FAR 9.103 Policy

Section Federal Acquisition Regulation

Facts

Citation
FAR 9.103
Type
Section
Last amended
66 FR 66984 Effective Dec 27, 2001
Proposed changes
1
Text as of
FAC 2026-01
Official text
acquisition.gov

Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this section.

Text

(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.

Federal Register history

Proposed changes

Proposed rule Published Comments
Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 9, 27, and 47 91 FR 59584 · FAR Case 2026-011, Docket No. FAR-2026-0011, Sequence No. 1 Closed Oct 19, 2026No final rule found

Sections cited

  • FAR Subpart 19.6 Certificates of Competency and Determinations of Responsibility
  • FAR Subpart 19.8 Contracting with the Small Business Administration (The 8(a) Program)

Quick answers

What is FAR 9.103?

FAR 9.103 is a section of the Federal Acquisition Regulation, titled "Policy".

When was FAR 9.103 last changed?

The most recent final rule on record is "Federal Acquisition Regulation; Contractor Responsibility, Labor Relations Costs, and Costs Relating to Legal and Other Proceedings" (66 FR 66984), published Dec 27, 2001 and effective Dec 27, 2001.

Are changes to FAR 9.103 proposed?

One proposed change has no final rule yet.

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