Code of Federal Regulations · Section
§ 9.104-4 — 9.104-4 Subcontractor Responsibility
48 C.F.R. § 9.104-4
(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.
Authorizing Statute
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Chapter 137 legacy provisions10 U.S.C. § 3016
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General authority41 U.S.C. § 1121
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Powers of the Administration in performance of functions51 U.S.C. § 20113
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Administrative40 U.S.C. § 121