[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR9.103]



[Page 147]

 

            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. 9.103  Policy.



    (a) Purchases shall be made from, and contracts shall be awarded to, 

responsible prospective contractors only.

    (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 officer shall make a 

determination of nonresponsibility. If the prospective contractor is a 

small business concern, the contracting officer shall comply with 

subpart 19.6, Certificates of Competency and Determinations of 

Responsibility. (If Section 8(a) of the Small Business Act (15 U.S.C. 

637) applies, see subpart 19.8.)

    (c) The award of a contract to a supplier based on lowest evaluated 

price alone can be false economy if there is subsequent default, late 

deliveries, or other unsatisfactory performance resulting in additional 

contractual or administrative costs. While it is important that 

Government purchases be made at the lowest price, this does not require 

an award to a supplier solely because that supplier submits the lowest 

offer. A prospective contractor must affirmatively demonstrate its 

responsibility, including, when necessary, the responsibility of its 

proposed subcontractors.



[48 FR 42142, Sept. 19, 1983, as amended at 61 FR 67410, Dec. 20, 1996; 

62 FR 44819, Aug. 22, 1997; 62 FR 48921, Sept. 17, 1997; 65 FR 80264, 

Dec. 20, 2000; 66 FR 17755, Apr. 3, 2001; 66 FR 66986, 66989, Dec. 27, 

2001]