9.205 Opportunity for qualification before award
Source: FAR 9.205 on acquisition.gov
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.
(a) If an agency determines that a qualification requirement is necessary, the agency activity responsible for establishing the requirement must urge manufacturers and other potential sources to demonstrate their ability to meet the standards specified for qualification and, when possible, give sufficient time to arrange for qualification before award. The responsible agency activity must, before establishing any qualification requirement, furnish notice through the GPE. The notice must include-
(1) Intent to establish a qualification requirement;
(2) The specification number and name of the product;
(3) The name and address of the activity to which a request for the information and opportunity described in 9.202(a)(2) should be submitted;
(4) The anticipated date that the agency will begin awarding contracts subject to the qualification requirement;
(5) A precautionary notice that when a product is submitted for qualification testing, the applicant must furnish any specific information that may be requested of the manufacturer before testing will begin; and
(6) The approximate time period following submission of a product for qualification testing within which the applicant will be notified whether the product passed or failed the qualification testing (see 9.202(a)(4)).
(b) The activity responsible for establishing a qualification requirement must keep any list maintained of those already qualified open for inclusion of additional products, manufacturers, or other potential sources.