Non-Responsibility Determination

A non-responsibility determination is a contracting officer's formal written finding that a prospective contract awardee does not meet the FAR standards for financial resources, integrity, technical capability, or eligibility, and therefore cannot receive the contract.

What is a Non-Responsibility Determination?

When a contracting officer concludes that a prospective awardee fails to meet one or more of the general standards at FAR 9.104-1, they issue a non-responsibility determination and must move to the next responsible and responsive offeror in the competitive range. The determination must be in writing and document the specific basis for the finding.

Common grounds for non-responsibility include:

• Active exclusion - the prospective awardee is suspended or debarred and listed in SAM.gov's exclusions database.
• Inadequate financial resources - the contractor lacks sufficient working capital, creditworthiness, or bonding capacity to perform the contract.
• Poor integrity record - pending criminal charges, recent convictions, or a documented history of contract fraud or serious performance failures.
• Insufficient technical capability - lack of required facilities, certifications, cleared personnel, or specialized equipment.
• Failure to comply with equal opportunity obligations - active compliance actions or unresolved debarment proceedings under equal employment laws.

For small businesses only, a non-responsibility determination triggers a mandatory referral to the Small Business Administration. SBA has 15 working days to determine whether to issue a Certificate of Competency (COC). If SBA issues a COC, the contracting officer must award to that small business regardless of the non-responsibility finding. Large businesses have no equivalent COC remedy.

Why Non-Responsibility Determinations matter for government contractors

Companies that have received or are at risk of non-responsibility findings must actively manage the underlying concerns before submitting proposals, not after. Disclosing and addressing problems proactively - showing remediation of financial issues, resolution of legal matters, or correction of past performance failures - is far more effective than responding to a non-responsibility finding after award is blocked.

Example

A services contractor submits the winning proposal on a professional services IDIQ contract. The contracting officer's pre-award check discovers an active SAM.gov exclusion imposed by a different agency six months earlier in connection with an unresolved billing dispute. The contracting officer issues a non-responsibility determination and moves to the second-ranked offeror. The excluded contractor, unable to access the COC process as a large business, must resolve the exclusion proceeding before competing again.

Frequently Asked Questions

Can a contractor appeal a non-responsibility determination?

Large businesses have no administrative appeal right for an affirmative non-responsibility determination. The contractor may file a bid protest at the GAO or Court of Federal Claims, but GAO's standard of review is highly deferential - it will sustain a protest against a non-responsibility determination only if the contracting officer's finding was fraudulent, in bad faith, or based on a failure to follow required procedures (such as the mandatory SBA referral for small businesses).

Does a non-responsibility determination affect the contractor's ability to compete on other contracts?

A non-responsibility determination is specific to the individual procurement - it is not a government-wide sanction. The contractor may continue to bid on other contracts. However, if the contracting officer discovers a concern serious enough to support a referral to the suspension and debarment official (SDO), a subsequent government-wide suspension or debarment could result.

How long does a non-responsibility determination stay on record?

Non-responsibility determinations are documented in the specific contract file and in CPARS if they relate to performance issues on a prior contract. They do not appear in SAM.gov unless they escalate to a formal suspension or debarment. However, contracting officers at other agencies reviewing past performance records or conducting responsibility analyses may discover prior non-responsibility determinations through FPDS data or agency communications.

What is the difference between a non-responsibility determination and a technical rejection?

A technical rejection (finding a proposal technically unacceptable or non-responsive) relates to the content of the proposal itself. A non-responsibility determination relates to the prospective awardee as a company - its financial health, integrity, and capability. Both result in the contractor not receiving the award, but they arise from different FAR provisions and have different remedy procedures.