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

FAR 9.104-4 Subcontractor responsibility.

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 says that prime contractors are generally the ones who must determine whether their prospective subcontractors are responsible, though the Government may require written evidence of that responsibility. The contracting officer can also directly determine a subcontractor's responsibility when it is in the Government's interest, using the same standards applied to prime contractors.

Applies to: Prospective prime contractors and their prospective subcontractors

What it requires

  • Determine the responsibility of prospective subcontractors
  • Provide written evidence of a proposed subcontractor's responsibility if required

Key terms: prospective prime contractor · prospective subcontractor · responsibility · contracting officer · debarred, ineligible, or suspended firms

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

The text

(a) Generally, prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors (but see 9.405 and 9.405-2 regarding debarred, ineligible, or suspended firms). Determinations of prospective subcontractor responsibility may affect the Government's determination of the prospective prime contractor's responsibility. A prospective contractor may be required to provide written evidence of a proposed subcontractor's responsibility.

(b) When it is in the Government's interest to do so, the contracting officer may directly determine a prospective subcontractor's responsibility (e.g., when the prospective contract involves medical supplies, urgent requirements, or substantial subcontracting). In this case, the same standards used to determine a prime contractor's responsibility shall be used by the Government to determine subcontractor responsibility.

Sections it refers to

  • 9.405 Effect of listing.
  • 9.405-2 Restrictions on subcontracting.

← 9.104-3 Application of standards. · 9.104-5 Representation and certifications regarding responsibility matters. →

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 9.104-4 Subcontractor responsibility · SpendQuery