9.207 Changes in status regarding qualification requirements
Source: FAR 9.207 on acquisition.gov
Contracting officers must promptly report and agencies must act on any changes that could affect a supplier’s or product’s qualification status, ensuring only qualified sources remain eligible.
Overview
FAR 9.207 outlines the procedures and responsibilities for reporting and acting on changes in status regarding qualification requirements, such as those listed on Qualified Products Lists (QPL), Qualified Manufacturers Lists (QML), or Qualified Bidders Lists (QBL). The regulation requires contracting officers to promptly report any conditions that may affect a supplier’s or product’s qualification status, including nonconformance, failure to correct defects, changes in ownership or location, discontinuation of products, requests for removal, violations of qualification conditions, specification changes, manufacturing or design changes, exclusion from the System for Award Management (SAM), or unsatisfactory contract performance. Agencies are empowered to take appropriate action, including removal from qualification lists, and must notify affected parties with specific reasons if such action is taken.
Key Rules
- Prompt Reporting of Status Changes
- Contracting officers must quickly report any conditions that could affect a supplier’s or product’s qualification status to the agency that established the requirement.
- Conditions Requiring Action
- Specific triggers include nonconforming products, uncorrected defects, changes in plant ownership/location, discontinued products, supplier requests for removal, violations of qualification conditions, new or revised specifications, manufacturing/design changes, SAM exclusions, or unsatisfactory performance.
- Agency Action and Notification
- Agencies may act without advance notice but must promptly inform affected parties if removal or disqualification occurs, providing specific reasons.
Responsibilities
- Contracting Officers: Monitor and report any qualifying changes in supplier or product status.
- Contractors: Maintain compliance with qualification requirements and promptly communicate relevant changes.
- Agencies: Review reports, take appropriate action, and notify affected parties with detailed reasons for removal or disqualification.
Practical Implications
- Ensures only qualified sources remain eligible for contracts requiring specific qualifications.
- Promotes integrity and reliability in the procurement process.
- Contractors risk removal from qualification lists if they fail to maintain standards or communicate changes, potentially losing eligibility for future awards.
(a) The contracting officer shall promptly report to the agency activity which established the qualification requirement any conditions which may merit removal or omission from a QPL, QML, or QBL or affect whether a source should continue to be otherwise identified as meeting the requirement. These conditions exist when-
(1) Products or services are submitted for inspection or acceptance that do not meet the qualification requirement;
(2) Products or services were previously rejected and the defects were not corrected when submitted for inspection or acceptance;
(3) A supplier fails to request reevaluation following change of location or ownership of the plant where the product which met the qualification requirement was manufactured (see the clause at 52.209-1, Qualification Requirements);
(4) A manufacturer of a product which met the qualification requirement has discontinued manufacture of the product;
(5) A source requests removal from a QPL, QML, or QBL;
(6) A condition of meeting the qualification requirement was violated; e.g., advertising or publicity contrary to 9.204(h)(5);
(7) A revised specification imposes a new qualification requirement;
(8) Manufacturing or design changes have been incorporated in the qualification requirement;
(9) The source is listed in the System for Award Management Exclusions (see subpart 9.4); or
(10) Performance of a contract subject to a qualification requirement is otherwise unsatisfactory.
(b) After considering any of the above or other conditions reasonably related to whether a product or source continues to meet the standards specified for qualification, an agency may take appropriate action without advance notification. The agency shall, however, promptly notify the affected parties if a product or source is removed from a QPL, QML, or QBL, or will no longer be identified as meeting the standards specified for qualification. This notice shall contain specific information why the product or source no longer meets the qualification requirement.