[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: 48CFR9.105-2]



[Page 150]

 

            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. 9.105-2  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 rejected because the prospective 

contractor is found to be nonresponsible, the contracting 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 and documents that a 

responsive small business lacks certain elements of responsibility, the 

contracting officer shall comply with the procedures in subpart 19.6. 

When a certificate of competency is issued for a small business concern 

(see subpart 19.6), the contracting officer may accept the factors 

covered by the certificate without further inquiry.

    (b) Support documentation. Documents and reports supporting a 

determination of responsibility or nonresponsibility, including any 

preaward survey reports and any applicable Certificate of Competency, 

must be included in the contract file.