FAR and DFARS › FAR Part 9: Contractor Qualifications › Subpart 9.1

FAR 9.103 Policy.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section states that the Government may only buy from and award contracts to contractors it determines to be responsible. The contracting officer must make an affirmative determination of responsibility before any award, and if there is not clear information showing responsibility, the officer must find the contractor nonresponsible. It also explains that lowest price alone is not enough if performance problems could create extra costs.

Applies to: Prospective contractors and contracting officers

What it requires

  • A prospective contractor must affirmatively demonstrate its responsibility, including, when necessary, the responsibility of its proposed subcontractors.

Key terms: responsible prospective contractors · affirmative determination of responsibility · determination of nonresponsibility · small business concern · lowest evaluated price

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) Purchases shall be made from, and contracts shall be awarded to, responsible prospective contractors only.

(b) No purchase or award shall be made unless the contracting officer makes an affirmative determination of responsibility. In the absence of information clearly indicating that the prospective contractor is responsible, the contracting officer shall make a determination of nonresponsibility. If the prospective contractor is a small business concern, the contracting officer shall comply with subpart 19.6, Certificates of Competency and Determinations of Responsibility. (If Section 8(a) of the Small Business Act (15 U.S.C. 637) applies, see subpart 19.8.)

(c) The award of a contract to a supplier based on lowest evaluated price alone can be false economy if there is subsequent default, late deliveries, or other unsatisfactory performance resulting in additional contractual or administrative costs. While it is important that Government purchases be made at the lowest price, this does not require an award to a supplier solely because that supplier submits the lowest offer. A prospective contractor must affirmatively demonstrate its responsibility, including, when necessary, the responsibility of its proposed subcontractors.

Sections that refer to it

← 9.102 Applicability. · 9.104 Standards. →

Rule changes for FAR Part 9

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 9.103 Policy · SpendQuery