FAR 9.104-2—Special standards.
Plain-English Summary
FAR 9.104-2 explains when and how contracting officers may add special responsibility standards beyond the general responsibility standards in FAR 9.104-1. It covers two related topics: first, the authority to develop special standards for a particular acquisition or class of acquisitions when unusual expertise or specialized facilities are needed for satisfactory performance; and second, a specific rule for subsistence contracts, which may be awarded only to contractors who meet the general responsibility standards and are approved under applicable agency sanitation standards and procedures. In practice, this section lets agencies tailor responsibility requirements to the actual risks of the work, but it also limits that tailoring by requiring specialist input, solicitation disclosure, and equal application to all offerors. For contractors, it means some procurements may include extra capability, facility, or approval requirements that must be satisfied before award. For contracting officers, it creates a duty to justify, document, and clearly communicate any special standards so they are applied fairly and consistently.
Key Rules
Special standards may be developed
When needed for a particular acquisition or class of acquisitions, the contracting officer may develop special standards of responsibility. These standards are appropriate when the work requires unusual expertise or specialized facilities for adequate performance.
Use specialist assistance
The contracting officer must develop special standards with the assistance of appropriate specialists. This helps ensure the standards are technically sound, relevant to the requirement, and not arbitrary or overly restrictive.
State standards in solicitation
Special standards must be set out in the solicitation and clearly identified as such. They must apply to all offerors, so no bidder or offeror is subjected to undisclosed or unequal responsibility requirements.
Subsistence contracts have extra approval
For subsistence acquisitions, award may be made only to prospective contractors that meet the general responsibility standards in FAR 9.104-1 and are approved under agency sanitation standards and procedures. This adds a specific health and sanitation safeguard to the normal responsibility review.
Responsibilities
Contracting Officer
Determine whether special responsibility standards are necessary, obtain assistance from appropriate specialists, include the standards in the solicitation, apply them equally to all offerors, and for subsistence procurements ensure the prospective contractor meets both general responsibility standards and agency sanitation approval requirements.
Appropriate Specialists
Assist the contracting officer in developing special standards that reflect the technical, operational, or facility-related needs of the acquisition.
Offerors/Prospective Contractors
Review the solicitation for any special responsibility standards, demonstrate compliance with those standards if applicable, and for subsistence contracts obtain and maintain approval under the relevant sanitation standards and procedures.
Agency
Establish and administer sanitation standards and procedures for subsistence procurements and provide the framework used to approve prospective contractors under those requirements.
Practical Implications
Special standards are a tool for high-risk or technically demanding buys, but they should be used only when the requirement truly needs them; otherwise they can create unnecessary barriers to competition.
Because the standards must be identified in the solicitation, contractors should read the responsibility section carefully and confirm they can document compliance before submitting an offer.
A common pitfall is treating special standards as informal evaluation preferences rather than mandatory responsibility criteria; if they are not in the solicitation, they should not be used as hidden award conditions.
For subsistence contracts, sanitation approval is not optional and does not replace the general responsibility determination; both layers must be satisfied before award.
Contracting officers should make sure special standards are objective, supportable, and tied to contract performance, since vague or overly restrictive standards can lead to protests or inconsistent application.
Official Regulatory Text
(a) When it is necessary for a particular acquisition or class of acquisitions, the contracting officer shall develop, with the assistance of appropriate specialists, special standards of responsibility. Special standards may be particularly desirable when experience has demonstrated that unusual expertise or specialized facilities are needed for adequate contract performance. The special standards shall be set forth in the solicitation (and so identified) and shall apply to all offerors. (b) Contracting officers shall award contracts for subsistence only to those prospective contractors that meet the general standards in 9.104-1 and are approved in accordance with agency sanitation standards and procedures.