FAR 9.105-1—Obtaining information.
Plain-English Summary
FAR 9.105-1 explains how contracting officers gather the information needed to make a responsibility determination before award. It covers the timing of that inquiry, the use of preaward surveys, who manages and conducts those surveys, how financial competence, credit, and accounting system information are obtained, and the requirement to keep financial and performance information current through award. It also requires contracting officers to consider FAPIIS and related sources such as SAM and CPARS, along with other past performance information, and it identifies additional sources the contracting officer should use, including internal records, the offeror’s own proposal data, commercial supplier information, preaward survey reports, and outside references. Finally, it requires contracting offices and contract administration offices to exchange information promptly when they learn of facts that cast doubt on a contractor’s ability to perform. In practice, this section is the information-gathering backbone for the responsibility determination: it tells the contracting officer what to look at, when to look at it, and how to coordinate with auditors and contract administration personnel so award decisions are based on current, relevant, and supportable facts.
Key Rules
Possess enough information
Before making a responsibility determination, the contracting officer must already have, or obtain, enough information to be satisfied that the prospective contractor currently meets the standards in FAR 9.104. The standard is current capability at the time of award, not just past performance or general reputation.
Gather information promptly
As a general rule, responsibility information should be collected promptly after bid opening or receipt of offers, and preaward surveys should be requested when needed. In negotiated procurements, especially research and development buys, the contracting officer may gather this information before issuing the solicitation.
Limit requests to likely awardees
Requests for responsibility information should ordinarily be limited to the low bidder in sealed bidding or to offerors within the competitive range in negotiated acquisitions. This keeps the process focused and avoids unnecessary burden on firms unlikely to receive award.
Use preaward surveys correctly
Preaward surveys are to be managed and conducted by the surveying activity. Depending on whether that activity is a contract administration office, the contracting officer or administrative contracting officer must obtain auditor input on financial competence, credit needs, and accounting system adequacy and suitability.
Keep financial data current
Information on financial resources and performance capability must be obtained or updated as close to award as feasible. The contracting officer should not rely on stale data when making the final responsibility decision.
Review FAPIIS and related sources
The contracting officer must consider FAPIIS information for the offeror and any identified immediate owner, predecessor, or subsidiary, including linked information from SAM and CPARS and any other relevant past performance data. This review is mandatory and part of the responsibility analysis.
Use multiple supporting sources
The contracting officer should also use records and experience data, the offeror’s bid or proposal and certifications, questionnaire responses, financial and production data, commercial supplier sources, preaward survey reports, and other outside sources such as customers, financial institutions, agencies, and trade associations.
Exchange adverse information promptly
If a contracting office or cognizant contract administration office learns of circumstances that cast doubt on a contractor’s ability to perform successfully, it must promptly share that information with the other office. This helps ensure the responsibility determination reflects the best available information.
Responsibilities
Contracting Officer
Obtain or possess sufficient current information to make a responsibility determination; request preaward surveys when necessary; limit information requests to the low bidder or competitive-range offerors as appropriate; consider FAPIIS, SAM, CPARS, and other relevant past performance information; use the listed supporting sources; and ensure financial and performance information is current through award.
Surveying Activity
Manage and conduct preaward surveys and provide the information needed for the responsibility review. The surveying activity coordinates the survey process and gathers the factual basis used by the contracting officer.
Contract Administration Office
When it is the surveying activity, advise the contracting officer on financial competence and credit needs and ensure the administrative contracting officer obtains auditor information on accounting system adequacy and suitability for the proposed contract type.
Administrative Contracting Officer
Obtain from the auditor any information needed about the prospective contractor’s accounting system adequacy and whether the system is suitable for administering the proposed contract type, when the surveying activity is a contract administration office.
Auditor
Provide information needed on the adequacy of the prospective contractor’s accounting system and its suitability for the type of contract being awarded, and support financial competence and credit-related inquiries as required.
Contracting Offices and Cognizant Contract Administration Offices
Promptly exchange relevant information when they become aware of circumstances that cast doubt on a contractor’s ability to perform successfully.
Practical Implications
This section is about making the responsibility determination defensible. If the contracting officer cannot show that current, relevant information was reviewed, the award decision is vulnerable to protest or internal review.
Timing matters: stale financial or performance data can lead to an unsupported award decision, especially when market conditions, ownership, or contractor workload have changed since earlier reviews.
FAPIIS, SAM, and CPARS are not optional background reading; they are part of the required responsibility analysis and should be checked for the offeror and any identified related entities.
Preaward surveys are useful, but they are not a substitute for the contracting officer’s judgment. The CO still has to synthesize survey results, audit input, proposal data, and other sources into a responsibility determination.
A common pitfall is over-requesting information from too many firms. The rule generally limits requests to the low bidder or competitive-range offerors, which helps avoid unnecessary delay and administrative burden.
Another frequent issue is poor coordination between contracting and contract administration personnel. If adverse information is discovered, it should be shared immediately so the award decision reflects the most current facts.
Official Regulatory Text
(a) Before making a determination of responsibility, the contracting officer shall possess or obtain information sufficient to be satisfied that a prospective contractor currently meets the applicable standards in 9.104 . (b) (1) Generally, the contracting officer shall obtain information regarding the responsibility of prospective contractors, including requesting preaward surveys when necessary (see 9.106 ), promptly after a bid opening or receipt of offers. However, in negotiated contracting, especially when research and development is involved, the contracting officer may obtain this information before issuing the request for proposals. Requests for information shall ordinarily be limited to information concerning- (i) The low bidder; or (ii) Those offerors in range for award. (2) Preaward surveys shall be managed and conducted by the surveying activity. (i) If the surveying activity is a contract administration office- (A) That office shall advise the contracting officer on prospective contractors’ financial competence and credit needs; and (B) The administrative contracting officer shall obtain from the auditor any information required concerning the adequacy of prospective contractors’ accounting systems and these systems’ suitability for use in administering the proposed type of contract. (ii) If the surveying activity is not a contract administration office, the contracting officer shall obtain from the auditor any information required concerning prospective contractors’ financial competence and credit needs, the adequacy of their accounting systems, and these systems’ suitability for use in administering the proposed type of contract. (3) Information on financial resources and performance capability shall be obtained or updated on as current a basis as is feasible up to the date of award. (c) In making the determination of responsibility, the contracting officer shall consider information available through FAPIIS (see 9.104-6 ) with regard to the offeror and any immediate owner, predecessor, or subsidiary identified for that offeror in FAPIIS, including information that is linked to FAPIIS such as from SAM, and CPARS, as well as any other relevant past performance information on the offeror (see 9.104-1 (c) and subpart 42.15 ). In addition, the contracting officer should use the following sources of information to support such determinations: (1) Records and experience data, including verifiable knowledge of personnel within the contracting office, audit offices, contract administration offices, and other contracting offices. (2) The prospective contractor-including bid or proposal information (including the certification at 52.209-5 or 52.212-3 (h) (see 9.104-5 )), questionnaire replies, financial data, information on production equipment, and personnel information. (3) Commercial sources of supplier information of a type offered to buyers in the private sector. (4) Preaward survey reports (see 9.106 ). (5) Other sources such as publications; suppliers, subcontractors, and customers of the prospective contractor; financial institutions; Government agencies; and business and trade associations. (d) Contracting offices and cognizant contract administration offices that become aware of circumstances casting doubt on a contractor’s ability to perform contracts successfully shall promptly exchange relevant information.