---
title: "Test a supplier against the responsibility standards"
url: "https://ailawframework.com/practice/government-procurement-and-tendering/test-conditions-for-participation-against-the-ability-limits/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A50-CO20261022-11-US"
practice_area: "Government Procurement & Tendering"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Test a supplier against the responsibility standards

> Copy each condition that asks about finances, schedule capacity, past performance, integrity, organization, equipment, or location.…

Canonical page: https://ailawframework.com/practice/government-procurement-and-tendering/test-conditions-for-participation-against-the-ability-limits/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Government Procurement & Tendering](https://ailawframework.com/practice/government-procurement-and-tendering.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | Copy each condition that asks about finances, schedule capacity, past performance, integrity, organization, equipment, or location. Mark any condition that would treat a supplier as not responsible only because it has no relevant performance history. Do not decide that a supplier is responsible or excluded. |
| What the lawyer must review | The lawyer decides responsibility under FAR 9.104-1. A prospective contractor must have adequate financial resources or the ability to obtain them, be able to meet the delivery or performance schedule given its other commitments, have a satisfactory performance record, a satisfactory record of integrity and business ethics, the necessary organisation, experience, controls, and technical skills or the ability to obtain them, the necessary equipment and facilities or the ability to obtain them, and be otherwise qualified and eligible. A contractor shall not be determined responsible or nonresponsible solely because it lacks relevant performance history, except as provided in FAR 9.104-2, which was not opened. FAR 19.502-2 uses the same idea of a responsible small business when a set-aside depends on receiving offers from at least two of them. The opened text does not forbid asking about experience with the buying agency, beyond that limit on using a lack of history as the sole ground. |
| Written for | United States |
| Applies to | [Test conditions for participation against the ability limits](https://ailawframework.com/practice/government-procurement-and-tendering/test-conditions-for-participation-against-the-ability-limits.md) |

## Checking plan

- What the AI does: Copy each condition that asks about finances, schedule capacity, past performance, integrity, organization, equipment, or location. Mark any condition that would treat a supplier as not responsible only because it has no relevant performance history. Do not decide that a supplier is responsible or excluded.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The cross-reference in FAR 9.104-1(g) to the inverted-domestic-corporation prohibition at FAR 9.108 was not opened. Do not explain it from memory.
- Responsibility is not a small-business size standard. Size standards were not opened.

## Sources

- [FAR 9.104-1, General standards (acquisition.gov, FAC 2026-01, effective 13 March 2026)](https://www.acquisition.gov/far/9.104-1) (checked 2026-10-22)
- [FAR 19.502-2, Total small business set-asides (acquisition.gov, FAC 2026-01, effective 13 March 2026)](https://www.acquisition.gov/far/19.502-2) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*