FAR Companion Part 9

Part 9 - Contractor Qualifications

FC9.000 FC 9.000 Contractor team arrangements.

A contractor team arrangement involves two or more companies forming a partnership or joint venture as a potential prime contractor, or a prime contractor agreeing with other companies to act as subcontractors for a specific government contract. These arrangements are beneficial for complementing capabilities and offering the best combination of performance, cost, and delivery. They are particularly suited for complex R&D but can be used in other acquisitions. Teams typically form before an offer, but can do so later, even after contract award. The government recognizes these arrangements if disclosed in an offer or before they become effective and generally won't require their dissolution. However, this doesn't authorize antitrust violations or limit the government's rights regarding subcontract consent, prime contractor Federal Acquisition Regulation (FAR) Companion responsibility, data rights, competitive contracting, or holding the prime contractor fully responsible for performance.

FC9.000-70 FC 9.000-70 Defense production pools and research and development pools.

These are groups of concerns that collaborate to secure and fulfill defense production or R&D contracts. They should have an approved agreement governing their organization and procedures, validated by either the Small Business Administration (SBA) or a designated official under Executive Order 10480 and the Defense Production Act of 1950. A pool is generally treated like any other contractor. Offers are submitted in the pool's name or by a member on its behalf. Contracting officers verify the pool's approved status with the SBA or other approving agency. SBA-approved pools receive small business preferences and privileges accorded to small business concerns; Defense Production Act approval does not. For unincorporated pools, each participating member will be required to provide a power of attorney for the authorized signatory. Pool members can submit independent offers, but not if they are also participating in a competing pool offer. When a pool member submits an individual offer, the contracting officer will consider the pool agreement, among other factors, to determine their responsibility as a prospective contractor.

FC9.103 FC 9.103 Total cost consideration.

The award of a contract to a supplier based on lowest evaluated price alone can be misleading if there is subsequent default, late deliveries, or other unsatisfactory performance resulting in additional contractual or administrative costs. While government purchases must be made at fair and reasonable prices, this does not require an award to a supplier solely because that supplier submits the lowest priced offer. Remember to stipulate evaluation criteria in the solicitation that will lead to best value awards.

FC9.104-1 FC 9.104-1 Special standards.

With the assistance of appropriate specialists, the contracting office may develop special standards of responsibility when it is necessary for a particular acquisition or class of acquisitions. Special standards may be particularly desirable when experience has demonstrated that unusual expertise or specialized facilities are needed for adequate contract performance. The special standards should be set forth in the solicitation; however, one must be Federal Acquisition Regulation (FAR) Companion careful not to set overly restrictive standards that only one contractor can deliver without the proper justification.

FC9.105-1 FC 9.105-1 Preaward surveys. Preaward surveys should only be undertaken when necessary—specifically necessary, specifically when contracting

officers don't have enough information available through normal channels to determine if a potential contractor is responsible and capable of performing the work. These surveys are not encouraged as a routine practice but rather reserved for situations where commercial sources or other readily available information don't provide sufficient insight into the contractor's abilities. For simpler contracts—those contracts(those with fixed prices at or below the simplified acquisition threshold or involving commercial products and services—surveys services) surveys should be avoided unless exceptional circumstances justify the additional cost and time involved. Federal Acquisition Regulation (FAR) Companion When a preaward survey is found to be necessary, the contracting officer may request the survey using Standard Form 1403 (Preaward Survey of Prospective Contractor (General)). This request includes the complete solicitation package, any relevant performance history, and the specific factors that need investigation. The survey team then conducts a comprehensive evaluation covering technical capabilities, production capacity, quality assurance processes, financial stability, and accounting systems using the appropriate standard forms (SF 1404 through SF 1408). If the survey reveals past performance issues, the team documents what corrective actions the contractor has taken or plans to implement. In some cases where sufficient positive information already exists, a shortened survey format using only SF 1403 may be appropriate to streamline the process while still ensuring contractor capability. For AbilityOne participating nonprofit agencies, the process works slightly differently. When the Committee for Purchase From People Who Are Blind or Severely Disabled requests assistance in assessing a nonprofit agency's capabilities, contracting offices use SF 1403 to conduct the capability survey and then provide a copy of the completed survey to the Committee's Executive Director. The contracting office may also determine that the AbilityOne nonprofit agency is capable without conducting a full survey, provided they can support this determination with appropriate rationale.

FC9.201 FC 9.201 Qualified bidders list.

For recurring procurements of commercial products and services, particularly those under the Federal Supply Schedule or utilizing the simplified request for quotation process procedures (FAR part 12), 12.201-1), consider employing the Qualified Bidders List (QBL) concept. This is especially useful for addressing agency-specific non-functional requirements, such as security, legal, and IT considerations. For instance, if an agency has recurring needs for software products, managing objectionable product-specific End User License Agreements (EULAs), Terms of Service (TOS), or similar legal instruments can be time-consuming for each individual procurement. This effort can be streamlined by proactively establishing and maintaining a QBL with willing industry partners. Unlike Blanket Purchase Agreements (BPAs), QBLs do not require upfront consideration of price or competition for their establishment. Federal Acquisition Regulation (FAR) Companion