Introduction
In order to be given a government contract, a contractor must be found to be responsible. FAR 9.104-1 defines the general standards that determine a prospective contractor to be determined responsible. Responsibility is a term that indicates that, among other things, that a contractor has ample financial resources to execute the contract and has a satisfactory record of integrity and business ethics. A contracting officer must make an affirmative determination of responsibility in connection with each contract award. Responsibility determinations, therefore, can be subjective. There are some exceptions. A contractor can successfully reverse a nonresponsibility determination if it reveals that the information on which the contracting officer relied was erroneous. Challenges to nonresponsibility determinations have also succeeded where the information supplied to the contracting officer was not the most current available. Information regarding a contractor's responsibility may be provided or changed any time up to contract award.
FAR 9.402 states that agencies can only offer and award to responsible contractors. Discretionary actions such as debarment and suspension shall be imposed to protect the Government's interest. Unlike suspension and debarment proceedings where the contractor can vigorously defend against the government's allegations of improper conduct, however, a contractor may only be able to object to a nonresponsibility determination after the fact. And in most cases, the contracting officer's judgment in the matter will be given the benefit of the doubt.
The FAR Part 2, Subpart 2.1, Definitions, provides "... ?Contracting off ...