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41 U.S.C. § 113 — Responsible source
Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “responsible source” means a prospective contractor that—
(1) has adequate financial resources to perform the contract or the ability to obtain those resources;
(2) is able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and Government business commitments;
(3) has a satisfactory performance record;
(4) has a satisfactory record of integrity and business ethics;
(5) has the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain the organization, experience, controls, and skills;
(6) has the necessary production, construction, and technical equipment and facilities, or the ability to obtain the equipment and facilities; and
(7) is otherwise qualified and eligible to receive an award under applicable laws and regulations.
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 113
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Stable record: federal_law:legal_authorities:record_usc_2fdb3ca186ecad5a34dab6a8
Source file: Laws/federal/codes/united-states-code/title-41/section-113-responsible-source--40463d8cc0.md
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Source location: Title 41, Chapter 1, § 113; chapter-001-chapter-1.md
Stored source content
In this subtitle, the term “responsible source” means a prospective contractor that—
(1) has adequate financial resources to perform the contract or the ability to obtain those resources;
(2) is able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and Government business commitments;
(3) has a satisfactory performance record;
(4) has a satisfactory record of integrity and business ethics;
(5) has the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain the organization, experience, controls, and skills;
(6) has the necessary production, construction, and technical equipment and facilities, or the ability to obtain the equipment and facilities; and
(7) is otherwise qualified and eligible to receive an award under applicable laws and regulations.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Subject to the authority, direction, and control of the Director of the Office of Management and Budget, the Administrator of General Services shall establish and maintain a database of information regarding the integrity and performance of certain persons awarded Federal agency contracts and grants for use by Federal agency officials having authority over contracts and grants.
**(b) Persons Covered.—** The database shall cover the following:
(1) Any person awarded a Federal agency contract or grant in excess of $500,000, if any information described in subsection (c) exists with respect to the person.
(2) Any person awarded such other category or categories of Federal agency contract as the Federal Acquisition Regulation may provide, if any information described in subsection (c) exists with respect to the person.
**(c) Information Included.—** With respect to a covered person, the database shall include information (in the form of a brief description) for the most recent 5-year period regarding the following:
(1) Each civil or criminal proceeding, or any administrative proceeding, in connection with the award or performance of a contract or grant with the Federal Government with respect to the person during the period to the extent that the proceeding results in the following dispositions:
(A) In a criminal proceeding, a conviction.
(B) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(C) In an administrative proceeding, a finding of fault and liability that results in—
(i) the payment of a monetary fine or penalty of $5,000 or more; or
(ii) the payment of a reimbursement, restitution, or damages in exce
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 2313
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** Subject to subsection (b), the head of an executive agency may carry out a covered procurement action.
**(b) Determination and Notification.—** Except as authorized by subsection (c) to address an urgent national security interest, the head of an executive agency may exercise the authority provided in subsection (a) only after—
(1) obtaining a joint recommendation, in unclassified or classified form, from the chief acquisition officer and the chief information officer of the agency, or officials performing similar functions in the case of executive agencies that do not have such officials, which includes a review of any risk assessment made available by the executive agency identified under [section 1323(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1323/a/3&num=0&edition=prelim), that there is a significant supply chain risk in a covered procurement;
(2) providing notice of the joint recommendation described in paragraph (1) to any source named in the joint recommendation advising—
(A) that a recommendation is being considered or has been obtained;
(B) to the extent consistent with the national security and law enforcement interests, of information that forms the basis for the recommendation;
(C) that, within 30 days after receipt of the notice, the source may submit information and argument in opposition to the recommendation; and
(D) of the procedures governing the consideration of the submission and the possible exercise of the authority provided in subsection (a);
(3) making a determination in writing, in unclassified or classified form, after considering any information submitted by a source under paragraph (2) and in consultation with the chief information security officer of t
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 4713
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) **Persons other than individuals.—** — A person other than an individual shall not be considered a responsible source (as defined in [section 113 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section113&num=0&edition=prelim)) for the purposes of being awarded a contract for the procurement of any property or services of a value greater than the simplified acquisition threshold (as defined in [section 134 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section134&num=0&edition=prelim)) by a Federal agency, other than a contract for the procurement of commercial products or commercial services (as defined in sections 103 and 103a, respectively, of this title), unless the person agrees to provide a drug-free workplace by—
(A) publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person’s workplace and specifying the actions that will be taken against employees for violations of the prohibition;
(B) establishing a drug-free awareness program to inform employees about—
(i) the dangers of drug abuse in the workplace;
(ii) the person’s policy of maintaining a drug-free workplace;
(iii) available drug counseling, rehabilitation, and employee assistance programs; and
(iv) the penalties that may be imposed on employees for drug abuse violations;
(C) making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by subparagraph (A);
(D) notifying the employee in the statement required by subparagraph (A) that as a condition of employment on the contract the employee wil
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 8102
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Federal law — U.S. Code and appendices · legal_authorities
Page 9
TITLE 41—PUBLIC CONTRACTS
§ 116
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
112 .............
41:259(c)(2).
June 30, 1949, ch. 288, title
III, § 309(c)(2), as added
Pub. L. 98–369, title VII,
§ 2711(a)(3), July 18, 1984, 98
Stat. 1180; Pub. L. 98–577,
title V, § 504(a)(4), Oct. 30,
1984, 98 Stat. 3086; Pub. L.
103–355, title I, § 1551, Oct.
13, 1994, 108 Stat. 3299.
41:403(3).
Pub. L. 93–400, § 4(3), Aug. 30,
1974, 88 Stat. 797; Pub. L.
96–83, § 3, Oct. 10, 1979, 93
Stat. 649; Pub. L. 98–191,
§ 4, Dec. 1, 1983, 97 Stat.
1326; Pub. L. 103–355, title
VIII, § 8001(b)(1)–(3), Oct.
13, 1994, 108 Stat. 3386.
§ 113. Responsible source
In this subtitle, the term ‘‘responsible source’’
means a prospective contractor that—
(1) has adequate financial resources to per-
form the contract or the ability to obtain
those resources;
(2) is able to comply with the required or
proposed delivery or performance schedule,
taking into consideration all existing commer-
cial and Government business commitments;
(3) has a satisfactory performance record;
(4) has a satisfactory record of integrity and
business ethics;
(5) has the necessary organization, experi-
ence, accounting and operational controls, and
technical skills, or the ability to obtain the
organization, experience, controls, and skills;
(6) has the necessary production, construc-
tion, and technical equipment and facilities,
or the ability to obtain the equipment and fa-
cilities; and
(7) is otherwise qualified and eligible to re-
ceive an award under applicable laws and regu-
lations.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3681.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
113 ..
Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 113
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.