(a) Determinations.(1) The contracting officer's signing of a contract constitutes a determination that the prospective contractor is responsible with respect to that contract. When an offer on which an award would otherwise be made is rejected because the prospective contractor is found to be nonresponsible, the contracting officer shall make, sign, and place in the contract file a determination of nonresponsibility, which shall state the basis for the determination.
(2) If the contracting officer determines that a responsive small business lacks certain elements of responsibility, the contracting officer shall comply with the procedures in subpart . When a Certificate of Competency is issued for a small business concern (see subpart ), the contracting officer shall accept the Small Business Administration's decision to issue a Certificate of Competency and award the contract to the concern.
(b) Support documentation.(1) Documents and reports supporting a determination of responsibility or nonresponsibility, including any preaward survey reports, the use of FAPIIS information (see 9.104-6), and any applicable Certificate of Competency, must be included in the contract file.
(2) (i) The contracting officer shall document the determination of nonresponsibility in FAPIIS (available at www.cpars.csd.disa.mil, then select FAPIIS) if—
(A) The contract is valued at more than the simplified acquisition threshold;
(B) The determination of nonresponsibility is based on lack of satisfactory performance record or satisfactory record of integrity and business ethics; and
(C) The Small Business Administration does not issue a Certificate of Competency.
(ii) The contracting officer is responsible for the timely submission, within 3 working days, and sufficiency of the documentation regarding the nonresponsibility determination.
[48 FR 42142, Sept. 19, 1983, as amended at 75 FR 14066, Mar. 23, 2010]
Title 48 published on 2012-10-01
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