FAR 22.1009-2—Attempt to identify possible places of performance.
Plain-English Summary
FAR 22.1009-2 tells the contracting officer to make a reasonable effort to identify the specific places or geographic areas where the services may be performed. Its purpose is to help the Government determine likely performance locations early in the acquisition process so it can better assess labor standards issues, market availability, and solicitation planning. The section gives three examples of information sources that may reveal those locations: the locations of previous contractors and their competitors, Internet-based databases listing prospective offerors and contractors, and responses to a presolicitation notice under FAR 5.204. In practice, this is a market-research and planning step, not a rigid procedural hurdle, but it is important because service performance location can affect wage determinations, competition strategy, and solicitation terms. The section is about identifying likely performance geography, not definitively proving every place work will occur.
Key Rules
Make a reasonable attempt
The contracting officer should try to identify the specific places or geographic areas where the services might be performed. The rule is framed as a practical effort requirement, meaning the CO should use available information to narrow down likely performance locations.
Use prior contractor data
One indicator of possible performance locations is where previous contractors and their competitors have operated. Past performance and incumbent market patterns can help the CO infer where the work is likely to be done.
Check Internet databases
The CO may use Internet-accessible databases that list prospective offerors and contractors. These sources can help identify firms with a presence in the relevant geographic area or with a likely ability to perform there.
Review presolicitation responses
Responses to a presolicitation notice under FAR 5.204 may indicate where interested firms are located or where they expect to perform. This information can help refine the Government’s understanding of possible performance areas before issuing the solicitation.
Responsibilities
Contracting Officer
Attempt to identify the specific places or geographic areas where the services may be performed. Use reasonable market-research sources such as prior contractor locations, Internet databases of prospective offerors and contractors, and responses to a presolicitation notice.
Prospective Offerors / Contractors
If they respond to a presolicitation notice or appear in databases reviewed by the Government, their information may be used to help the contracting officer identify likely performance locations. They should ensure any location information they provide is accurate and current.
Agency
Support the contracting officer’s market research and acquisition planning by providing access to relevant information sources and by using the identified performance locations in downstream planning, such as solicitation preparation and labor standards analysis.
Practical Implications
This step helps the Government anticipate where service work will actually be done, which can affect wage determinations, local labor compliance issues, and solicitation strategy.
The contracting officer should not treat the listed sources as exclusive; they are examples of useful indicators, so other reasonable market-research sources may also be relevant.
A common pitfall is assuming the place of performance is obvious from the place of contract award or the contractor’s headquarters; the actual service location may be different.
Another risk is relying on outdated contractor information or stale databases, which can lead to incorrect assumptions about where work will occur.
For contractors, participation in presolicitation notices and accurate profile information in public databases can indirectly influence how the Government frames the acquisition and where it expects performance to occur.
Official Regulatory Text
The contracting officer should attempt to identify the specific places or geographical areas where the services might be performed. The following may indicate possible places of performance: (a) Locations of previous contractors and their competitors. (b) Databases available via the Internet for lists of prospective offerors and contractors. (c) Responses to a presolicitation notice (see 5.204 ).