Responsibilities for establishment of a qualification requirement
Agencies must ensure qualification requirements are transparent, competitive, and fairly administered, with special provisions to support small business participation.
Overview
FAR 9.204 outlines the responsibilities of agency activities in establishing and maintaining qualification requirements for products and suppliers. The regulation ensures that qualification requirements are publicized, qualified products and suppliers are listed and updated, and that small businesses have fair opportunities to compete. Agencies must periodically seek additional sources, especially if competition is limited, and may bear certain testing costs for small businesses if increased competition is expected to yield cost savings. The section also covers the need to clarify requirements, provide qualification lists to the public, reexamine products as necessary, and ensure that qualification lists are not misrepresented as endorsements.
Key Rules
- Publicizing Qualification Requirements
- Agencies must publicize qualification requirements and seek additional sources if competition is limited, unless national security is at risk.
- Testing Costs for Small Businesses
- Agencies may pay for testing and evaluation costs for small businesses if it is likely to result in cost savings, and the business must certify its status.
- Maintaining and Providing Qualification Lists
- Agencies must maintain up-to-date lists of qualified products and suppliers and provide these lists to the public upon request.
- Clarification and Reexamination
- Agencies must clarify requirements as needed and reexamine products or manufacturers when changes occur or quality is in question.
- List Disclaimers and Use
- Agencies must advise that qualification lists are not endorsements and regulate their use in advertising.
Responsibilities
- Contracting Officers: Ensure qualification requirements are publicized, lists are maintained, and small business testing costs are considered appropriately.
- Contractors: Certify small business status when requesting agency-funded testing; comply with qualification requirements and avoid misrepresenting qualification lists as endorsements.
- Agencies: Oversee publicity, qualification, listing, clarification, and reexamination processes; provide lists and disclaimers as required.
Practical Implications
- This section ensures transparency, competition, and fairness in the qualification process, especially for small businesses.
- Contractors must be proactive in understanding qualification requirements and the process for getting products qualified.
- Agencies must balance the need for competition with cost-effectiveness and compliance, and avoid the appearance of government endorsement.