FAR 9.105—Procedures.

Obtaining information.

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.

Determinations and documentation.

FAR 9.105-2 explains how a contracting officer must document and support responsibility determinations before award, and what happens when a prospective contractor is found nonresponsible. It covers the legal effect of signing a contract as a responsibility determination, the requirement to issue a written determination of nonresponsibility when award is denied on that basis, and the special procedures that apply when the apparent successful offeror is a small business lacking certain responsibility elements. The section also requires the contract file to contain supporting documentation such as preaward survey reports, FAPIIS information, and any Certificate of Competency (COC). In addition, it establishes when and how a nonresponsibility determination must be entered into FAPIIS, including the 3-working-day submission requirement, the public release rules, the 14-day waiting period, and the limits on posting information protected by FOIA exemptions. In practice, this section is about creating a defensible administrative record, protecting small business rights under SBA procedures, and ensuring accurate, timely reporting of serious responsibility findings.

Disclosure of preaward information.

FAR 9.105-3 governs the handling of preaward information collected to determine whether a prospective contractor is responsible, including preaward survey reports and related materials. It addresses when that information may or may not be disclosed outside the Government, how contracting officers may communicate with prospective contractors before award, who may discuss survey findings after award, and how to protect information that may be proprietary or source selection sensitive. The section exists to preserve the integrity of the responsibility determination process, protect sensitive business information, and avoid improper disclosure that could prejudice competition or reveal protected procurement information. In practice, it means agencies must tightly control preaward survey records, use FOIA and other disclosure rules carefully, and limit discussions with contractors to the appropriate stage and official. Contractors should understand that they may be asked to respond to survey findings, but they generally do not have a right to broad access to the Government’s internal responsibility file. The section also reinforces the need to mark and safeguard any proprietary or source selection information contained in preaward survey materials.