9.105-1
Obtaining information
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.