Competition
Contracting officers must actively ensure adequate competition by reviewing qualification lists and facilitating the qualification of new sources when qualification requirements apply.
Overview
FAR 9.206-3 outlines the procedures contracting officers must follow to ensure adequate competition when qualification requirements (such as Qualified Products Lists (QPL), Qualified Manufacturers Lists (QML), or Qualified Bidders Lists (QBL)) apply to an acquisition. Before issuing a solicitation, the contracting officer must review these lists to determine if there are enough qualified sources to foster competition. If not, the officer must coordinate with the agency activity responsible for the qualification requirement to either delay the solicitation until more sources qualify or explore alternative means for quality assurance. After solicitation, the contracting officer must provide the agency with information on interested but unqualified sources, so the agency can help them meet qualification standards, thereby promoting future competition.
Key Rules
- Presolicitation Review of Qualified Sources
- Contracting officers must check QPL, QML, or QBL to ensure enough qualified sources exist for competition before issuing a solicitation.
- Action if Inadequate Competition
- If too few sources are qualified, the contracting officer must consult the responsible agency to either delay the solicitation or consider alternative qualification/testing methods.
- Post-Solicitation Support for Interested Parties
- Contracting officers must submit information on interested but unqualified firms to the agency, which must assist them in qualifying for future opportunities.
Responsibilities
- Contracting Officers: Review qualification lists, coordinate with agency activities, and report interested but unqualified sources.
- Contractors: Ensure they are listed on relevant qualification lists to be eligible for competition.
- Agencies: Support and assist interested firms in meeting qualification standards and maintain qualification requirements.
Practical Implications
- This section ensures fair competition by maximizing the pool of qualified sources for acquisitions subject to qualification requirements.
- It helps prevent unnecessary sole-source awards due to restrictive qualification lists and encourages new entrants to qualify.
- Common pitfalls include failing to review qualification lists or not assisting interested but unqualified firms, which can lead to protests or delays.