Overview
This section prescribes the policies and procedures for acquisitions that require products or sources to be qualified (via QPL, QML, or QBL) before contract award. It ensures that while agencies can maintain strict quality standards, they must also provide opportunities for new sources to qualify and maintain competitive procurement environments.
Key Rules
- Enforceability: Agencies generally cannot enforce qualification requirements unless they comply with the justification and publicity requirements of FAR 9.202(a), with specific exceptions for requirements established by statute or administrative action prior to October 1984.
- Offeror Eligibility: While Contracting Officers (COs) primarily consider qualified sources, they must consider offers from non-qualified sources if the offeror can demonstrate it meets the qualification standards before the date specified for award.
- Presolicitation Requirements: COs should use presolicitation notices to identify qualification requirements and establish allowable time periods for prospective offerors to meet those standards.
- Mandatory Clause: The CO must insert FAR clause 52.209-1, Qualification Requirements, in all solicitations and contracts subject to these requirements.
- Competition Review: Before issuing a solicitation, the CO must determine if there are enough qualified sources to ensure competition; if not, they must coordinate with technical activities to find alternative quality assurance methods or delay the procurement to allow more sources to qualify.
- Support for New Sources: The CO is required to forward the names of interested, non-qualified concerns to the technical activity responsible for the requirement to assist them in the qualification process.
Practical Implications
- Vendor Access: This section prevents "closed-shop" environments by forcing the government to allow non-qualified vendors a chance to prove their capabilities during the solicitation process.
- Administrative Burden: Contracting Officers must proactively manage timelines and coordinate heavily with technical departments to ensure that qualification requirements do not inadvertently stifle competition or violate transparency rules.