Determinations and documentation
Contracting officers must thoroughly document and timely report responsibility determinations, especially nonresponsibility findings, in accordance with FAPIIS and SBA procedures to ensure transparency and compliance.
Overview
FAR 9.105-2 outlines the requirements for contracting officers to make, document, and support determinations of contractor responsibility or nonresponsibility. It details the procedures for documenting these determinations, especially when rejecting an offer due to nonresponsibility, and specifies the use of the Federal Awardee Performance and Integrity Information System (FAPIIS) for certain nonresponsibility determinations. The section also addresses special procedures for small businesses, including the role of the Small Business Administration (SBA) and Certificates of Competency, and provides guidance on the public availability and handling of sensitive information in FAPIIS.
Key Rules
- Determination of Responsibility/Nonresponsibility
- The contracting officer’s signature on a contract is a determination of responsibility. If a contractor is found nonresponsible, a signed, written determination stating the basis must be placed in the contract file.
- Small Business Concerns
- If a small business is found lacking responsibility, the contracting officer must follow subpart 19.6 procedures. If the SBA issues a Certificate of Competency, the contract must be awarded to the small business.
- Supporting Documentation
- All supporting documents, including preaward surveys, FAPIIS information, and Certificates of Competency, must be included in the contract file.
- FAPIIS Reporting
- For contracts above the simplified acquisition threshold, nonresponsibility determinations based on performance or integrity (without an SBA Certificate of Competency) must be documented in FAPIIS within 3 working days.
- Public Disclosure and FOIA
- Most FAPIIS information becomes public after 14 days, except for certain exemptions. Information covered by FOIA exemptions must not be posted or must be removed if challenged.
Responsibilities
- Contracting Officers: Must make, document, and file determinations; report certain nonresponsibility findings in FAPIIS; ensure accuracy and timeliness; follow SBA procedures for small businesses; and handle FOIA-exempt information properly.
- Contractors: May challenge FAPIIS postings under FOIA; small businesses may seek SBA Certificates of Competency.
- Agencies: Oversee compliance with documentation, reporting, and FOIA procedures.
Practical Implications
This section ensures transparency and accountability in contractor responsibility determinations, especially for small businesses and contracts above the simplified acquisition threshold. Proper documentation and timely FAPIIS reporting are critical, and mishandling FOIA-exempt information or failing to follow SBA procedures can lead to compliance issues or protests.