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Acquisition Policy Flash! 15-05

What's Changed?

Determining Contractor Responsibility (Revised PPM)

Purpose:  The revised Procurement Policy Memorandum (PPM) rescinds Information Letter 049-08-03, “Use of Dun and Bradstreet Reports as a Means of Assisting in Determining Contractor Responsibility,” dated April 11, 2008 and Information Letter 049-04-1, “The Specially Designated Nationals (SDN) List, the Denied Persons List, and Other Lists,” dated January 5, 2004.  The PPM provides guidance to VA acquisition community on determining contractor responsibility.  It prescribes policies, standards, and procedures for determining whether prospective contractors (and subcontractors) are responsible.

VA Acquisition Regulation (VAAR) Section Impacted:  N/A

Effective Date:  Immediately

Expiration Date:  N/A

Background:  The Federal Acquisition Regulation (FAR) states that purchases shall be made from, and contracts shall be awarded to, responsible prospective contractors only.  Responsible contractors must have the financial and technical resources (including expertise) to provide the Government the supplies or services required under the prospective contract.  Business practices, including ethics and past performance shall be considered.  FAR 9.104-1 defines what constitutes a responsible prospective contractor.

The current update to the attached PPM changes all references to “Dun and Bradstreet” to “Experian.”  Additionally, the Supplier Analysis Report is changed to the Premier Profile Report.

Action Required:  Effective immediately, contracting officers shall use the Experian contract to assist in determining contractor responsibility.

Applicability:  The requirement to determine contractor responsibility before making award applies to all initial procurement actions (contracts and orders).  All prospective contractors shall be checked against the Excluded Parties List System (EPLS) (see www.sam.gov) after receipt of offers, bids, and proposals and before any transaction (award, modification, etc.) is made with that contractor.

Additional Information:  Questions or concerns should be addressed to the Office of Acquisition and Logistics (003A), Procurement Policy and Warrant Management Service (003A2A), at (202) 632-5288 or va.procurement.policy@va.gov.

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