Overview
FAR 9.101 provides specific definitions for terms used in determining the responsibility of prospective contractors, focusing on the nature of legal proceedings and the entities responsible for evaluating contractor capabilities.
Key Rules
- Administrative Proceeding: Defined as a non-judicial, adjudicatory process used to determine fault or liability (e.g., SEC, CBCA, or ASBCA proceedings).
- Scope of Proceedings: Includes both Federal and State levels, but only when the matter is connected to the performance of a Federal contract or grant.
- Exclusions: Routine agency actions such as contract audits, site visits, corrective action plans, or inspections of deliverables do not qualify as administrative proceedings.
- Surveying Activity: Identifies the specific organization—typically the cognizant contract administration office—tasked with conducting preaward surveys to verify a contractor's fitness for award.
Practical Implications
- Contractors must distinguish between routine audits and formal administrative proceedings when disclosing their integrity records and legal history in systems like FAPIIS.
- The definition of "Surveying activity" clarifies for the contracting officer which specific technical or administrative office has the authority to validate a bidder's financial and operational capacity before a contract is finalized.