Overview
FAR 9.205 mandates that federal agencies proactively notify potential contractors of qualification requirements and provide them with a fair opportunity to demonstrate compliance and achieve qualified status before a contract is awarded.
Key Rules
- Mandatory Notification: Before establishing a qualification requirement, agencies must furnish a notice through the Governmentwide Point of Entry (GPE) that includes the intent to establish the requirement and specific product details.
- Sufficient Lead Time: Agencies are required to urge manufacturers to qualify and, when possible, provide enough time for them to complete the qualification process prior to the award of a contract.
- Notice Specifics: The public notice must include the specification name/number, the contact activity for information, anticipated award dates, and the estimated time period for pass/fail notification.
- Continuous Access: Agencies must keep any list of qualified products or manufacturers (such as a QPL) open for the addition of new sources, products, or manufacturers.
- Precautionary Requirements: Applicants must be warned that they are required to furnish specific manufacturer information upon request before testing can commence.
Practical Implications
- This section prevents agencies from creating "closed clubs" by ensuring that qualified lists remain dynamic and accessible to new market entrants.
- For contractors, this provides a transparent mechanism to challenge or join a restricted market by monitoring the GPE for qualification notices and understanding the specific timelines and contact points for testing.