FAR 9.104-7—Solicitation provisions and contract clauses.
Plain-English Summary
FAR 9.104-7 tells contracting officers which responsibility-related provisions and clauses must be included in solicitations and, in some cases, resulting contracts. It covers five separate requirements: the certification regarding responsibility matters at 52.209-5, the information disclosure provision at 52.209-7, the updates clause at 52.209-9, the representation about delinquent tax liability or felony conviction at 52.209-11, and the tax matters certification at 52.209-12 for certain appropriated funds. In practice, this section is a solicitation-assembly rule: it ensures the Government gets the information it needs to assess contractor responsibility, monitor changes in responsibility-related information, and comply with appropriations-law conditions. The thresholds matter because some provisions apply above the simplified acquisition threshold, some above $750,000, and one applies to all solicitations. It also creates a special funding-based requirement for certain agencies receiving funds subject to section 523 of Division B of Pub. L. 113-235 and similar later appropriations restrictions. For contracting officers, the main significance is making sure the right provision or clause is inserted at the right dollar threshold and for the right funding source; for offerors, it means responsibility-related certifications and disclosures can affect eligibility, award, and post-award obligations.
Key Rules
Insert 52.209-5 above SAT
The contracting officer must include the provision at 52.209-5, Certification Regarding Responsibility Matters, in solicitations where the expected contract value exceeds the simplified acquisition threshold. This provision is used to obtain a certification tied to responsibility-related matters before award.
Insert 52.209-7 above $750K
The contracting officer must include the provision at 52.209-7, Information Regarding Responsibility Matters, in solicitations where the resultant contract value is expected to exceed $750,000. This provision requires offerors to disclose certain responsibility-related information.
Insert 52.209-9 in covered solicitations and contracts
The contracting officer must include the clause at 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters, in solicitations expected to exceed $750,000 and in contracts where the offeror indicated in 52.209-7(b) that it has responsibility-related information to report. The clause creates an ongoing duty to update publicly available responsibility information.
Insert 52.209-11 in all solicitations
The contracting officer must include the provision at 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law, in all solicitations. This is a universal solicitation requirement, not tied to a dollar threshold.
Insert 52.209-12 for certain funded procurements
For agencies receiving funds subject to section 523 of Division B of Pub. L. 113-235 and similar later appropriations provisions, the contracting officer must include 52.209-12, Certification Regarding Tax Matters, in solicitations where the resultant contract, including options, may exceed $7 million. This requirement is funding-source specific and applies only to the listed agencies and similar covered appropriations.
Responsibilities
Contracting Officer
Determine whether the solicitation and resulting contract meet the applicable dollar thresholds or funding conditions, then insert the required provision or clause. The contracting officer must ensure the correct FAR text is included in the solicitation package and, where required, in the resulting contract.
Offeror/Contractor
Review and complete the required responsibility-related representations, certifications, and disclosures accurately. If the offeror has responsibility-related information to report, it must understand that the 52.209-9 clause can create an ongoing obligation to update publicly available information after award.
Agency
Identify whether its appropriations are subject to section 523 of Division B of Pub. L. 113-235 or similar later provisions, and ensure contracting personnel apply the special 52.209-12 requirement when applicable. Agencies must also support compliance with responsibility screening and tax-related certification requirements.
Practical Implications
These provisions are easy to miss because they are triggered by different thresholds and one is tied to specific appropriations language, not just contract value. Contracting officers should check both the estimated value and the funding source before issuing the solicitation.
52.209-9 is especially important because it can apply not only at solicitation stage but also after award if the offeror checked that it has responsibility-related information to report. Contractors should track whether any publicly available responsibility information changes during performance.
52.209-11 applies to all solicitations, so omitting it is a common compliance error when assembling solicitation templates or using streamlined acquisition packages.
For 52.209-12, the key pitfall is assuming it applies governmentwide; it does not. It applies only to the listed agencies and similar future appropriations restrictions, and only when the contract value including options may exceed $7 million.
Because these are responsibility-related provisions, inaccurate certifications or failure to disclose required information can affect award eligibility, trigger follow-up inquiries, or create post-award compliance issues.
Official Regulatory Text
(a) The contracting officer shall insert the provision at 52.209-5 , Certification Regarding Responsibility Matters, in solicitations where the contract value is expected to exceed the simplified acquisition threshold. (b) The contracting officer shall insert the provision at 52.209-7 , Information Regarding Responsibility Matters, in solicitations where the resultant contract value is expected to exceed $750,000. (c) The contracting officer shall insert the clause at 52.209-9 , Updates of Publicly Available Information Regarding Responsibility Matters- (1) In solicitations where the resultant contract value is expected to exceed $750,000; and (2) In contracts in which the offeror checked "has" in paragraph (b) of the provision at 52.209-7 . (d) The contracting officer shall insert the provision 52.209-11 , Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law, in all solicitations. (e) For agencies receiving funds subject to section 523 of Division B of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and similar provisions in subsequent appropriations acts, the contracting officer shall insert the provision 52.209-12 , Certification Regarding Tax Matters, in solicitations for which the resultant contract (including options) may have a value greater than $7 million. Division B of the Consolidated and Continuing Further Appropriations Act, 2015 appropriates funds for the following agencies: the Department of Commerce, the Department of Justice, the National Aeronautics and Space Administration, the Office of Science and Technology Policy, the National Science Foundation, the Commission on Civil Rights, the Equal Employment Opportunity Commission, the U.S. International Trade Commission, the Legal Services Corporation, the Marine Mammal Commission, the Office of the United States Trade Representative, and the State Justice Institute.