48 C.F.R. § 9.104-2

9.104-2 Special standards.

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(a) When it is necessary for a particular acquisition or class of acquisitions, the contracting officer shall develop, with the assistance of appropriate specialists, special standards of responsibility. Special standards may be particularly desirable when experience has demonstrated that unusual expertise or specialized facilities are needed for adequate contract performance. The special standards shall be set forth in the solicitation (and so identified) and shall apply to all offerors.

(b) Contracting officers shall award contracts for subsistence only to those prospective contractors that meet the general standards in 9.104-1 and are approved in accordance with agency sanitation standards and procedures.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1999–2023 · leading case: Weeks Marine, Inc. v. United States, 575 F.3d 1352 (Fed. Cir. 2009).
Weeks Marine, Inc. v. United States, 575 F.3d 1352 (Fed. Cir. 2009). · cites it 2× “104-2, 48 C.F.R. § 9.104-2 . Finally, Week recites that, under FAR § 9.”
John C. Grimberg Co., Inc. v. United States, 185 F.3d 1297 (Fed. Cir. 1999). · cites it 2× “See 48 C.F.R. § 9.104-2 (1998). Second, Grimberg asserts that the court erred by finding that the USDA did not act illegally when it chose not to seek additional information from Grimberg before determining that Grimberg was nonresponsible on the “size and complexity” special…”
Advanced Am. Constr., Inc. v. United States, 111 Fed. Cl. 205 (Fed. Cl. 2013). · cites it 2× “48 C.F.R. § 9.104-2 (a) (2012). Importantly, “[t]he special standards shall be set forth in the solicitation (and so identified) and shall apply to all offerors.”
Lumetra v. United States, 84 Fed. Cl. 542 (Fed. Cl. 2008). “” 48 C.F.R. § 9.104-2 . General standards require that a contractor “[h]ave adequate financial resources,” the ability to comply with performance schedules, “a satisfactory performance record,” “a satisfactory record of ethics and integrity,” and the necessary experience,…”
Blue Dot Energy Co. v. United States, 76 Fed. Cl. 783 (Fed. Cl. 2004). “1999) (citing 48 C.F.R. § 9.104-2 (a)). Contract solicitations, however, must have “a rational relationship to agency needs, .”
J.E. McAmis, Inc. v. United States (Fed. Cl. 2023). “Plaintiff’s Complaint alleges that SBA is “obligat[ed] to evaluate responsibility criteria in accordance with the requirements of the solicitation and applicable regulations, including the FAR” and that under 48 C.F.R. § 9.104-2 (a), this criterion “appl[ied] to all offerors.”
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