48 CFR § 9.104-4 - 9.104-4 Subcontractor responsibility.

---
identifier: "/us/cfr/t48/s9.104-4"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "48 CFR § 9.104-4 - 9.104-4   Subcontractor responsibility."
title_number: 48
title_name: "Federal Acquisition Regulations System"
section_number: "9.104-4"
section_name: "9.104-4   Subcontractor responsibility."
chapter_number: 1
chapter_name: "FEDERAL ACQUISITION REGULATION"
subchapter_number: "B"
subchapter_name: "ACQUISITION PLANNING"
part_number: "9"
part_name: "CONTRACTOR QUALIFICATIONS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "41 U.S.C. 1121(b); 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113."
regulatory_source: "48 FR 42142, Sept. 19, 1983, unless otherwise noted."
cfr_part: "9"
---


# 9.104-4 9.104-4   Subcontractor responsibility.

(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.

[48 FR 42142, Sept. 19, 1983, as amended at 81 FR 58638, Aug. 25, 2016; 81 FR 91638, Dec. 16, 2016; 82 FR 51529, Nov. 6, 2017]