FAR Subpart 9.2

SUBPART 9.2—QUALIFICATIONS REQUIREMENTS

Subpart 9.2—Qualifications Requirements
9.200 Scope of subpart.
This
subpart
implements
10 U.S.C. 2319
and
41 U.S.C.253c and prescribes policies and procedures regarding qualification requirements and the acquisitions that are
subject to such requirements.
9.201 Definitions.
As used in this subpart—
“Qualified 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 (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

9.202
(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 competition advocate 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 competition advocate
reviewing the determination, the head of the procuring activity may waive the requirements of 9.202(a)(1)(ii) through (4)
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 9.202(a)(1). 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 9.202(a).
(f) Within 7 years following enforcement of a QPL, QML,
or QBL by DoD or NASA, or within 7 years after any quali(FAC 2005–07)

9.2-1

FAC 2005–07 JANUARY 3, 2006
9.203
fication 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 9.202(a). 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 9.202(a). Any periods for which a waiver
under 9.202(b) 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 in the following publications:
(1) GSA Index of Federal Specifications, Standards and
Commercial Item Descriptions, FPMR 101-29.1.
(2) Department of Defense Acquisition Streamlining
and Standardization Information System (ASSIST) at (http://
assist.daps.dla.mil).
(c) Instructions concerning qualification procedures are
included in the following publications:
(1) Federal Standardization Manual, FSPM-0001.
(2) Defense Standardization Manual 4120.24-M,
Appendix 2, as amended by Military Standards 961 and 962.
(d) The publications listed in paragraphs (b) and (c) of this
section are sold to the public. The publications in
paragraphs (b)(1) and (c)(1) of this section may be obtained
from the addressee in 11.201(d)(1). The publications in
paragraphs (b)(2) and (c)(2) of this section may be obtained
from the addressee in 11.201(d)(2).
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—
9.2-2

FEDERAL ACQUISITION REGULATION
(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—

SUBPART 9.2—QUALIFICATIONS REQUIREMENTS
(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

9.206-2
(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.
9.2-3

9.206-3
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—

9.2-4

FEDERAL ACQUISITION REGULATION
(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 on the Excluded Parties List System
(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.