---
kind: "section"
citation: "48 C.F.R. § 509.105-2"
title: "48"
number: "509.105-2"
heading: "Determinations and documentation."
url: "https://uscodex.org/cfr/48/509.105-2"
---

# §509.105-2. Determinations and documentation.

- (a) The contracting officer shall provide written notification to a prospective contractor determined not responsible. Include the basis for the determination. Notification provides the prospective contractor with the opportunity to correct any problem for future solicitations.
- (b) Due to the potential for de facto debarment, the contracting officer shall avoid making repeated determinations of nonresponsibility based on the same past performance information.
- (c) To provide for timely consideration of the need to institute action to debar a contractor, the contracting officer shall submit a copy of each nonresponsibility determination, other than those based on capacity or financial capability, to the Suspension and Debarment Official in the Office of Acquisition Policy.

## Notes

### Amendments

[74 FR 12732, Mar. 25, 2009, as amended at 81 FR 1532, Jan. 13, 2016]

### Authority

Authority: 40 U.S.C. 121(c).

### Source

Source: 64 FR 37207, July 9, 1999, unless otherwise noted.

### Amendments

[74 FR 12732, Mar. 25, 2009, as amended at 81 FR 1532, Jan. 13, 2016]