9.204 Responsibilities for establishment of a qualification requirement
Source: FAR 9.204 on acquisition.gov
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.
The responsibilities of agency activities that establish qualification requirements include the following:
(a) Arranging publicity for the qualification requirements. If active competition on anticipated future qualification requirements is likely to be fewer than two manufacturers or the products of two manufacturers, the activity responsible for establishment of the qualification requirements must-
(1) Periodically furnish through the Governmentwide point of entry (GPE) a notice seeking additional sources or products for qualification unless the contracting officer determines that such publication would compromise the national security.
(2) Bear the cost of conducting the specified testing and evaluation (excluding the costs associated with producing the item or establishing the production, quality control, or other system to be tested and evaluated) for a small business concern or a product manufactured by a small business concern which has met the standards specified for qualification and which could reasonably be expected to compete for a contract for that requirement. However, such costs may be borne only if it is determined in accordance with agency procedures that such additional qualified sources or products are likely to result in cost savings from increased competition for future requirements sufficient to amortize the costs incurred by the agency within a reasonable period of time, considering the duration and dollar value of anticipated future requirements. A prospective contractor requesting the United States to bear testing and evaluation costs must certify as to its status as a small business concern under Section 3 of the Small Business Act in order to receive further consideration.
(b) Qualifying products that meet specification requirements.
(c) Listing manufacturers and suppliers whose products are qualified in accordance with agency procedures.
(d) Furnishing QPL’s, QML’s, or QBL’s or the qualification requirements themselves to prospective offerors and the public upon request (see 9.202(a)(2)(i)).
(e) Clarifying, as necessary, qualification requirements.
(f) In appropriate cases, when requested by the contracting officer, providing concurrence in a decision not to enforce a qualification requirement for a solicitation.
(g) Withdrawing or omitting qualification of a listed product, manufacturer or offeror, as necessary.
(h) Advising persons furnished any list of products, manufacturers or offerors meeting a qualification requirement and suppliers whose products are on any such list that-
(1) The list does not constitute endorsement of the product, manufacturer, or other source by the Government;
(2) The products or sources listed have been qualified under the latest applicable specification;
(3) The list may be amended without notice;
(4) The listing of a product or source does not release the supplier from compliance with the specification; and
(5) Use of the list for advertising or publicity is permitted. However, it must not be stated or implied that a particular product or source is the only product or source of that type qualified, or that the Government in any way recommends or endorses the products or the sources listed.
(i) Reexamining a qualified product or manufacturer when-
(1) The manufacturer has modified its product, or changed the material or the processing sufficiently so that the validity of previous qualification is questionable;
(2) The requirements in the specification have been amended or revised sufficiently to affect the character of the product; or
(3) It is otherwise necessary to determine that the quality of the product is maintained in conformance with the specification.