Overview
FAR 9.702 establishes the administrative and legal requirements for government agencies to engage with business pools, treating them as standard contractors while enforcing specific verification and authorization protocols.
Key Rules
- General Treatment: Pools are treated the same as any other prospective or actual contractor unless otherwise specified in the subpart.
- Offer Submission: To be eligible for award, the offer must be submitted in the pool’s name or by a member explicitly stating the offer is on behalf of the pool.
- Status Verification: The contracting officer (CO) must verify the pool's approved status with the SBA District Office or the relevant approving agency and document this verification in the contract file.
- Preferential Status: Only pools approved under the Small Business Act qualify for small business preferences; approval under the Defense Production Act does not grant these privileges.
- Unincorporated Pool Requirements: For unincorporated pools, every participating member must provide a certified power of attorney identifying the agent authorized to sign the contract on their behalf.
Practical Implications
- Contracting officers must perform specific due diligence beyond standard responsibility determinations, particularly regarding the verification of SBA status and the legal authority of signing agents.
- Organizations forming pools must ensure their legal documentation (such as powers of attorney) is current and certified to avoid disqualification during the award process.