FAR 9.101—Definitions.
Plain-English Summary
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.
Key Rules
Administrative proceeding is non-judicial
An administrative proceeding is a non-court process that is adjudicatory in nature and is used to determine fault or liability. The definition is broad enough to include proceedings at both the Federal and state levels, but only when they relate to performance of a Federal contract or grant.
Examples are expressly included
The FAR specifically names examples such as Securities and Exchange Commission administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings. These examples show the type of formal adjudicatory process the term is meant to capture.
Routine oversight is excluded
The definition does not include agency actions like contract audits, site visits, corrective plans, or inspection of deliverables. Those activities may inform contract administration, but they are not administrative proceedings for purposes of this subpart.
Federal and state proceedings must connect to Federal work
State or Federal administrative proceedings count only when they arise in connection with performance of a Federal contract or grant. A proceeding unrelated to Federal contract or grant performance does not fall within this definition.
Surveying activity means preaward survey function
Surveying activity refers to the cognizant contract administration office, or if there is no such office, another organization the agency designates to conduct preaward surveys. This identifies the entity responsible for gathering and evaluating preaward information about a prospective contractor.
Responsibilities
Contracting Officer
Use these definitions when deciding whether a proceeding or finding is relevant under this subpart, and rely on the proper surveying activity for preaward survey support. The contracting officer should distinguish formal adjudicatory proceedings from routine oversight actions before drawing responsibility or risk conclusions.
Cognizant Contract Administration Office
Conduct preaward surveys when it is the cognizant office for the prospective contractor. It serves as the primary surveying activity unless the agency has designated another organization.
Agency-Designated Organization
Perform preaward surveys when there is no cognizant contract administration office or when the agency assigns that role elsewhere. The organization must carry out the survey function consistent with agency designation.
Contractor or Prospective Contractor
Recognize that formal administrative proceedings connected to Federal contract or grant performance may be relevant to responsibility determinations and other FAR actions. Contractors should also understand that audits, site visits, and inspections are not administrative proceedings under this definition, even though they may still affect contract administration.
Practical Implications
This section helps determine what kinds of proceedings can be considered when evaluating contractor responsibility, misconduct, or liability-related issues.
A common pitfall is treating routine oversight actions like audits or inspections as if they were formal administrative proceedings; the FAR says they are not.
Another frequent mistake is ignoring the required connection to Federal contract or grant performance when a state or Federal proceeding is involved.
For preaward work, parties should identify the correct surveying activity early, because the cognizant contract administration office may not always exist.
These definitions are narrow but important: they control who gathers preaward information and what formal proceedings can be used in later FAR analyses.
Official Regulatory Text
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 connections 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. Surveying activity , as used in this subpart, means the cognizant contract administration office or, if there is no such office, another organization designated by the agency to conduct preaward surveys.