FAR 9.1—Subpart 9.1

Scope of subpart.

FAR 9.100 is the scope statement for Subpart 9.1, and it tells readers what the subpart is about: the policies, standards, and procedures used to determine whether prospective contractors and subcontractors are responsible. In practice, this means the subpart governs the government’s preaward responsibility review process, including how contracting personnel decide whether a firm has the capability, integrity, and reliability needed to perform. The section does not itself list the responsibility factors; instead, it frames the entire subpart and signals that the rules apply both to prime contractors and, where relevant, subcontractors. Its purpose is to ensure the Government awards contracts only to firms that can reasonably be expected to perform successfully and in compliance with contract requirements. For contractors, this section matters because responsibility determinations can affect award eligibility even when price and technical factors are otherwise acceptable. For contracting officers, it establishes that responsibility is a required part of the award decision and must be handled under the standards and procedures in the rest of Subpart 9.1.

Definitions.

FAR 9.101 provides two definitions used in the responsibility and debarment/suspension context: “administrative proceeding” and “surveying activity.” The first definition is important because it identifies the kinds of non-judicial proceedings that count when the FAR refers to fault or liability determinations, including examples such as SEC administrative proceedings and proceedings before the Civilian Board of Contract Appeals and Armed Services Board of Contract Appeals. It also clarifies that Federal and state administrative proceedings are covered only when they relate to performance of a Federal contract or grant, and it excludes routine agency oversight actions such as contract audits, site visits, corrective plans, and inspection of deliverables. The second definition explains who performs preaward surveys: the cognizant contract administration office, or if none exists, another agency-designated organization. In practice, these definitions matter because they determine what kinds of proceedings and organizations are relevant when assessing contractor responsibility, preaward risk, and administrative findings under this subpart.

Applicability.

FAR 9.102 explains where the responsibility standards in FAR subpart 9.1 apply and where they do not. In practice, it tells contracting officers and contractors when the government must evaluate a prospective contractor’s responsibility under the FAR and when that framework is outside the rule’s reach. The section covers proposed contracts with contractors located in the United States or its outlying areas, as well as contractors located elsewhere unless applying the subpart would conflict with local law or custom. It also identifies three categories of proposed contracts that are excluded: contracts with foreign, state, or local governments; contracts with other U.S. Government agencies or their instrumentalities; and contracts with agencies for people who are blind or severely disabled under subpart 8.7. This matters because it defines the jurisdictional scope of the responsibility determination process and helps avoid applying FAR responsibility standards where another legal regime or procurement program governs.

Policy.

FAR 9.103 states the core policy that the Government may buy only from responsible prospective contractors and may award only after the contracting officer makes an affirmative responsibility determination. It explains that responsibility is not presumed from a low price or a technically acceptable offer alone; the contractor must affirmatively demonstrate that it can perform, and if the record does not clearly show responsibility, the contracting officer must find the offeror nonresponsible. The section also ties responsibility determinations to special procedures for small businesses under the Certificate of Competency program in FAR subpart 19.6, and to SBA Section 8(a) procedures in FAR subpart 19.8 when applicable. Finally, it warns against false economy: the lowest evaluated price may not be the best value if it leads to default, delays, or extra administrative and contractual costs. In practice, this section is the policy foundation for preaward responsibility reviews, documentation of the contracting officer’s judgment, and coordination with SBA when small business concerns are involved.

Standards.

Procedures.

Preaward surveys.

Surveys of nonprofit agencies participating in the AbilityOne Program.

FAR 9.107 explains how contracting offices support the Committee for Purchase From People Who Are Blind or Severely Disabled (the Committee) when the Committee is deciding whether a nonprofit agency can be added as a mandatory source under the AbilityOne Program. It covers the Committee’s role under 41 U.S.C. chapter 85, the requirement that the Committee must identify a capable nonprofit agency before designating a source on the Procurement List, and the contracting office’s role in helping assess capability. The section also addresses when a capability survey is requested, when the survey may be waived, what the survey should focus on, the use of Standard Form 1403, and the requirement to return the completed survey or waiver notice to the Committee’s Executive Director. In practice, this section ensures the Committee has enough technical and production information to make a sourcing decision while avoiding unnecessary surveys when capability is already clear. For contracting personnel, it is a process-control rule: respond promptly to Committee requests, document the basis for any waiver, and transmit the survey results or waiver notice back to the Committee so the AbilityOne decision can move forward.

Prohibition on contracting with inverted domestic corporations.

Prohibition on contracting with an entity involved in activities that violate arms control treaties or agreements with the United States.

Reserve Officer Training Corps and military recruiting on campus.