9.703 Contracting with individual pool members
Source: FAR 9.703 on acquisition.gov
Pool members cannot submit both individual and pool offers for the same contract, and their responsibility as independent contractors must be evaluated with consideration of the pool agreement.
Overview
FAR 9.703 addresses the rules for contracting with individual members of defense production or R&D pools. It clarifies when individual pool members may submit offers separate from their pool and how contracting officers should evaluate such offers. The regulation ensures fair competition and proper responsibility determinations when pool members act independently.
Key Rules
- Submission of Individual Offers
- Pool members can submit independent offers, but not if they are also participating in a competing pool offer for the same contract.
- Responsibility Determination
- When a pool member submits an independent offer, the contracting officer must consider the pool agreement and other relevant factors to determine if the member is a responsible contractor under FAR Subpart 9.1.
Responsibilities
- Contracting Officers: Must ensure that pool members do not submit both individual and pool offers for the same contract, and must evaluate the responsibility of individual pool members considering the pool agreement.
- Contractors (Pool Members): Must not participate in both an individual and a pool offer for the same contract, and should be prepared for their pool agreement to be reviewed as part of responsibility determination.
- Agencies: Should oversee compliance with these rules to maintain fair competition and proper contractor vetting.
Practical Implications
- This section prevents conflicts of interest and double participation in offers, ensuring integrity in the bidding process.
- Contractors must carefully manage their participation in pool and individual offers to avoid disqualification.
- Contracting officers must conduct thorough responsibility checks, considering the pool agreement's impact on the individual member's ability to perform.
(a) Pool members may submit individual offers, independent of the pool. However, the contracting officer shall not consider an independent offer by a pool member if that pool member participates in a competing offer submitted by the pool.
(b) If a pool member submits an individual offer, independent of the pool, the contracting officer shall consider the pool agreement, along with other factors, in determining whether that pool member is a responsible prospective contractor under subpart 9.1.