FAR 9.104-4 Subcontractor responsibility

Subsection Federal Acquisition Regulation

Facts

Citation
FAR 9.104-4
Type
Subsection
Last amended
82 FR 51527 Effective Nov 6, 2017
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 subsection.

Text

(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.

Federal Register history

Final rule Published Effective
Federal Acquisition Regulation; Removal of Fair Pay and Safe Workplaces Rule 82 FR 51527 · FAC 2005-96 · Corrected Nov 8, 2017
Federal Acquisition Regulation; Fair Pay and Safe Workplaces; Injunction 81 FR 91636 · FAC 2005-93
Federal Acquisition Regulation; Fair Pay and Safe Workplaces 81 FR 58562 · FAC 2005-90

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

Quick answers

What is FAR 9.104-4?

FAR 9.104-4 is a subsection of the Federal Acquisition Regulation, titled "Subcontractor responsibility".

When was FAR 9.104-4 last changed?

The most recent final rule on record is "Federal Acquisition Regulation; Removal of Fair Pay and Safe Workplaces Rule" (82 FR 51527), published Nov 6, 2017 and effective Nov 6, 2017.

Are changes to FAR 9.104-4 proposed?

One proposed change has no final rule yet.

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