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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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46 sections with “responsibility factor”: the first 40

  • 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 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 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 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 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 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 9.406-1 General.
    (a) It is the suspending and debarring official's responsibility to determine whether debarment is in the Government's interest. The suspending and debarring official may, in the public interest, debar a contractor for any of the causes in …
  • FAR 32.107 Need for contract financing not a deterrent.
    …e contractor's need for contract financing as a handicap for a contract award; e.g., as a responsibility factor or evaluation criterion. (b) The contractor should not be disqualified from contract financing solely because the contractor fa…
  • DFARS 209.105-1 Obtaining information.
    …I 209.105-1. (2) A satisfactory performance record is a factor in determining contractor responsibility (see FAR 9.104-1(c)). (i) One source of information relating to contractor performance is the Contractor Performance Assessment Report…
  • FAR 9.106-4 Reports.
    …ation field office before making an affirmative recommendation regarding the contractor's responsibility or nonresponsibility. (c) When a preaward survey discloses previous unsatisfactory performance, the surveying activity shall specify t…
  • 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 42.602 Assignment and location.
    …elements, and (4) the impact of corporate policies and procedures on those elements. (c) Responsibility for assigning a CACO shall be determined as follows: (1) When all locations of a corporate entity are under the contract administratio…
  • 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 52.246-12 Inspection of Construction.
    …sts are for the sole benefit of the Government and do not— (1) Relieve the Contractor of responsibility for providing adequate quality control measures; (2) Relieve the Contractor of responsibility for damage to or loss of the material be…
  • 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 7.105 Contents of written acquisition plans.
    …irements, uncertain duration of the work, contractor's technical capability and financial responsibility, or adequacy of the contractor's accounting system), and associated reasoning essential to support the contract type selection. The con…
  • FAR 9.407-1 General.
    …ravating or mitigating factors is not necessarily determinative of a contractor's present responsibility. (c) Suspension constitutes suspension of all divisions or other organizational elements of the contractor, unless the suspension deci…
  • FAR 9.502 Applicability.
    …technical direction work performed by a contractor that does not have overall contractual responsibility for development or production. (c) An organizational conflict of interest may result when factors create an actual or potential confli…
  • FAR 12.301 Solicitation provisions and contract clauses for the acquisition of commercial products and commercial services.
    …), as prescribed at 7.107-6. (8) Insert the provision at 52.209-7, Information Regarding Responsibility Matters, as prescribed in 9.104-7(b). (9) Insert the provision at 52.209-12, Certification Regarding Tax Matters, as prescribed at 9.1…
  • FAR 14.503-1 Step one.
    …ions shall be based on the criteria in the request for proposals but not consideration of responsibility as defined in 9.1. Proposals shall be categorized as— (i) Acceptable; (ii) Reasonably susceptible of being made acceptable; or (iii)…
  • 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 15.404-4 Profit.
    …fort and attention. (ii) Contract cost risk. (A) This factor measures the degree of cost responsibility and associated risk that the prospective contractor will assume as a result of the contract type contemplated and considering the relia…
  • FAR 15.503 Notifications to unsuccessful offerors.
    …feror in writing prior to award and upon completion of negotiations and determinations of responsibility— (A) When using a small business set-aside (see subpart 19.5); (B) When using the HUBZone procedures in 19.1305 or 19.1307; (C) When…
  • FAR 16.202-1 Description.
    …forming the contract. This contract type places upon the contractor maximum risk and full responsibility for all costs and resulting profit or loss. It provides maximum incentive for the contractor to control costs and perform effectively a…
  • FAR 16.401 General.
    …it is usually to the Government's advantage for the contractor to assume substantial cost responsibility and an appropriate share of the cost risk, fixed-price incentive contracts are preferred when contract costs and performance requiremen…
  • FAR 16.403-2 Fixed-price incentive (successive targets) contracts.
    …irm target profit. (This formula normally provides for a lesser degree of contractor cost responsibility than would a formula for establishing final profit and price.) (iv) The production point at which the firm target cost and firm target…
  • FAR 16.505 Ordering.
    …acting officer's knowledge and belief. (9) Evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government's minimum needs or requirements or other rationale for an except…
  • FAR 19.705-5 Awards involving subcontracting plans.
    …ubcontracting plans submitted on previous contracts as a factor in determining contractor responsibility. (2) Assure that a subcontracting plan was submitted when required. (3) Notify the SBA procurement center representative (or, if a pr…
  • FAR 22.1704 Violations and remedies.
    …legate to an authorized agency official, such as the agency suspending and debarring, the responsibility to— (A) Expeditiously conduct an administrative proceeding, allowing the contractor the opportunity to respond to the report; (B) Mak…
  • FAR 31.001 Definitions.
    … or more individuals whose work is of the same nature and is performed at the same skill/ responsibility level—as opposed to a position, which is a collection of tasks assigned to a specific individual. Within a job, there may be pay catego…
  • 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 42.1203 Processing agreements.
    …ed contract administration offices and contracting offices; (2) The proposed successor's responsibility under subpart 9.1, Responsible Prospective Contractors; and (3) Any factor relating to the proposed successor's performance of contrac…
  • FAR 42.1503 Procedures.
    (a)(1) Agencies shall assign responsibility and management accountability for the completeness of past performance submissions. Agency procedures for the past performance evaluation system shall— (i) Generally provide for input to the eval…
  • FAR 46.703 Criteria for use of warranties.
    …tem; (5) Difficulty in establishing existence of defects; and (6) Difficulty in tracing responsibility for defects. (d) Trade practice. In many instances an item is customarily warranted in the trade, and, as a result of that practice, t…
  • FAR 46.706 Warranty terms and conditions.
    …the defective item, or to agree to an equitable adjustment of the contract, shall include responsibility for the costs of furnishing all labor and material to (A) reinspect items that the Government reasonably expected to be defective, (B) …
  • FAR 50.104-1 Standards for use.
    …n, an agency head shall consider such factors as self-insurance, other proof of financial responsibility, workers' compensation insurance, and the availability, cost, and terms of private insurance. The approval and determination shall be f…
  • FAR 52.226-7 Drug-Free Workplace.
    …olo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes. Criminal drug statute means a Federal or non-Federal criminal …
  • FAR 52.232-5 Payments Under Fixed-Price Construction Contracts.
    …vernment, but this shall not be construed as— (1) Relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or (2) Waiving the right of the G…

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.