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.

Parent topic: 9.206 Acquisitions subject to qualification requirements.