9.701
Definition
A "Pool" is a formally organized and approved group of businesses that jointly pursue defense production or R&D contracts, requiring a written agreement and official approval.
Overview
FAR 9.701 provides the definition of "Pool" as it applies to Subpart 9.7, which addresses Defense Production Pools and Research and Development Pools. A "Pool" refers to a group of businesses that have formally associated to jointly obtain and perform defense production or R&D contracts. To qualify as a Pool under this regulation, the group must have an agreement outlining their organization and procedures, and this agreement must be approved by either the Small Business Administration (SBA) or a designated official under specific federal authorities. This definition is foundational for understanding eligibility and compliance requirements for contractors seeking to participate in such pools.
Key Rules
- Definition of Pool
- A Pool is a group of businesses that join together to pursue and perform defense production or R&D contracts.
- Agreement Requirement
- The Pool must have a formal agreement governing its organization, relationships, and procedures.
- Approval Requirement
- The agreement must be approved by the SBA or a designated federal official under specified statutes and executive orders.
Responsibilities
- Contracting Officers: Must verify that any group claiming Pool status meets the definition and approval requirements.
- Contractors: Must ensure their Pool agreement is properly structured and approved before pursuing contracts as a Pool.
- Agencies: Oversee and enforce compliance with Pool formation and approval requirements.
Practical Implications
- This section ensures only properly organized and approved groups can act as Pools for defense production or R&D contracts, preventing unauthorized or informal collaborations.
- Contractors must be diligent in forming Pools and securing necessary approvals to avoid disqualification or compliance issues.
- Common pitfalls include failing to obtain required approvals or lacking a formal agreement.