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

FAR 9.104-5 Representation and certifications regarding responsibility matters.

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 tells contracting officers how to handle an offeror's affirmative answers to certain responsibility and tax-related certifications in FAR provisions 52.209-5, 52.212-3, 52.209-11, and 52.209-12. It matters to contractors because an affirmative answer can trigger requests for more information, notice to debarment or suspension officials, and in some cases a bar on award unless a suspending and debarring official makes a determination. It also says offerors who fail to provide required representations, certifications, or requested information get a chance to fix the deficiency, but may be found nonresponsible.

Applies to: Offerors and contracting officers handling responsibility and tax-related certifications

What it requires

  • Contracting officer must promptly request additional information from the offeror upon receipt of offers when an affirmative response is given under the cited provisions
  • Contracting officer must notify the agency official responsible for initiating debarment or suspension action before proceeding with award in the circumstances described
  • Contracting officer must not award to a corporation unless the suspending and debarring official has considered suspension or debarment and determined it is not necessary to protect the Government's interests
  • Contracting officer must not award a contract over $7 million unless the offeror affirmatively certified as required by 52.209-12, if that provision applies

Key terms: offeror · contracting officer · responsibility · debarment or suspension action · nonresponsible

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

The text

(a) When an offeror provides an affirmative response in paragraph (a)(1) of the provision at 52.209-5, Certification Regarding Responsibility Matters, or paragraph (h) of provision 52.212-3, the contracting officer shall—

(1) Promptly, upon receipt of offers, request such additional information from the offeror as the offeror deems necessary in order to demonstrate the offeror's responsibility to the contracting officer (but see 9.405); and

(2) Notify, prior to proceeding with award, in accordance with agency procedures (see 9.406-3(a) and 9.407-3(a)), the agency official responsible for initiating debarment or suspension action, where an offeror indicates the existence of an indictment, charge, conviction, or civil judgment, or Federal tax delinquency in an amount that exceeds $15,000.

(b) The provision at 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law, implements sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) (and similar provisions in subsequent appropriations acts). When an offeror provides an affirmative response in paragraph (b)(1) or (2) of the provision at 52.209-11 or paragraph (q)(2)(i) or (ii) of provision 52.212-3, the contracting officer shall—

(1) Promptly, upon receipt of offers, request such additional information from the offeror as the offeror deems necessary in order to demonstrate the offeror's responsibility to the contracting officer (but see 9.405);

(2) Notify, in accordance with agency procedures (see 9.406-3(a) and 9.407-3(a)), the agency official responsible for initiating debarment or suspension action; and

(3) Not award to the corporation unless an agency suspending and debarring official has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government.

(c) If the provision at 52.209-12, Certification Regarding Tax Matters, is applicable (see 9.104-7(e)), then the contracting officer shall not award any contract in an amount greater than $7 million, unless the offeror affirmatively certified in its offer, as required by paragraph (b)(1), (2), and (3) of the provision.

(d) Offerors who do not furnish the representation or certifications or such information as may be requested by the contracting officer shall be given an opportunity to remedy the deficiency. Failure to furnish the representation or certifications or such information may render the offeror nonresponsible.

Sections it refers to

  • 52.209-5 Certification Regarding Responsibility Matters.
  • 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.
  • 9.405 Effect of listing.
  • 9.406-3 Procedures.
  • 9.407-3 Procedures.
  • 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.
  • 52.209-12 Certification Regarding Tax Matters.
  • 9.104-7 Solicitation provisions and contract clauses.

Sections that refer to it

  • 9.105-1 Obtaining information.
  • 9.406-2 Causes for debarment.
  • 9.407-2 Causes for suspension.
  • 52.209-5 Certification Regarding Responsibility Matters.
  • 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.

← 9.104-4 Subcontractor responsibility. · 9.104-6 Federal Awardee Performance and Integrity Information System. →

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 9.104-5 Representation and certifications regarding responsibility matters · SpendQuery