Responsibility Determination Clause Samples
The Responsibility Determination clause establishes which party is accountable for specific obligations, actions, or outcomes under the agreement. In practice, this clause outlines the criteria or process used to assign responsibility, such as evaluating performance, compliance with regulations, or fulfillment of contractual duties. By clearly defining who is responsible for what, the clause helps prevent disputes and ensures that each party understands their roles, thereby promoting accountability and smooth contract execution.
Responsibility Determination. 8.1 Vendor represents and warrants that any information submitted as part of NYC Health + Hospitals’ vendor responsibility determination process, including PASSPort, have been, or will be, fully answered in accordance with the requirements set forth by the New York City Mayor’s Office of Contract Services. The veracity of the information submitted is a material inducement to NYC Health + Hospitals’ execution of this Agreement.
8.2 If clearance from the City’s Office of Inspector General cannot be obtained prior to execution of this Agreement and if subsequent to the execution of this Agreement NYC Health + Hospitals receives information from the Office of the Inspector General of the kind that would typically lead to a finding that a vendor is not responsible to receive a contract from NYC Health + Hospitals, then NYC Health + Hospitals may terminate this Agreement immediately without liability for any damages resulting therefrom.
8.3 Vendor must submit new PASSPort questionnaires every three years from the date of its last submission of PASSPort questionnaires so long as this Agreement is in effect.
Responsibility Determination. Notwithstanding the evaluation methodology outlined in this SIR, the Government will determine the offeror’s business responsibility prior to the MOA award. The prospective contractor must:
(1) have satisfactory credit or can obtain adequate financial resources to perform; The offeror that does not submit financial documents, provide sufficient documentation, or have adequate financial resouces, fails this requirement.
(2) have a satisfactory contract performance record; The offeror with CPARS and/or PPQs ratings lower than “Satisfactory” fails this requirement.
(3) have the capability in terms of appropriate accounting and operational controls that may include, but are not limited to, production control, property control systems, quality assurance programs, and appropriate safety programs;
(4) have the tenacity and perserverance to apply necessary resources to do an acceptable job on the contract or task order;
(5) have a satisfactory record of integrity and proper business ethics; and
(6) be qualified and eligible to receive an award under applicable laws or regulations. The offeror, who fails to meet any of the requirements above, will not be eligible for further consideration for a MOA award.
Responsibility Determination. Notwithstanding the evaluation methodology outlined in this SIR, the Government will determine the offeror’s responsibility prior to the MOA award. At a minimum, the prospective contractor must:
a) Have or can obtain adequate financial resources to perform;
b) Have a satisfactory performance history;
c) Have the ability to meet any required or proposed delivery schedule;
d) Have a satisfactory record of integrity and proper business ethics;
e) Have appropriate accounting and operational controls that may include, but are not limited to, production control, property control systems, quality assurance programs, and appropriate safety programs;
f) be qualified and eligible to receive an award under applicable laws or regulations. The offeror, who fails to meet any of the requirements above, will not be eligible for further consideration for a MOA award.
Responsibility Determination. Notwithstanding the evaluation methodology outlined in this SIR, the Government will determine the offeror’s business responsibility prior to the MOA award. The prospective contractor must:
Responsibility Determination. The Government will only evaluate the plan submitted by the apparently successful offeror. The evaluation will be performed by the Small Business Specialist and the Contract Specialist. The Government reserves the right pursuant to FAR 9.105-1(c)(3) and 19.705-3 to confer with the offeror on elements of the Small Business Subcontracting Plan in order to determine Responsibility prior to award. These conversations will not constitute discussions as defined in FAR 15.306(c). The Small Business Subcontracting Plan shall be provided concurrent with submission of the Offeror’s proposal and will be incorporated into the task order. The individual plan shall contain the following:
Responsibility Determination. Notwithstanding the evaluation methodology outlined in this SIR, the Government will determine the offeror’s business responsibility prior to the MOA award by reviewing completed Section K, SBA DSBS and ▇▇▇/Beta.▇▇▇ record. Additionally, the prospective contractor must:
(1) have satisfactory credit or can obtain adequate financial resources to perform; The offeror does not submit financial documents, or COC, or has less than three (3) months of operating funds, fails this requirement.
(2) have a satisfactory performance record; The offeror with CPARS and/or PPQs with ratings lower than “Satisfactory” fails this requirement.
(3) have capability in terms of appropriate accounting and operational controls that may include, but are not limited to, production control, property control systems, quality assurance programs, and appropriate safety programs;
(4) have the tenacity and perserverance to apply necessary resources to do an acceptable job on the contract or task order;
(5) have a satisfactory record of integrity and proper business ethics;
(6) be qualified and eligible to receive an award under applicable laws or regulations. The offeror, who fails to meet any of the requirements above, will not be eligible for further consideration for a MOA award.
Responsibility Determination. Responsibility will be determined by analyzing whether the apparent successful offeror complies with the requirements of FAR 9.1, including: adequate financial resources or the ability to obtain them; ability to comply with the required performance period, taking into consideration all existing commercial and governmental business commitments; satisfactory record of integrity and business ethics; necessary organization, experience, and skills or the ability to obtain them; necessary equipment and facilities or the ability to obtain them; and be otherwise qualified and eligible to receive an award under applicable laws and regulations. OFFEROR REPRESENTATIONS AND CERTIFICATIONS
Responsibility Determination. The Government will determine contractor responsibility by analyzing whether the apparent successful offeror complies with the requirements of FAR 9.1, including:
Responsibility Determination. To be determined responsible, a prospectivecontractor must-
a. Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;
b. Have a satisfactory record of integrity and business ethics including satisfactory compliance with the law including tax laws, labor and employment laws, environmental laws, antitrust laws, and consumer protection laws.
c. Have the necessary organization, experience, accounting and operational controls, technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors). (See FAR Part 9.104-3(a));
d. Be otherwise qualified and eligible to receive an award under applicable laws and regulations.
Responsibility Determination. The City will make awards only to responsible vendors. The City reserves the right to assess offeror responsibility at any time in this RFP process and may not make a responsibility determination for every offeror.