FAR 52.209-7—Information Regarding Responsibility Matters.
Plain-English Summary
FAR 52.209-7 is a solicitation provision that requires certain offerors to disclose and keep current responsibility-related information in the Federal Awardee Performance and Integrity Information System (FAPIIS). It covers the definition of key terms such as administrative proceeding, Federal contracts and grants with total value greater than $10,000,000, and principal; the threshold test for whether the offeror has qualifying current active Federal contracts and grants; the offeror’s representation that its FAPIIS information is current, accurate, and complete; the specific types of criminal, civil, and administrative proceedings that must be reported when they occurred within the last five years in connection with a Federal contract or grant; and the requirement to post that information through an active SAM registration. In practice, the provision is designed to give the Government visibility into serious responsibility matters that may affect present responsibility, integrity, and eligibility for award. It is not a general disclosure rule for all disputes or compliance issues; it is targeted to adjudicatory proceedings and specified outcomes tied to Federal contract or grant performance. Contractors with large current Federal business must review their FAPIIS entries carefully before submitting an offer, because the provision makes the offer itself a representation that the record is current and complete. Contracting officers use the provision to support responsibility determinations and to ensure the Government has access to relevant integrity information before award.
Key Rules
Applies above $10 million
The provision only applies if the offeror has current active Federal contracts and grants with a total value greater than $10,000,000, including priced options and certain active orders under IDIQ, 8(a), requirements, and multiple-award schedule arrangements. If the threshold is not met, the offeror does not make the FAPIIS representation required by paragraph (c).
Defines reportable proceedings narrowly
Only certain criminal, civil, and administrative proceedings connected to award or performance of a Federal contract or grant are covered. Routine agency actions such as audits, site visits, corrective action plans, or inspection of deliverables are excluded because they are not adjudicatory proceedings determining fault or liability.
Five-year lookback period
The offeror must consider qualifying proceedings that occurred within the last five years. The lookback applies to the offeror and its principals, so the company cannot limit review to the corporate entity alone.
Specific outcomes must be disclosed
The provision focuses on proceedings that resulted in a conviction, a civil finding of fault and liability with specified monetary consequences, an administrative finding of fault and liability with specified monetary consequences, or a consent/compromise disposition with an acknowledgment of fault when the matter could have led to one of those outcomes.
FAPIIS must be current and complete
If the threshold is met, the offeror represents that the information entered in FAPIIS is current, accurate, and complete as of the date of offer submission. This is a certification-like statement tied to the offer, so stale or incomplete entries can create compliance and responsibility issues.
SAM registration drives posting
The offeror must post the required information in FAPIIS through maintaining an active SAM registration. The provision ties the reporting obligation to SAM, making registration maintenance part of the compliance process.
Responsibilities
Offeror
Determine whether it has current active Federal contracts and grants exceeding $10,000,000 in total value, including the specified options and orders. If so, review FAPIIS and ensure the required information about the offeror and its principals is current, accurate, and complete before submitting the offer.
Offeror's principals
Disclose qualifying proceedings involving officers, directors, owners, partners, and persons with primary management or supervisory responsibilities. Their individual conduct and proceedings are included in the company’s responsibility review.
Contracting Officer
Use the provision to obtain responsibility-related information from offerors above the threshold and consider the disclosed information in the responsibility determination and award process.
Agency / Government
Maintain and use FAPIIS and SAM as the systems through which the required information is posted and accessed. The Government also relies on the reported information to assess integrity and responsibility.
Practical Implications
Contractors with significant Federal business should build a pre-offer FAPIIS review into proposal preparation, not treat it as a last-minute checkbox. The representation is made by submitting the offer, so errors can arise immediately if the database is outdated.
The biggest pitfall is undercounting the $10 million threshold by overlooking active orders, priced options, or covered contract vehicles. Companies should aggregate current active Federal contracts and grants carefully before deciding whether the provision applies.
Another common mistake is confusing reportable proceedings with ordinary compliance activity. Audits, corrective action plans, and inspections are not reportable under this provision unless they are part of an adjudicatory proceeding that fits the definition.
Contractors should review whether proceedings involving subsidiaries, affiliates, or individual executives qualify as proceedings involving a principal, because the provision reaches both the entity and its principals.
Because the rule is tied to responsibility, incomplete disclosure can affect award eligibility even if the underlying matter is not disqualifying by itself. The practical goal is transparency, so timely and accurate FAPIIS maintenance is essential.
Official Regulatory Text
As prescribed at 9.104-7 (b) , insert the following provision: Information Regarding Responsibility Matters (Oct 2018) (a) Definitions . As used in this provision— Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability ( e.g. , Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. Federal contracts and grants with total value greater than $10,000,000 means— (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity ( e.g. , general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in– (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7 ). (End of provision)