9.702 Contracting with pools
Source: FAR 9.702 on acquisition.gov
Contracting with pools requires strict verification, proper offer submission, and documentation to ensure eligibility and compliance with small business preferences.
Overview
FAR 9.702 outlines the requirements and procedures for contracting with pools—groups of firms that join together for government contracting purposes. The regulation ensures that pools are treated similarly to other contractors, with specific rules for offer submission, verification, and documentation. It also clarifies the privileges pools may receive if approved by the Small Business Administration (SBA) and sets out documentation requirements for unincorporated pools.
Key Rules
- Equal Treatment of Pools
- Pools are generally treated the same as any other contractor unless otherwise specified.
- Offer Submission
- Contracts can only be awarded to pools if the offer is submitted in the pool’s name or by a member explicitly on behalf of the pool.
- Verification of Pool Status
- Contracting officers must verify a pool’s approved status with the SBA or other approving agency and document this verification.
- Small Business Preferences
- Only pools approved by the SBA under the Small Business Act are entitled to small business preferences; approval under the Defense Production Act does not grant these privileges.
- Power of Attorney for Unincorporated Pools
- Each member of an unincorporated pool must provide a certified power of attorney for the agent authorized to sign on their behalf, and these must be attached to the contract copies.
Responsibilities
- Contracting Officers: Must verify pool status, ensure proper offer submission, collect and attach powers of attorney, and document all verifications.
- Contractors (Pools): Must submit offers correctly, maintain approved status, and provide required documentation.
- Agencies: Oversee compliance and maintain proper contract documentation.
Practical Implications
- This section ensures transparency and accountability when contracting with pools, especially regarding small business preferences and legal authority to contract. Failure to follow these procedures can result in ineligible awards or loss of small business benefits.
(a) Except as specified in this subpart, a pool shall be treated the same as any other prospective or actual contractor.
(b) The contracting officer shall not award a contract to a pool unless the offer leading to the contract is submitted by the pool in its own name or by an individual pool member expressly stating that the offer is on behalf of the pool.
(c) Upon receipt of an offer submitted by a group representing that it is a pool, the contracting officer shall verify its approved status with the SBA District Office Director or other approving agency and document the contract file that the verification was made.
(d) Pools approved by the SBA under the Small Business Act are entitled to the preferences and privileges accorded to small business concerns. Approval under the Defense Production Act does not confer these preferences and privileges.
(e) Before awarding a contract to an unincorporated pool, the contracting officer shall require each pool member participating in the contract to furnish a certified copy of a power of attorney identifying the agent authorized to sign the offer or contract on that member’s behalf. The contracting officer shall attach a copy of each power of attorney to each signed copy of the contract retained by the Government.