What FAR Part 9 / 48 CFR Part 9 - Contractor Qualifications requires
Federal Acquisition Regulation (FAR) Part 9 / 48 CFR Part 9 establishes the framework for determining contractor responsibility and managing related qualifications across five subparts: 9.1 Responsible Prospective Contractors (substantive responsibility determination criteria); 9.4 Debarment, Suspension, and Ineligibility (system for excluding non-responsible contractors from federal contracting via FAPIIS and SAM exclusions); 9.5 Organizational and Consultant Conflicts of Interest (preventing actual or apparent conflicts that could compromise procurement integrity); 9.6 Contractor Team Arrangements (joint ventures, prime/subcontractor teaming); 9.7 Defense Production Pools and Research and Development Pools. FAR 9.103 requires that 'No purchase or award shall be made unless the contracting officer makes an affirmative determination of responsibility' - the foundational requirement that contracting officers cannot award contracts to non-responsible offerors. FAR 9.104-1 enumerates seven responsibility criteria: (1) adequate financial resources or ability to obtain them; (2) ability to comply with required/proposed delivery or performance schedule considering existing commercial and government commitments; (3) satisfactory performance record (lack of relevant past performance cannot be sole basis for rejection); (4) satisfactory record of integrity and business ethics; (5) necessary organization, experience, accounting and operational controls, and technical capability; (6) necessary production, construction, and technical equipment and facilities; (7) be otherwise qualified and eligible to receive an award under applicable laws and regulations including age requirements, citizenship requirements, security clearance requirements, and parallel statutory eligibility. FAR 9.4 establishes the federal debarment and suspension system - the System for Award Management (SAM) Exclusions database lists excluded entities; debarment under FAR 9.406 typically 3 years for serious violations; suspension under FAR 9.407 pending investigation; FAPIIS Federal Awardee Performance and Integrity Information System captures performance and integrity data. FAR 9.5 Organizational Conflicts of Interest (OCI) regulates impaired objectivity, unequal access to information, and biased ground rules conflicts; the SAIC v United States and FAR 9.5 case law establishes the operational framework.
Pillar: Public Sector & Government Procurement · Authority: Federal Acquisition Regulatory Council (FARC) - codified in 48 CFR Chapter 1 Part 9 · Version: 1.0.0 · Last updated:
Primary source: https://www.acquisition.gov/far/part-9
SHA-256 integrity: 3fb822f252acdc83ea57bd17031be31ed0625cf70fa89365e14a0b29a8c2de93
Primary Citations — 5 traced to source
- FAR 9.103(a) RESPONSIBILITY DETERMINATION REQUIRED: 'Purchases shall be made from, and contracts shall be awarded to, responsible prospective contractors only.'
- FAR 9.103(b) AFFIRMATIVE DETERMINATION REQUIREMENT: 'No purchase or award shall be made unless the contracting officer makes an affirmative determination of responsibility. In the absence of information clearly indicating that the prospective contractor is responsible, the contracting officer shall make a determination of nonresponsibility.'
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