[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR9.206-1]



[Page 155-156]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 9_CONTRACTOR QUALIFICATIONS--Table of Contents

 

                 Subpart 9.2_Qualifications Requirements

 

Sec. 9.206-1  General.



    (a) Agencies may not enforce any QPL, QML, or QBL without first 

complying with the requirements of 9.202(a). However, qualification 

requirements themselves, whether or not previously embodied in a QPL, 

QML, or QBL, may be enforced without regard to 9.202(a) if they are in 

either of the following categories:

    (1) Any qualification requirement established by statute prior to 

October 30, 1984, for civilian agencies (not including NASA); or



[[Page 156]]



    (2) Any qualification requirement established by statute or 

administrative action prior to October 19, 1984, for DOD or NASA. 

Qualification requirements established after the above dates must comply 

with 9.202(a) to be enforceable.

    (b) Except when the agency head or designee determines that an 

emergency exists, whenever an agency elects, whether before or after 

award, not to enforce a qualification requirement which it established, 

the requirement may not thereafter be enforced unless the agency 

complies with 9.202(a).

    (c) If a qualification requirement applies, the contracting officer 

need consider only those offers identified as meeting the requirement or 

included on the applicable QPL, QML, or QBL, unless an offeror can 

satisfactorily demonstrate to the contracting officer that it or its 

product or its subcontractor or its product can meet the standards 

established for qualification before the date specified for award.

    (d) If a product subject to a qualification requirement is to be 

acquired as a component of an end item, the contracting officer must 

assure that all such components and their qualification requirements are 

properly identified in the solicitation since the product or source must 

meet the standards specified for qualification before award.

    (e) In acquisitions subject to qualification requirements, the 

contracting officer shall take the following steps:

    (1) Use presolicitation notices in appropriate cases to advise 

potential suppliers before issuing solicitations involving qualification 

requirements. The notices shall identify the specification containing 

the qualification requirement and establish an allowable time period, 

consistent with delivery requirements, for prospective offerors to 

demonstrate their abilities to meet the standards specified for 

qualification. The notice shall be publicized in accordance with 5.204. 

Whether or not a presolicitation notice is used, the general synopsizing 

requirements of subpart 5.2 apply.

    (2) Distribute solicitations to prospective contractors whether or 

not they have been identified as meeting applicable qualification 

requirements.

    (3) When appropriate, request in accordance with agency procedures 

that a qualification requirement not be enforced in a particular 

acquisition and, if granted, so specify in the solicitation (see 9.206-

1(b)).

    (4) Forward requests from potential suppliers for information on a 

qualification requirement to the agency activity responsible for 

establishing the requirement.

    (5) Allow the maximum time, consistent with delivery requirements, 

between issuing the solicitation and the contract award. As a minimum, 

contracting officers shall comply with the time frames specified in 

5.203 when applicable.



[50 FR 35476, Aug. 30, 1985, as amended at 53 FR 34227, Sept. 2, 1988]