[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR9.105-1]

[Page 139-140]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 9_CONTRACTOR QUALIFICATIONS--Table of Contents
 
             Subpart 9.1_Responsible Prospective Contractors
 
Sec.  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, the contracting officer shall obtain information 
regarding the responsibility of prospective contractors, including 
requesting preaward surveys when necessary (see 9.106), promptly after a 
bid opening or

[[Page 140]]

receipt of offers. However, in negotiated contracting, especially when 
research and development is involved, the contracting officer may obtain 
this information before issuing the request for proposals. Requests for 
information shall ordinarily be limited to information concerning (i) 
the low bidder or (ii) those offerors in range for award.
    (2) Preaward surveys shall be managed and conducted by the surveying 
activity.
    (i) If the surveying activity is a contract administration office--
    (A) That office shall advise the contracting officer on prospective 
contractors' financial competence and credit needs; and
    (B) The administrative contracting officer shall obtain from the 
auditor any information required concerning the adequacy of prospective 
contractors' accounting systems and these systems' suitability for use 
in administering the proposed type of contract.
    (ii) If the surveying activity is not a contract administration 
office, the contracting officer shall obtain from the auditor any 
information required concerning prospective contractors' financial 
competence and credit needs, the adequacy of their accounting systems, 
and these systems' suitability for use in administering the proposed 
type of contract.
    (3) Information on financial resources and performance capability 
shall be obtained or updated on as current a basis as is feasible up to 
the date of award.
    (c) In making the determination of responsibility (see 9.104-1(c)), 
the contracting officer shall consider relevant past performance 
information (see subpart 42.15). In addition, the contracting officer 
should use the following sources of information to support such 
determinations:
    (1) The List of Parties Excluded from Federal Procurement and 
Nonprocurement Programs maintained in accordance with subpart 9.4.
    (2) Records and experience data, including verifiable knowledge of 
personnel within the contracting office, audit offices, contract 
administration offices, and other contracting offices.
    (3) The prospective contractor--including bid or proposal 
information, questionnaire replies, financial data, information on 
production equipment, and personnel information.
    (4) Commercial sources of supplier information of a type offered to 
buyers in the private sector.
    (5) Preaward survey reports (see 9.106).
    (6) Other sources such as publications; suppliers, subcontractors, 
and customers of the prospective contractor; financial institutions; 
Government agencies; and business and trade associations.
    (7) If the contract is for construction, the contracting officer may 
consider performance evaluation reports (see 36.201(c)(2)).
    (d) Contracting offices and cognizant contract administration 
offices that become aware of circumstances casting doubt on a 
contractor's ability to perform contracts successfully shall promptly 
exchange relevant information.

[48 FR 42142, Sept. 19, 1983, as amended at 51 FR 27119, July 29, 1986; 
52 FR 9038, Mar. 20, 1987; 54 FR 19813, May 8, 1989; 60 FR 16718, Mar. 
31, 1995; 60 FR 33065, June 26, 1995; 61 FR 39201, July 26, 1996]