9.106-1
Conditions for preaward surveys
Preaward surveys should only be conducted when necessary, with eligibility checks and prompt reporting of unfavorable information required to ensure responsible contracting decisions.
Overview
FAR 9.106-1 outlines the specific conditions under which a preaward survey should be conducted to determine a prospective contractor's responsibility. The regulation emphasizes that preaward surveys are generally only necessary when existing information is insufficient for the contracting officer to make a responsibility determination. For contracts at or below the simplified acquisition threshold or for commercial products/services, preaward surveys should be avoided unless justified by circumstances. The section also requires prompt communication of unfavorable information by contract administration offices and mandates checks for debarment, suspension, or ineligibility before initiating a survey.
Key Rules
- Necessity of Preaward Surveys
- Preaward surveys are only required if available information is inadequate to determine contractor responsibility.
- Thresholds and Commercial Items
- For fixed-price contracts at or below the simplified acquisition threshold, or for commercial products/services, preaward surveys should not be requested unless justified.
- Reporting Unfavorable Information
- Contract administration offices must promptly report any unfavorable information about a prospective contractor to the contracting officer if no survey has been requested.
- Debarment, Suspension, or Ineligibility Check
- Surveying activities must verify the contractor's eligibility status before starting a survey and notify the contracting officer if the contractor is debarred, suspended, or ineligible.
Responsibilities
- Contracting Officers: Request preaward surveys only when necessary and justified; review reports from contract administration offices; ensure eligibility checks are performed.
- Contractors: Be prepared to provide information if a preaward survey is justified; maintain eligibility status.
- Agencies: Contract administration offices must communicate unfavorable information and ensure eligibility checks are conducted before surveys.
Practical Implications
- This section ensures efficient use of resources by limiting preaward surveys to situations where they are truly needed, especially for lower-value or commercial contracts. It also establishes clear communication and eligibility verification procedures to prevent awards to ineligible contractors. Common pitfalls include unnecessary survey requests or failing to check eligibility status before proceeding.