Policy
FAR 9.202 ensures qualification requirements are justified, transparent, and not unduly restrictive, promoting fair competition and clear opportunities for offerors to qualify.
Overview
FAR 9.202 establishes the policy for setting and managing qualification requirements in federal contracting. It mandates that agencies justify and document the need for qualification requirements, provide clear criteria and opportunities for potential offerors to qualify, and ensure transparency and fairness in the process. The regulation also outlines procedures for waivers, revalidation of requirements, and the handling of challenges or delays related to qualification standards.
Key Rules
- Written Justification for Qualification Requirements
- Agencies must prepare a written justification explaining the necessity, estimated costs, and specific (least restrictive) requirements for qualification before establishing such requirements.
- Disclosure and Opportunity to Qualify
- Potential offerors must be provided with all qualification requirements and a prompt, fair opportunity to demonstrate their ability to meet them, typically at their own expense.
- Testing and Evaluation Services
- If third-party contractors provide testing, they must not have a conflict of interest and must protect offerors’ technical data.
- Notification of Qualification Status
- Agencies must promptly inform offerors of their qualification status and provide specific reasons if not qualified.
- Waivers and Exceptions
- Under certain circumstances, agencies may waive some requirements for up to two years, but not for QPL, QML, or QBL items.
- Offeror Rights
- Offerors who can meet qualification standards before award cannot be excluded solely for not being on a QPL/QML/QBL or not previously identified as qualified.
- No Mandatory SBA Referral
- Contracting officers are not required to refer disputes over qualification requirements to the SBA.
- No Delay Required
- Agencies are not obligated to delay awards to allow offerors time to qualify.
- Periodic Review
- Qualification requirements must be reviewed and revalidated at least every 7 years, excluding waiver periods.
Responsibilities
- Contracting Officers: Ensure proper justification, disclosure, prompt notification, and compliance with review timelines; do not delay awards unnecessarily.
- Contractors: Request qualification requirements, demonstrate compliance, and respond promptly to agency communications.
- Agencies: Oversee justification, waiver, and revalidation processes; ensure fair and transparent qualification procedures.
Practical Implications
This section ensures that qualification requirements are justified, transparent, and not unduly restrictive, promoting competition and fairness. Contractors must be proactive in seeking qualification information and demonstrating compliance. Agencies must balance the need for qualified sources with the obligation to avoid unnecessary barriers to competition. Common pitfalls include inadequate justification, failure to notify offerors, or not adhering to review timelines.