Subpart 9.2 - Qualifications Requirements

Parent topic: Part 9 - Contractor Qualifications

9.200 Scope of subpart.

This subpart implements 10 U.S.C. 3243 and 41 U.S.C.3311 and prescribes policies and procedures

regarding qualification requirements and the acquisitions that are subject to such requirements.

9.201 Definitions.

As used in this subpartQualified bidders list (QBL) means a list of bidders who have had their products examined and tested

and who have satisfied all applicable qualification requirements for that product or have otherwise

satisfied all applicable qualification requirements.

Qualified manufacturers list (QML) means a list of manufacturers who have had their products

examined and tested and who have satisfied all applicable qualification requirements for that

product.

9.202 Policy.

(a)

(1) The head of the agency or designee shall, before establishing a qualification requirement,

prepare a written justification-

(i) Stating the necessity for establishing the qualification requirement and specifying why the

qualification requirement must be demonstrated before contract award;

(ii) Estimating the likely costs for testing and evaluation which will be incurred by the potential

offeror to become qualified; and

(iii) Specifying all requirements that a potential offeror (or its product) must satisfy in order to

become qualified. Only those requirements which are the least restrictive to meet the purposes

necessitating the establishment of the qualification requirements shall be specified.

(2) Upon request to the contracting activity, potential offerors shall be provided-

(i) All requirements that they or their products must satisfy to become qualified; and

(ii) At their expense (but see 9.204(a)(2) with regard to small businesses), a prompt opportunity to

demonstrate their abilities to meet the standards specified for qualification using qualified personnel

and facilities of the agency concerned, or of another agency obtained through interagency

agreements or under contract, or other methods approved by the agency (including use of approved
testing and evaluation services not provided under contract to the agency).

(3) If the services in paragraph (a)(2)(ii) of this section are provided by contract, the contractors

selected to provide testing and evaluation services shall be-

(i) Those that are not expected to benefit from an absence of additional qualified sources; and

(ii) Required by their contracts to adhere to any restriction on technical data asserted by the

potential offeror seeking qualification.

(4) A potential offeror seeking qualification shall be promptly informed as to whether qualification is

attained and, in the event it is not, promptly furnished specific reasons why qualification was not

attained.

(b) When justified under the circumstances, the agency activity responsible for establishing a

qualification requirement shall submit to the advocate for competition for the procuring activity

responsible for purchasing the item subject to the qualification requirement, a determination that it

is unreasonable to specify the standards for qualification which a prospective offeror (or its product)

must satisfy. After considering any comments of the advocate for competition reviewing the

determination, the head of the procuring activity may waive the requirements of paragraph (a)(1)(ii)

through (a)(4) of this section for up to 2 years with respect to the item subject to the qualification

requirement. A copy of the waiver shall be furnished to the head of the agency or other official

responsible for actions under paragraph (a)(1) of this section. The waiver authority provided in this

paragraph does not apply with respect to qualification requirements contained in a QPL, QML, or

QBL.

(c) If a potential offeror can demonstrate to the satisfaction of the contracting officer that the

potential offeror (or its product) meets the standards established for qualification or can meet them

before the date specified for award of the contract, a potential offeror may not be denied the

opportunity to submit and have considered an offer for a contract solely because the potential

offeror-

(1) Is not on a QPL, QML, or QBL maintained by the Department of Defense (DoD) or the National

Aeronautics and Space Administration (NASA); or

(2) Has not been identified as meeting a qualification requirement established after October

19,1984, by DoD or NASA; or

(3) Has not been identified as meeting a qualification requirement established by a civilian agency

(not including NASA).

(d) The procedures in subpart 19.6 for referring matters to the Small Business Administration are

not mandatory on the contracting officer when the basis for a referral would involve a challenge by

the offeror to either the validity of the qualification requirement or the offeror’s compliance with

such requirement.

(e) The contracting officer need not delay a proposed award in order to provide a potential offeror

with an opportunity to demonstrate its ability to meet the standards specified for qualification. In

addition, when approved by the head of an agency or designee, a procurement need not be delayed

in order to comply with paragraph (a) of this section.

(f) Within 7 years following enforcement of a QPL, QML, or QBL by DoD or NASA, or within 7 years

after any qualification requirement was originally established by a civilian agency other than NASA,
the qualification requirement shall be examined and revalidated in accordance with the

requirements of paragraph (a) of this section. For DoD and NASA, qualification requirements other

than QPL’s, QML’s and QBL’s shall be examined and revalidated within 7 years after establishment

of the requirement under paragraph (a) of this section. Any periods for which a waiver under

paragraph (b) of this section is in effect shall be excluded in computing the 7 years within which

review and revalidation must occur.

9.203 QPL’s, QML’s, and QBL’s.

(a) Qualification and listing in a QPL, QML, or QBL is the process by which products are obtained

from manufacturers or distributors, examined and tested for compliance with specification

requirements, or manufacturers or potential offerors, are provided an opportunity to demonstrate

their abilities to meet the standards specified for qualification. The names of successful products,

manufacturers, or potential offerors are included on lists evidencing their status. Generally,

qualification is performed in advance and independently of any specific acquisition action. After

qualification, the products, manufacturers, or potential offerors are included in a Federal or Military

QPL, QML, or QBL. (See 9.202(a)(2) with regard to any product, manufacturer, or potential offeror

not yet included on an applicable list.)

(b) Specifications requiring a qualified product are included-

(1) In the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions; and

(2) On the Department of Defense Acquisition Streamlining and Standardization Information System

(ASSIST) website at https://assist.dla.mil.

(c) Instructions concerning qualification procedures are included in the following publications:

(1) Federal Standardization Manual, FSPM-0001.

(2) Department of Defense Manual 4120.24, Defense Standardization Program (DSP) Procedures, (

www.esd.whs.mil/Directives/Issuances/dodm ) as amended by Military Standards 961 and 962 (

https://assist.dla.mil ).

(d) The publications in paragraphs (b)(1) and (c)(1) of this section may be obtained from the address

in 11.201(d)(1).

9.204 Responsibilities for establishment of a qualification

requirement.

The responsibilities of agency activities that establish qualification requirements include the

following:

(a) Arranging publicity for the qualification requirements. If active competition on anticipated future

qualification requirements is likely to be fewer than two manufacturers or the products of two

manufacturers, the activity responsible for establishment of the qualification requirements must-

(1) Periodically furnish through the Governmentwide point of entry (GPE) a notice seeking additional
sources or products for qualification unless the contracting officer determines that such publication

would compromise the national security.

(2) Bear the cost of conducting the specified testing and evaluation (excluding the costs associated

with producing the item or establishing the production, quality control, or other system to be tested

and evaluated) for a small business concern or a product manufactured by a small business concern

which has met the standards specified for qualification and which could reasonably be expected to

compete for a contract for that requirement. However, such costs may be borne only if it is

determined in accordance with agency procedures that such additional qualified sources or products

are likely to result in cost savings from increased competition for future requirements sufficient to

amortize the costs incurred by the agency within a reasonable period of time, considering the

duration and dollar value of anticipated future requirements. A prospective contractor requesting

the United States to bear testing and evaluation costs must certify as to its status as a small business

concern under Section 3 of the Small Business Act in order to receive further consideration.

(b) Qualifying products that meet specification requirements.

(c) Listing manufacturers and suppliers whose products are qualified in accordance with agency

procedures.

(d) Furnishing QPL’s, QML’s, or QBL’s or the qualification requirements themselves to prospective

offerors and the public upon request (see 9.202(a)(2)(i)).

(e) Clarifying, as necessary, qualification requirements.

(f) In appropriate cases, when requested by the contracting officer, providing concurrence in a

decision not to enforce a qualification requirement for a solicitation.

(g) Withdrawing or omitting qualification of a listed product, manufacturer or offeror, as necessary.

(h) Advising persons furnished any list of products, manufacturers or offerors meeting a qualification

requirement and suppliers whose products are on any such list that-

(1) The list does not constitute endorsement of the product, manufacturer, or other source by the

Government;

(2) The products or sources listed have been qualified under the latest applicable specification;

(3) The list may be amended without notice;

(4) The listing of a product or source does not release the supplier from compliance with the

specification; and

(5) Use of the list for advertising or publicity is permitted. However, it must not be stated or implied

that a particular product or source is the only product or source of that type qualified, or that the

Government in any way recommends or endorses the products or the sources listed.

(i) Reexamining a qualified product or manufacturer when-

(1) The manufacturer has modified its product, or changed the material or the processing sufficiently

so that the validity of previous qualification is questionable;

(2) The requirements in the specification have been amended or revised sufficiently to affect the
character of the product; or

(3) It is otherwise necessary to determine that the quality of the product is maintained in

conformance with the specification.

9.205 Opportunity for qualification before award.

(a) If an agency determines that a qualification requirement is necessary, the agency activity

responsible for establishing the requirement must urge manufacturers and other potential sources

to demonstrate their ability to meet the standards specified for qualification and, when possible, give

sufficient time to arrange for qualification before award. The responsible agency activity must,

before establishing any qualification requirement, furnish notice through the GPE. The notice must

include-

(1) Intent to establish a qualification requirement;

(2) The specification number and name of the product;

(3) The name and address of the activity to which a request for the information and opportunity

described in 9.202(a)(2) should be submitted;

(4) The anticipated date that the agency will begin awarding contracts subject to the qualification

requirement;

(5) A precautionary notice that when a product is submitted for qualification testing, the applicant

must furnish any specific information that may be requested of the manufacturer before testing will

begin; and

(6) The approximate time period following submission of a product for qualification testing within

which the applicant will be notified whether the product passed or failed the qualification testing

(see 9.202(a)(4)).

(b) The activity responsible for establishing a qualification requirement must keep any list

maintained of those already qualified open for inclusion of additional products, manufacturers, or

other potential sources.

9.206 Acquisitions subject to qualification requirements.

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 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
(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 ensure 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.

9.206-2 Contract clause.

The contracting officer shall insert the clause at 52.209-1, Qualification Requirements, in

solicitations and contracts when the acquisition is subject to a qualification requirement.
9.206-3 Competition.

(a) Presolicitation. If a qualification requirement applies to an acquisition, the contracting officer

shall review the applicable QPL, QML, or QBL or other identification of those sources which have

met the requirement before issuing a solicitation to ascertain whether the number of sources is

adequate for competition. (See 9.204(a) for duties of the agency activity responsible for

establishment of the qualification requirement.) If the number of sources is inadequate, the

contracting officer shall request the agency activity which established the requirement to-

(1) Indicate the anticipated date on which any sources presently undergoing evaluation will have

demonstrated their abilities to meet the qualification requirement so that the solicitation could be

rescheduled to allow as many additional sources as possible to qualify; or

(2) Indicate whether a means other than the qualification requirement is feasible for testing or

demonstrating quality assurance.

(b) Post solicitation. The contracting officer shall submit to the agency activity which established the

qualification requirement the names and addresses of concerns which expressed interest in the

acquisition but are not included on the applicable QPL, QML, or QBL or identified as meeting the

qualification requirement. The activity will then assist interested concerns in meeting the standards

specified for qualification (see 9.202(a)(2) and (4)).

9.207 Changes in status regarding qualification

requirements.

(a) The contracting officer shall promptly report to the agency activity which established the

qualification requirement any conditions which may merit removal or omission from a QPL, QML, or

QBL or affect whether a source should continue to be otherwise identified as meeting the

requirement. These conditions exist when-

(1) Products or services are submitted for inspection or acceptance that do not meet the

qualification requirement;

(2) Products or services were previously rejected and the defects were not corrected when

submitted for inspection or acceptance;

(3) A supplier fails to request reevaluation following change of location or ownership of the plant

where the product which met the qualification requirement was manufactured (see the clause at

52.209-1, Qualification Requirements);

(4) A manufacturer of a product which met the qualification requirement has discontinued

manufacture of the product;

(5) A source requests removal from a QPL, QML, or QBL;

(6) A condition of meeting the qualification requirement was violated; e.g., advertising or publicity

contrary to 9.204(h)(5);

(7) A revised specification imposes a new qualification requirement;
(8) Manufacturing or design changes have been incorporated in the qualification requirement;

(9) The source is listed in the System for Award Management Exclusions (see subpart 9.4); or

(10) Performance of a contract subject to a qualification requirement is otherwise unsatisfactory.

(b) After considering any of the above or other conditions reasonably related to whether a product or

source continues to meet the standards specified for qualification, an agency may take appropriate

action without advance notification. The agency shall, however, promptly notify the affected parties

if a product or source is removed from a QPL, QML, or QBL, or will no longer be identified as

meeting the standards specified for qualification. This notice shall contain specific information why

the product or source no longer meets the qualification requirement.