Overview
FAR 9.102 defines the scope of responsibility standards, establishing that these requirements apply to most private-sector contractors while specifically exempting governmental entities and designated non-profit agencies.
Key Rules
- Domestic and Global Reach: The subpart applies to all prospective contractors located in the United States and its outlying areas.
- International Exception: It applies to contractors located outside the U.S. unless the application of these rules would conflict with local laws or customs.
- Governmental Exemptions: The standards do not apply to contracts with foreign, state, or local governments, nor do they apply to other U.S. Federal agencies or their instrumentalities.
- AbilityOne Exemption: Contracts with agencies for people who are blind or severely disabled (as referenced in Subpart 8.7) are exempt from this subpart.
Practical Implications
- Contracting Officers are required to perform formal responsibility determinations for commercial firms but can streamline the process when the "contractor" is another government entity.
- When sourcing globally, the government must verify that FAR responsibility standards do not force a contractor to violate their own nation’s legal framework or established business customs.