Opportunity for qualification before award
Agencies must publicly announce qualification requirements and provide all potential sources a fair opportunity to qualify before contract award.
Overview
FAR 9.205 outlines the procedures agencies must follow to ensure potential contractors have a fair opportunity to qualify before contract award when a qualification requirement is established. Agencies are required to actively encourage manufacturers and potential sources to demonstrate their ability to meet qualification standards and must provide adequate notice and time for qualification. The regulation mandates public notification through the Governmentwide Point of Entry (GPE), detailing the intent to establish a qualification requirement, relevant product specifications, contact information, anticipated contract award dates, information requirements for qualification testing, and expected notification timelines for qualification results. Additionally, agencies must keep qualification lists open to new entrants, ensuring ongoing opportunities for additional products or sources to qualify.
Key Rules
- Public Notice Requirement
- Agencies must publish a notice in the GPE before establishing a qualification requirement, including specific details about the requirement and process.
- Encouragement and Time for Qualification
- Agencies must urge potential sources to qualify and provide sufficient time for them to do so before contract award.
- Open Qualification Lists
- Qualification lists must remain open for new products, manufacturers, or sources to be added at any time.
Responsibilities
- Contracting Officers: Ensure qualification requirements are properly noticed and that qualification lists remain open.
- Contractors: Respond to notices, submit required information, and apply for qualification in a timely manner.
- Agencies: Issue public notices, provide clear instructions, and maintain open qualification lists.
Practical Implications
- This section ensures transparency and fairness in the qualification process, preventing exclusion of capable sources.
- Contractors must monitor the GPE for qualification opportunities and be proactive in submitting required documentation.
- Agencies must avoid creating barriers to entry by keeping qualification processes open and well-publicized.