Overview
FAR Subpart 9.2 prescribes the policies and procedures for "qualification requirements," which are standards that a product or manufacturer must meet and demonstrate before the award of a contract. The subpart ensures that while the government can require pre-tested reliability for critical items, these requirements do not unnecessarily restrict competition or create unfair barriers for new or small business entities.
Key Rules
- Written Justification: Before establishing a qualification requirement, the agency head must prepare a written justification stating its necessity, estimating testing costs, and ensuring the requirements are the "least restrictive" possible to meet the agency's needs.
- The "Before Award" Exception: A contracting officer cannot deny an offeror the opportunity to submit a bid solely because they are not on a Qualified Products List (QPL) if the offeror can demonstrate they meet the standards before the date specified for contract award.
- 7-Year Revalidation: Qualification requirements must be examined and revalidated every seven years to ensure they are still necessary and accurate.
- Small Business Support: Agencies may bear the cost of testing and evaluation for small businesses if it is determined that additional qualified sources will likely result in cost savings that amortize the testing costs.
- Publicity and Transparency: Agencies must provide notice in the Governmentwide Point of Entry (GPE) of their intent to establish a qualification requirement and provide potential offerors with all requirements necessary to become qualified.
- Removal from Lists: Agencies can remove a source from a qualified list for reasons such as discontinued manufacturing, failure to meet specs in subsequent batches, change in plant location without notification, or debarment.
Responsibilities
- Head of the Agency (or Designee): Responsible for approving the written justification for the qualification requirement and granting waivers for specific evaluation requirements.
- Contracting Officer (CO):
- Ensures the clause at 52.209-1 is included in applicable solicitations.
- Determines if there is adequate competition among already-qualified sources.
- Reports conditions that may merit the removal of a source from a qualified list.
- Evaluates whether a non-listed offeror has met the standards prior to award.
- Activity Responsible for the Requirement:
- Prepares the justification and specifies testing standards.
- Arranges publicity and provides prompt feedback to unsuccessful applicants.
- Maintains and updates the QPL, QML, or QBL.
- Advocate for Competition: Reviews determinations that it is unreasonable to specify certain qualification standards.
Practical Implications
- Pre-Solicitation Proactivity: For contractors, this subpart highlights that "getting on the list" is a long-term strategy. Because testing happens independently of a specific acquisition, vendors cannot wait for a Request for Proposal (RFP) to begin the qualification process.
- Barriers to Entry vs. Reliability: In high-stakes sectors like aerospace (NASA) or defense (DoD), these rules balance the need for mission-critical reliability with the legal mandate for full and open competition.
- Small Business Opportunities: Small businesses should leverage Section 9.204(a)(2) to request that the government fund their testing costs, potentially removing a massive financial hurdle to entering a specialized market.
- Timeline Risks: While the CO is not required to delay an award to allow a vendor to qualify, they must allow "maximum time" consistent with delivery requirements. Vendors should use presolicitation notices to gauge how much time they have to prove their product's compliance.