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                            9.104-3 Application of standards.
        
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FAC Number: 2024-03 Effective Date: 02/23/2024
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Subpart9.09.19.29.39.49.59.69.7
Section9.1009.1019.1029.1039.1049.1059.1069.1079.1089.1099.110
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9.104-3 Application of standards.9.104-3 Application of standards.(a)                   *Ability to obtain resources*. Except to the extent that a prospective contractor has sufficient resources or proposes to perform the contract by subcontracting, the contracting officer shall require acceptable evidence of the prospective contractor’s ability to obtain required resources (see  9.104-1(a), (e), and (f)). Acceptable evidence normally consists of a commitment or explicit arrangement, that will be in existence at the time of contract award, to rent, purchase, or otherwise acquire the needed facilities, equipment, other resources, or personnel. Consideration of a prime contractor’s compliance with limitations on subcontracting shall take into account the time period covered by the contract base period or quantities plus option periods or quantities, if such options are considered when evaluating offers for award.                             (b)                   *Satisfactory performance record*. A prospective                   contractor that is or recently has been seriously deficient in                   contract performance shall be presumed to be nonresponsible,                   unless the contracting officer determines that the                   circumstances were properly beyond the contractor’s control,                   or that the contractor has taken appropriate corrective                   action. Past failure to apply sufficient tenacity and                   perseverance to perform acceptably is strong evidence of                   nonresponsibility. Failure to meet the quality requirements of                   the contract is a significant factor to consider in                   determining satisfactory performance. The contracting officer                   shall consider the number of contracts involved and the extent                   of deficient performance in each contract when making this                   determination. If the pending contract requires a                   subcontracting plan pursuant to  subpart  19.7, The Small                   Business Subcontracting Program, the contracting officer shall                   also consider the prospective contractor’s compliance with                   subcontracting plans under recent contracts.                             (c)                                      (1)                         *Affiliated                            concerns*. Affiliated concerns (see "Concern" in  19.001 and "Small business concern"                         in  2.101 ) are normally considered                         separate entities in determining whether the concern that is to perform the                         contract meets the applicable standards for responsibility. However, the                         contracting officer shall consider the affiliate’s past performance and                         integrity when they may adversely affect the prospective contractor’s                         responsibility.                                         (2)                         *Joint                               ventures.* For a prospective contractor that is                            a joint venture, the contracting officer shall                            consider the past performance of the joint venture.                            If the joint venture does not demonstrate past                            performance for award, the contracting officer shall                            consider the past performance of each party to the                            joint                            venture.                                                (d)                                      (1)                         *Small business concerns*. Upon making a determination of nonresponsibility with regard to a small business concern, the contracting officer shall refer the matter to the Small Business Administration, which will decide whether to issue a Certificate of Competency (see subpart  19.6).                                         (2) *Limitations on subcontracting*. A small business that is unable to comply with the limitations on subcontracting may be considered nonresponsible (see  52.219-3, Notice of HUBZone Set-Aside or Sole Source Award;  52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns;  52.219-14, Limitations on Subcontracting;  52.219-27,Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program;  52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns; and  52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program). A small business that has not agreed to comply with the limitations on subcontracting may be considered nonresponsive.**Parent topic:**  9.104 Standards.
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