Season 11: Episode 8: FAR Facts

Hello and thank you for joining us for Episode 7 of Fun with the FAR Season 11!
In our next session, we will cover FAR Parts 9 (Contractor Qualifications) and 14 (Sealed Bidding).

As we prepare for our 8th episode of Season 11, here are a few FAR Facts for us to think about:

  • Unless FAR 104-2 “special standards” are required, a prospective contractor shall not be deemed not responsible solely on the basis of a lack of relevant performance history. FAR 9.104-1(c)
  • As a general rule, prime contractors are responsible for determining the responsibility of their subcontractors. FAR 104-4. Government contracting officers are permitted and often require that proposals contain information to support the responsibility of subcontractors proposed to perform “major activities” or a substantial percentage of a federal Government prime contract.
  • “Suspension” means an action taken to disqualify a contractor or individual on a temporary basis from contracting or subcontracting pending the completion of investigation or legal proceedings involving allegations that the contractor or individual has violated certain criminal or civil FAR 2.101 and FAR 9.407-1 and FAR 9.407-4(a).
  • Contracting officers (CO) MUST use sealed bidding when: (1) time permits, (2) award will be made solely on the basis of price and price related factors, (3) discussion are unnecessary, and (4) there is a reasonable expectation of receiving more than one sealed bid. FAR 6.401 (emphasis added).
  • To be considered for award under a FAR Part 14, a contractor must be (i) “responsible”, (ii) responsive, and (iii) determined to offer a fair and reasonable price that is “most advantageous to the Government, considering only price and price related factors” included in the IFB. FAR 103-2(d).
  • A contracting officer may award a contract under FAR Part 14 if less than three bids have been received. FAR 14.408-1(b).

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