Contractor Responsibility Verification.docx

Contractor Responsibility Verification

FAR 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.

In accordance with FAR 9.104-1, General Standards, to be determined responsible, a prospective contractor must –

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).

For each factor, please provide the following information or submit supporting documentations as applicable in order to verify the Contractor’s Responsibility IAW FAR 9.104-1:

(a) Most recent Profit/Loss statement, most recent Balance Sheet, Available Line of Credit from a bank, OR any proof of the contractor’s ability to obtain the required financial resources to perform the contract. Offeror may provide a statement from their financial institution or responsible official confirming the offeror has sufficient resources to fulfill the required effort.

(b) Provide in the submission the contractor’s ability to meet all delivery requirements.

(c) Provide in the submission two (2), at a minimum, past performance record within the last 3 years OR a capability statement for a satisfactory performance for new entrants. Exemption: Contractors that had previously satisfy contracts with the Government for which CPARS (Contractor Performance Assessment Reporting System) and SPRS (Supplier Performance Risk System) ratings were received.

(d) I (Company Representative) certify that the information within the Responsibility/Qualification section in Sam.gov of (Company Name), which includes a summary report of any Active or Inactive Exclusions, Proceedings, and Other Responsibility & Integrity Information, are recent, correct, and accurate.

(e) Provide in the submission organizational information such as the organization’s experience, accounting and operational controls, and technical skills, or the ability to obtain them.

(f) Provide in the submission production information on technical equipment and facilities, or the ability to obtain them.

(g) I (Company Representative) certify that the information provided for factors (a) to (f) are correct and accurate.