-including bid or proposal information (including the certification at 52.209-5 or 52.212-3(h) (see 9.104-5)), questionnaire replies, financial data, information on production equipment, and personnel information.
(3) Commercial sources of supplier information of a type offered to buyers in the private sector.
(4) Preaward survey reports (see 9.106).
(5) Other sources such as publications; suppliers, subcontractors, and customers of the prospective contractor; financial institutions; Government agencies; and business and trade associations.
(d) Contracting offices and cognizant contract administration offices that become aware of circumstances casting doubt on a contractor’s ability to perform contracts successfully shall promptly exchange relevant information.