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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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79 sections with “responsibility determination”: the first 40

  • FAR 9.105-2 Determinations and documentation.
    …ontracting officer shall make, sign, and place in the contract file a determination of nonresponsibility, which shall state the basis for the determination. (2) If the contracting officer determines that a responsive small business lacks c…
  • FAR 9.104-4 Subcontractor responsibility.
    (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 prospectiv…
  • DFARS 209.104-4 Subcontractor responsibility.
    …al 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 contracting officer, t…
  • FAR 9.104-6 Federal Awardee Performance and Integrity Information System.
    …ithin the last 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 i…
  • FAR 19.602-1 Referral.
    … documenting that an apparent successful small business offeror lacks certain elements of responsibility (including, but not limited to, capability, competency, capacity, credit, integrity, perseverance, tenacity, and limitations on subcont…
  • FAR 9.104-5 Representation and certifications regarding responsibility matters.
    …mative 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 add…
  • FAR 9.103 Policy.
    … 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 …
  • FAR 19.602-2 Issuing or denying a Certificate of Competency (COC).
    … agency) after receiving a notice that a small business concern lacks certain elements of responsibility, the SBA Area Office will take the following actions: (a) Inform the small business concern of the contracting officer's determination…
  • FAR 52.209-5 Certification Regarding Responsibility Matters.
    As prescribed in 9.104-7(a), insert the following provision: Certification Regarding Responsibility Matters (AUG 2020) (a)(1) The Offeror certifies, to the best of its knowledge and belief, that— (i) The Offeror and/or any of its Princip…
  • FAR 52.245-1 Government Property.
    …f this contract (except where inconsistent with law or regulation). (2) The Contractor's responsibility extends from the initial acquisition and receipt of property, through stewardship, custody, and use until formally relieved of responsi…
  • FAR 4.803 Contents of contract files.
    …ce selection documentation. (14) Contracting officer's determination of the contractor's responsibility. (15) Small Business Administration Certificate of Competency. (16) Records of contractor's compliance with labor policies including …
  • FAR 9.104-3 Application of standards.
    …apply sufficient tenacity and perseverance to perform acceptably is strong evidence of nonresponsibility. Failure to meet the quality requirements of the contract is a significant factor to consider in determining satisfactory performance. …
  • FAR 19.602-4 Awarding the contract.
    … under paragraph (c) below, the contracting officer shall reverse the determination of nonresponsibility, notify the SBA of this action, withdraw the referral, and proceed to award the contract. (b) The contracting officer shall award the …
  • 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…
  • FAR 42.705-2 Auditor determination procedure.
    (a) Applicability and responsibility. (1) The cognizant Government auditor shall establish final indirect cost rates for business units not covered in 42.705-1(a). (2) In addition, auditor determination may be used for business units that …
  • FAR 52.209-7 Information Regarding Responsibility Matters.
    As prescribed at 9.104-7(b), insert the following provision: Information Regarding Responsibility Matters (OCT 2018) (a) Definitions. As used in this provision— Administrative proceeding means a non-judicial process that is adjudicatory …
  • 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 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.
    …e on board. This term is used in conjunction with a physical point to determine— (1) The responsibility and basis for payment of freight charges; and (2) Unless otherwise agreed, the point where title for goods passes to the buyer or cons…
  • 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 15.305 Proposal evaluation.
    …sidered. This comparative assessment of past performance information is separate from the responsibility determination required under subpart 9.1. (ii) The solicitation shall describe the approach for evaluating past performance, including…
  • FAR 15.404-1 Proposal analysis techniques.
    …rvice shortfalls. 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 adjus…
  • FAR 19.601 General.
    …inistration (SBA) stating that the holder is responsible (with respect to all elements of responsibility, including, but not limited to, capability, competency, capacity, credit, integrity, perseverance, tenacity, and limitations on subcont…
  • FAR 25.302-5 Remedies.
    …section in appropriate databases of past performance and consider any such failure in any responsibility determination or evaluation of past performance; and (3) In the case of award-fee contracts, the contracting officer shall consider a …
  • FAR 30.601 Responsibility.
    (a) The CFAO shall perform CAS administration for all contracts and subcontracts in a business unit, even when the contracting officer retains other administration functions. The CFAO shall make all CAS-related required determinations and f…
  • FAR 52.225-26 Contractors Performing Private Security Functions Outside the United States.
    …lause will be included in appropriate databases of past performance and considered in any responsibility determination or evaluation of past performance; and (3) If this is an award-fee contract, the Contractor's failure to comply with the…
  • DFARS 209.570-3 Procedures.
    (a) In making a responsibility determination before awarding a contract for the acquisition of a major system, the contracting officer shall— (1) Determine whether the prospective contractor meets the definition of “lead system integrator”…
  • DFARS 219.602 Procedures.
    When making a nonresponsibility determination for a small business concern, follow the procedures at PGI 219.602.
  • DFARS 227.7006 Investigation and administrative disposition of claims.
    …dures established by each Department, subject to the following: (a) When the procurement responsibility for the alleged infringing item or process is assigned to a single Department or only one Department is the purchaser of the alleged in…
  • DFARS 252.225-7039 Defense Contractors Performing Private Security Functions Outside the United States.
    …lause will be included in appropriate databases of past performance and considered in any responsibility determination or evaluation of past performance; and (3) If this is an award-fee contract, the Contractor's failure to comply with the…
  • FAR 9.406-2 Causes for debarment.
    …of business integrity or business honesty that seriously and directly affects the present responsibility of a Government contractor or subcontractor. (b)(1) A contractor, based upon a preponderance of the evidence, for any of the following…
  • FAR 9.407-2 Causes for suspension.
    …of business integrity or business honesty that seriously and directly affects the present responsibility of a Government contractor or subcontractor. (b) Indictment for any of the causes in paragraph (a) of this section constitutes adequat…
  • FAR 16.104 Factors in selecting contract types.
    …identified and evaluated, so that a contract type that places a reasonable degree of cost responsibility upon the contractor can be negotiated. (d) Type and complexity of the requirement. Complex requirements, particularly those unique to …
  • FAR 27.304-2 Contracts placed by or for other Government agencies.
    …nation, report, or deviation involved in the use of the requesting agency's clause is the responsibility of the requesting agency unless the agencies agree otherwise. However, the awarding agency may not alter the requesting agency's clause…
  • FAR 28.101-3 Authority of an attorney-in-fact for a bid bond.
    …ity and enforceability of the power of attorney at the time of bid opening as a matter of responsibility. These questions are handled after bid opening. (e)(1) If the contracting officer contacts the surety to validate the power of attorne…
  • FAR 49.107 Audit of prime contract settlement proposals and subcontract settlements.
    …he audit agency does not relieve the prime contractor or higher tier subcontractor of the responsibility for performing an accounting review. (c)(1) The responsibility of the prime contractor and of each subcontractor (see 49.108) includes…
  • FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.
    …/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances. Veteran-owned sma…
  • FAR 52.236-21 Specifications and Drawings for Construction.
    …tractor's risk. Approval by the Contracting Officer shall not relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from responsibility for complying with the requirements of this contract, except with…
  • FAR 52.246-2 Inspection of Supplies—Fixed-Price.
    …ailure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies. (k) Inspections and tests by the Government do not relieve the Co…
  • DFARS 252.247-7007 Liability and insurance.
    … withheld from payments otherwise due the Contractor. (2) Determination of liability and responsibility by the Contracting Officer will constitute questions of fact within the meaning of the Disputes clause of this contract. (c) The gener…

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.