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48 CFR · Federal Acquisition Regulation and Defense supplement

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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.

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78 sections with “determination of responsibility”: the first 40

  • FAR 9.105-2 Determinations and documentation.
    (a) Determinations. (1) The contracting officer's signing of a contract constitutes a determination that the prospective contractor is responsible with respect to that contract. When an offer on which an award would otherwise be made is rej…
  • FAR 42.705-1 Contracting officer determination procedure.
    (a) Applicability and responsibility. Contracting officer determination shall be used for the following, with the indicated cognizant contracting officer (or cognizant Federal agency official) responsible for establishing the final indirect…
  • DFARS 209.104-4 Subcontractor responsibility.
    …on's (CCC) proposal of a firm as its subcontractor is sufficient basis for an affirmative determination of responsibility. However, when the CCC determination of responsibility is not consistent with other information available to the contr…
  • FAR 4.803 Contents of contract files.
    …ning information, and other presolicitation documents. (2) Justifications and approvals, determinations and findings, and associated documents. (3) Evidence of availability of funds. (4) Synopsis of proposed acquisition as required by pa…
  • FAR 15.404-4 Profit.
    …officer's signature on the price negotiation memorandum or other documentation supporting determination of fair and reasonable price documents the contracting officer's determination that the statutory price or fee limitations have not been…
  • FAR 42.705-2 Auditor determination procedure.
    …irect cost rates for business units not covered in 42.705-1(a). (2) In addition, auditor determination may be used for business units that are covered in 42.705-1(a) when the contracting officer (or cognizant Federal agency official) and a…
  • FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.
    …(k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not mak…
  • DFARS 227.7006 Investigation and administrative disposition of claims.
    An investigation and administrative determination (denial or settlement) of each claim shall be made in accordance with instructions and procedures established by each Department, subject to the following: (a) When the procurement responsi…
  • DFARS 242.705-1 Contracting officer determination procedure.
    (a) Applicability and responsibility. (1) The corporate administrative contracting officer and individual administrative contracting officers shall jointly decide how to conduct negotiations. Follow the procedures at PGI 242.705-1(a)(1) whe…
  • FAR 2.101 Definitions.
    …) For use in subpart 9.4, see the definition at 9.403. (2) For use of affiliates in size determinations, see the definition of “small business concern” in this section. Agency head or head of the agency means the Secretary, Attorney Gener…
  • FAR 7.503 Policy.
    …at support, or combat service support role. (4) The conduct of foreign relations and the determination of foreign policy. (5) The determination of agency policy, such as determining the content and application of regulations, among other …
  • FAR 9.103 Policy.
    …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 offi…
  • FAR 9.104-3 Application of standards.
    …tracts involved and the extent of deficient performance in each contract when making this determination. If the pending contract requires a subcontracting plan pursuant to Subpart 19.7, The Small Business Subcontracting Program, the contrac…
  • FAR 9.104-4 Subcontractor responsibility.
    …ntractors (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 responsibil…
  • FAR 9.104-6 Federal Awardee Performance and Integrity Information System.
    …three years (see 52.204-20, Predecessor of Offeror). (b)(1) When making a responsibility determination, the contracting officer shall consider all the information available through FAPIIS with regard to the offeror and any immediate owner,…
  • FAR 9.105-1 Obtaining information.
    (a) Before making a determination of responsibility, the contracting officer shall possess or obtain information sufficient to be satisfied that a prospective contractor currently meets the applicable standards in 9.104. (b)(1) Generally, …
  • FAR 15.503 Notifications to unsuccessful offerors.
    …ge or otherwise eliminated from the competition. The notice shall state the basis for the determination and that a proposal revision will not be considered. (2) Preaward notices for small business programs. (i) In addition to the notice in…
  • FAR 16.401 General.
    … the overall limitations in 16.301 that apply to all cost-reimbursement contracts. (d) A determination and finding, signed by the head of the contracting activity, shall be completed for all incentive- and award-fee contracts justifying th…
  • FAR 52.246-2 Inspection of Supplies—Fixed-Price.
    …act. Alternate II (JUL 1985). If a fixed-ceiling-price contract with retroactive price redetermination is contemplated, substitute paragraphs (g), (h), and (l) below for paragraphs (g), (h), and (l) of the basic clause: (g) The Contractor…
  • DFARS 225.103 Exceptions.
    …itary and commercial industrial base. (B) Except as provided in PGI 225.872-4, process a determination for a public interest exception after consideration of the factors in 10 U.S.C. 4861— (1) At a level above the contracting officer for …
  • DFARS 252.215-7002 Cost Estimating System Requirements.
    …Supplement. (e) Material weaknesses. (1) The Contracting Officer will provide an initial determination to the Contractor, in writing, of any material weaknesses. The initial determination will describe the underlying deficiency in sufficie…
  • DFARS 252.244-7001 Contractor Purchasing System Administration.
    …(d) Material weaknesses. (1) The Contracting Officer will provide notification of initial determination to the Contractor, in writing, of any material weaknesses. The initial determination will describe the underlying deficiency in sufficie…
  • FAR 9.104-5 Representation and certifications regarding responsibility matters.
    …d 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, Certificat…
  • FAR 19.602-2 Issuing or denying a Certificate of Competency (COC).
    …he following actions: (a) Inform the small business concern of the contracting officer's determination and offer it an opportunity to apply to the SBA for a COC. (A concern wishing to apply for a COC should notify the SBA Area Office servi…
  • FAR 22.1704 Violations and remedies.
    …ding, allowing the contractor the opportunity to respond to the report; (B) Make a final determination as to whether the allegations are substantiated; and (C) Notify the contracting officer of the determination. (ii) Whether or not the …
  • FAR 28.101-3 Authority of an attorney-in-fact for a bid bond.
    …ow the bidder to substitute a replacement power of attorney or a replacement surety. (f) Determinations of non-responsibility based on the unacceptability of a power of attorney are not subject to the Certificate of Competency process of s…
  • FAR 28.203-1 Acceptability of individual sureties.
    …ing officer shall notify both the offeror or contractor and the individual surety of this determination. (d) If the contracting officer determines the individual surety is acceptable, the contracting officer shall request the Treasury's co…
  • FAR 30.601 Responsibility.
    …icer retains other administration functions. The CFAO shall make all CAS-related required determinations and findings (see Subpart 1.7) for all CAS-covered contracts and subcontracts, including— (1) Whether a change in cost accounting prac…
  • FAR 49.107 Audit of prime contract settlement proposals and subcontract settlements.
    …isory only, and is for the TCO to use in negotiating a settlement or issuing a unilateral determination. Government personnel handling audit reports must be careful not to reveal privileged information or information that will jeopardize th…
  • FAR 52.209-5 Certification Regarding Responsibility Matters.
    …der this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested b…
  • FAR 52.209-7 Information Regarding Responsibility Matters.
    …proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedin…
  • DFARS 209.105-2 Determinations and documentation.
    (a) The contracting officer shall submit a copy of a determination of nonresponsibility to the appropriate debarring and suspending official listed in 209.403.
  • DFARS 228.370-2 General.
    …the contractor's share of loss provisions, the contracting officer shall make a liability determination in accordance with paragraph (g) of this section. (2) Contracting officers should consult with the requiring activity and the assigned …
  • DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders.
    …profit organization; a tribal organization (as defined in section 4(c) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(l))); or an economic enterprise (as defined in section 3(e) of the Indian Financing Act of …
  • FAR 6.303-2 Content.
    …cized as required by subpart 5.2 and, if not, which exception under 5.202 applies. (7) A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. (8) A description of the market res…
  • FAR 8.405-6 Limiting sources.
    …de access through eBuy; or (C) The agency's senior procurement executive makes a written determination that access through e-Buy is not in the Government's interest. (4) When applicable, the documentation and posting requirements in parag…
  • FAR 9.406-2 Causes for debarment.
    …than overpayments resulting from contract financing payments as defined in 32.001. (vii) Determination of a false certification under 52.209-13, Violation of Arms Control Treaties or Agreements-Certification. (2) A contractor, based on a …
  • FAR 14.503-1 Step one.
    …table without additional explanation or information, (ii) the Government may make a final determination regarding a proposal's acceptability solely on the basis of the proposal as submitted, and (iii) the Government may proceed with the sec…
  • FAR 15.404-1 Proposal analysis techniques.
    …s. Results of the analysis may be used in performance risk assessments and responsibility determinations. However, proposals shall be evaluated using the criteria in the solicitation, and the offered prices shall not be adjusted as a result…
  • FAR 16.505 Ordering.
    …n accordance with paragraph (b)(1)(iii)(B) of this section, unless supported by a written determination that one of the circumstances described at 16.505(b)(2)(i) applies to the order and the requirement is waived on the basis of a justific…

FAR (chapter 1)

DFARS (chapter 2, Defense)

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Rule changes in progress: FAR, DFARS. Terms: glossary.