FAR 9.106-3—Interagency preaward surveys.
Plain-English Summary
FAR 9.106-3 addresses how to handle preaward surveys when the contracting office and the surveying activity are in different federal agencies. It tells the reader that the basic procedures in FAR 9.106 and the survey-related procedures in FAR subpart 42.1 still apply, but they must be used together with the regulations of the agency that is actually performing the survey. The section also recognizes that interagency coordination can create practical issues, so it requires the surveying agency to accommodate reasonable special requests from the contracting office. In practice, this provision is about making sure the preaward responsibility review is still useful and timely even when one agency is relying on another agency’s personnel or processes to gather information about a prospective contractor. It also points readers to FAR subpart 17.5, which may be relevant when the arrangement involves interagency acquisition support or related interagency relationships. The overall purpose is to preserve consistency, cooperation, and flexibility while avoiding procedural conflicts between agencies.
Key Rules
Use both FAR and host-agency rules
When the contracting office and the surveying activity are in different agencies, the parties must follow FAR 9.106 and FAR subpart 42.1, along with the regulations of the agency where the survey is conducted. This means the survey is not governed by FAR alone; the host agency’s procedures also apply.
Accommodate reasonable special requests
The surveying activity must accommodate reasonable special requests from the contracting office. This gives the contracting office some ability to tailor the survey to the procurement’s needs, so long as the request is reasonable and can be supported within the survey process.
Interagency coordination is required
The section assumes active coordination between the contracting office and the surveying activity. The agencies must work together so the survey supports the award decision without creating unnecessary delay or procedural conflict.
Follow related interagency guidance
The section directs readers to FAR subpart 17.5, indicating that other interagency acquisition rules may also affect how the survey is requested, performed, or used. Users should check those provisions when the survey is part of a broader interagency arrangement.
Responsibilities
Contracting Officer
Request and use the preaward survey in a way that complies with FAR 9.106 and subpart 42.1, while also respecting the procedures of the agency performing the survey. The contracting officer may make reasonable special requests and should coordinate closely with the surveying activity to ensure the survey addresses the procurement’s needs.
Surveying Activity
Perform the preaward survey under its own agency’s regulations, while also following the applicable FAR procedures. It must accommodate reasonable special requests from the contracting office and provide information that supports the responsibility determination or award decision.
Agency Performing the Survey
Apply its internal regulations and procedures to the survey process, and ensure its personnel understand how to integrate those procedures with FAR requirements. The agency should support timely and effective interagency cooperation.
Contracting Activity/Agency
Ensure its acquisition personnel know when interagency survey procedures apply and coordinate with the other agency early enough to avoid delays. It should also consider whether related interagency acquisition rules, including FAR subpart 17.5, affect the arrangement.
Practical Implications
This section matters most when one agency is relying on another agency to help evaluate a prospective contractor’s responsibility before award. The key operational issue is avoiding a mismatch between the requesting agency’s needs and the surveying agency’s internal process.
A common pitfall is assuming only FAR applies. In reality, the host agency’s survey procedures also control, so users need to check both sets of rules before acting.
Another risk is overreaching with special requests. The contracting office can ask for tailored support, but the requests must be reasonable and workable within the surveying agency’s process.
Delays can occur if the agencies do not coordinate early on what information is needed, who will gather it, and how the results will be reported. Clear communication is essential.
Because the section points to FAR subpart 17.5, users should watch for broader interagency acquisition requirements that may affect the survey arrangement or the underlying procurement strategy.
Official Regulatory Text
When the contracting office and the surveying activity are in different agencies, the procedures of this section 9.106 and subpart 42.1 shall be followed along with the regulations of the agency in which the surveying activity is located, except that reasonable special requests by the contracting office shall be accommodated (also see subpart 17.5 ).