48 C.F.R. § 9.104-4

9.104-4 Subcontractor responsibility.

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(a) Generally, prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors (but see 9.405 and 9.405-2 regarding debarred, ineligible, or suspended firms). Determinations of prospective subcontractor responsibility may affect the Government's determination of the prospective prime contractor's responsibility. A prospective contractor may be required to provide written evidence of a proposed subcontractor's responsibility.

(b) When it is in the Government's interest to do so, the contracting officer may directly determine a prospective subcontractor's responsibility (e.g., when the prospective contract involves medical supplies, urgent requirements, or substantial subcontracting). In this case, the same standards used to determine a prime contractor's responsibility shall be used by the Government to determine subcontractor responsibility.

[48 FR 42142, Sept. 19, 1983, as amended at 81 FR 58638, Aug. 25, 2016; 81 FR 91638, Dec. 16, 2016; 82 FR 51529, Nov. 6, 2017]

Notes of Decisions

Cited in 4 cases, 1989–2016 · leading case: Caddell Constr. Co. v. United States, 129 Fed. Cl. 383 (Fed. Cl. 2016).

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Caddell Constr. Co. v. United States, 129 Fed. Cl. 383 (Fed. Cl. 2016). · cites it 4× “§ 1491 (b)(1); Motion for Judgment on the Administrative Record; Lowest Priced Technically Acceptable Procurement; Subcontracting; Key Management Personnel; Responsiveness; Subcontractor Responsibility; 48 C.F.R. § 9.104-4 . OPINION AND ORDER WILLIAMS, Judge.”

United Enter. & Assocs. v. United States, 70 Fed. Cl. 1 (Fed. Cl. 2006). “See 48 C.F.R. § 9.104-4 (a) ("Determinations of prospective subcontractor responsibility may affect the Government's determination of the prospective prime contractor’s responsibility.”

Med. Devices of Fall River, Inc. v. United States, 19 Cl. Ct. 77 (Ct. Cl. 1989). · cites it 3× “The regulations ( 48 C.F.R. § 9.104-4 ) provided as follows: Subcontractor responsibility.”

Action Serv. Corp. v. Garrett, 797 F. Supp. 82 (D.P.R. 1992). “" 48 C.F.R. § 9.104-4 (b). 4 . Our concern is that neither agency seems to have performed the responsibility determination required by the regulations, whether contained in the Federal Acquisition Regulations or the regulations governing the Small Business Administration.”

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