FAR 9.102—Applicability.
Plain-English Summary
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.
Key Rules
Applies to U.S.-based contractors
The subpart applies to all proposed contracts with prospective contractors located in the United States or its outlying areas. Contracting officers must use the responsibility framework for these acquisitions unless another FAR exception applies.
Applies abroad unless inconsistent
For prospective contractors located outside the United States, the subpart still applies unless doing so would conflict with the laws or customs of the contractor’s location. This creates a default rule of applicability with a limited foreign-law or custom-based exception.
No coverage for governments
The subpart does not apply to proposed contracts with foreign, state, or local governments. Those entities are outside the scope of this responsibility provision.
No coverage for federal agencies
The subpart does not apply to proposed contracts with other U.S. Government agencies or their instrumentalities. Interagency arrangements are therefore excluded from this applicability rule.
No coverage for certain nonprofit agencies
The subpart does not apply to agencies for people who are blind or severely disabled, which are addressed under FAR subpart 8.7. Those procurements follow the special program rules rather than this subpart.
Responsibilities
Contracting Officer
Determine whether FAR subpart 9.1 applies to the proposed contract based on the prospective contractor’s location and the listed exclusions. Avoid using this subpart for contracts with excluded entities and consider foreign-law or custom limitations when dealing with overseas contractors.
Prospective Contractor
Understand that responsibility standards may apply if the contractor is located in the United States, its outlying areas, or abroad unless local law or custom makes application inconsistent. Provide information needed for the government’s responsibility review when the subpart applies.
Agency
Ensure acquisition personnel apply the correct procurement framework and do not use FAR subpart 9.1 for excluded entities such as other federal agencies or agencies for people who are blind or severely disabled. Route those transactions under the proper authority or program.
Practical Implications
This section is a threshold applicability rule, so the first question is not whether a contractor is responsible, but whether FAR subpart 9.1 applies at all.
A common pitfall is assuming all foreign contractors are outside the rule; in fact, the subpart generally applies overseas unless local law or custom makes it inconsistent.
Another frequent mistake is applying responsibility procedures to transactions with other federal agencies or special nonprofit agencies covered by subpart 8.7, when those are expressly excluded.
Contracting officers should document the basis for applicability or nonapplicability early, especially in cross-border acquisitions where local legal or cultural issues may matter.
For contractors, this section signals when they may be asked to support a responsibility determination and when a different procurement regime is likely controlling.
Official Regulatory Text
(a) This subpart applies to all proposed contracts with any prospective contractor that is located- (1) In the United States or its outlying areas; or (2) Elsewhere, unless application of the subpart would be inconsistent with the laws or customs where the contractor is located. (b) This subpart does not apply to proposed contracts with- (1) Foreign, State, or local governments; (2) Other U.S. Government agencies or their instrumentalities; or (3) Agencies for people who are blind or severely disabled (see subpart 8.7 ).