To be determined responsible, a prospective contractor must—
(a) Have adequate financial resources to perform the contract, or the ability to obtain them (see 9.104-3(a));
(b) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;
(c) Have a satisfactory performance record (see 9.104-3(b)
and subpart 42.15). A prospective contractor shall not be determined responsible or nonresponsible solely on the basis of a lack of relevant performance history, except as provided in 9.104-2;
(d) Have a satisfactory record of integrity and business ethics (for example, see subpart 42.15);
(e) Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors) (see 9.104-3(a));
(f) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them (see 9.104-3(a)); and
(g) Be otherwise qualified and eligible to receive an award under applicable laws and regulations (see also inverted domestic corporation prohibition at 9.108).
[48 FR 42142, Sept. 19, 1983, as amended at 51 FR 27119, July 29, 1986; 56 FR 55374, Oct. 25, 1991; 60 FR 16718, Mar. 31, 1995; 61 FR 67410, Dec. 20, 1996; 65 FR 80264, Dec. 20, 2000; 66 FR 17756, Apr. 3, 2001; 66 FR 66986, 66989, Dec. 27, 2001; 73 FR 67091, Nov. 12, 2008; 74 FR 31563, July 1, 2009; 76 FR 31413, May 31, 2011; 84 FR 19844, May 6, 2019]
Notes of Decisions
Weeks Marine, Inc. v. United States, 575 F.3d 1352 (Fed. Cir. 2009).
· cites it 2× “401-1, 48 C.F.R. § 9.104-1 , when there is sealed bidding, are not adequate surrogates for the evaluations of past performance it requires.”
Tech Sys., Inc. v. United States, 98 Fed. Cl. 228 (Fed. Cl. 2011).
· cites it 2× “Though Tech Systems acknowledges that contracting officers are entitled to deference in such matters, it contends that there is no documentation that the Contracting Officer considered five of the seven responsibility standards of 48 C.F.R. § 9.104-1 . Pl.’s Br. at 62-64.”
United Enter. & Assocs. v. United States, 70 Fed. Cl. 1 (Fed. Cl. 2006).
· cites it 2× “48 C.F.R. § 9.104-1 provides the general standards for determining responsibility: To be determined responsible, a prospective contractor must— (a) Have adequate financial resources to perform the contract, or the ability to obtain them.”
CSE Constr. Co. v. United States, 58 Fed. Cl. 230 (Fed. Cl. 2003).
· cites it 2× “7; see also 48 C.F.R. § 9.104-1 (2001). In support of the proposition that the SBA is bound by the responsibility criteria set out in the FAR, the court cited the legislative history concerning the 1977 amendments to the Small Business Act, which established the Certificate of…”
Lumetra v. United States, 84 Fed. Cl. 542 (Fed. Cl. 2008).
· cites it 3× “To make a responsibility determination, an agency applies “general standards,” 48 C.F.R. § 9.104-1 , as well as any applicable “special standards,” also known as “definitive performance criteria.”
Caddell Constr. Co. v. United States, 125 Fed. Cl. 30 (Fed. Cl. 2016).
“(f) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them (see 9.104-3(a)); and (g) Be otherwise qualified and eligible to receive an award under applicable laws and regulations (see also inverted domestic corporation…”
Advanced Am. Constr., Inc. v. United States, 111 Fed. Cl. 205 (Fed. Cl. 2013).
· cites it 2× “See 48 C.F.R. § 9.104-1 (2012). Second, in some procurements, there may also be “special standards of responsibility”: When it is necessary for a particular acquisition or class of acquisitions, the contracting officer shall develop, with the assistance of appropriate…”
DynCorp Int'l LLC v. United States, 76 Fed. Cl. 528 (Fed. Cl. 2007).
“See 48 C.F.R. § 9.104-1 (2006) (defining the criteria used to determine whether prospective contractors are responsible).”
Eco Tour Adventures, Inc. v. United States, 114 Fed. Cl. 6 (Fed. Cl. 2013).
“at 227 ; see also 48 C.F.R. § 9.104-1 (2012) (setting forth “general standards” for responsibility in the procurement context, including “adequate financial resources to perform the contract, or the ability to obtain them”), here the offerors’ financial capability is one of…”
— 48 C.F.R. § 9.104-1(b) — 1 case
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