2024: The FAR, Federal Acquisition Regulations - Part 9

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The FAR:
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2024 Webinar Series
THE FAR
THE FAR – PART 9

2024 Webinar Series
THE FAR
FAR PART #9:
Contractor Qualifications
SPEAKER: Wojciech Kornacki
FIRM: Watson & Associates LLC
EMAIL: kornackiw@theodorewatson.com

Sources:
Federal Acquisition Regulation – Part 9 – Contractor Qualifications
Applicability:
United States / worldwide – unless inconsistent with local laws
Does not apply to:
Foreign States, local governments, other U.S. Government agencies

Policy:
Only presently responsible contractors will be awarded contracts
The Contracting Officer must make an affirmative determination of
responsibility
Small Business Concern – subpart FAR 19.6
8(a) Smal Business – FAR 19.8
LPTA v. late deliveries, default, poor performance

Standards:
 Financial resources
 Comply with the delivery / performance schedule
 Satisfactory performance
 Record of integrity
 Organizational experience (accounting, operations, technical skills, etc.)
 Necessary production, construction, and technical equipment
 Otherwise qualified and eligible

Application:
 Ability to obtain resources
 Satisfactory performance
 Affiliated concerns
 JV
 Subcontractor responsibility
 Certification regarding responsibility matters

Federal Awardee Performance and Integrity Information System:
 Affiliate
 Predecessor
 Evaluations
 Contractor may provide responses
 Solicitation clauses on responsibility

Responsibility / Non-responsibility determinations:
 Must explain determination
 Supporting documents
Prohibitions on contracting:
 Entities that violate arms controls treaties / agreements
 Inverted domestic corporations

First Article testing:
 Impact on cost, time of delivery
 Risk to the Government if no test
 Availability of less costly methods

Debarment, Suspension and Ineligiblity:
 Affiliate
 SAM
 Civil judgment
 Contractor
 Indictment
 Legal proceedings
 Unfair trade practice

Debarment Factors:
 Effective standards of conduct
 Reported the activity in question
 Fully investigated
 Cooperate
 Paid / Reimburse
 Disciplinary actions
 Remedial measures
 New controls
 Adequate time
 Recognize seriousness

Debarment Causes:
 Criminal offense
 Violation of Federal / State anti-trust statutes
 Embezzlement, forgery, tax evasion, receiving stolen property
 Fake “Made in America” inscription
 Lack of business integrity

Effects:
 Agencies not solicit offers / award contracts
 Excluded from conducting business
 Ineligible
 Continuation of current contracts
 Restrictions on subcontracting
Compelling Reasons Determination

2024 Webinar Series
THE FAR
THANK YOU FOR ATTENDING!
FAR PART #9:
Contractor Qualifications
SPEAKER: Wojciech Kornacki
FIRM: Watson & Associates LLC
EMAIL: kornackiw@theodorewatson.com

2024 Webinar Series
THE FAR
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2024 Webinar Series
The FAR:
Federal Acquisition Regulations
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2024: The FAR, Federal Acquisition Regulations - Part 9

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