FAR 9.202—Policy.
Plain-English Summary
FAR 9.202 sets the policy for establishing, using, challenging, waiving, and periodically revalidating qualification requirements. It covers the written justification that must exist before an agency creates a qualification requirement, the information and testing opportunity that must be given to potential offerors, the rules for using third-party testing and evaluation services, and the requirement to promptly tell an offeror whether it qualified and why not if it did not. It also addresses limited waiver authority when the qualification standards are unreasonable, the right of an offeror to compete if it can show it meets the standards even if it is not yet listed on a QPL, QML, or QBL, the fact that SBA referral procedures are not mandatory for qualification disputes, and the ability to proceed with award without delaying for qualification demonstrations. Finally, it requires agencies to review and revalidate qualification requirements on a 7-year cycle, with special timing rules for DoD, NASA, and civilian agencies. In practice, this section is meant to prevent unnecessary barriers to competition while still allowing agencies to use qualification requirements when they are truly needed for safety, quality, performance, or mission assurance.
Key Rules
Written justification required
Before establishing a qualification requirement, the agency head or designee must prepare a written justification explaining why the requirement is necessary, why qualification must be shown before award, and what exact standards must be met. The standards must be the least restrictive needed to satisfy the agency’s purpose.
Offerors get qualification information
Upon request, potential offerors must be given the qualification requirements and a prompt opportunity to demonstrate their ability to meet them. The demonstration may use agency personnel and facilities, other-agency resources, or approved testing and evaluation methods, but the offeror generally bears the cost, subject to the small business exception referenced in FAR 9.204(a)(2).
Limits on testing contractors
If the agency uses contractors to provide testing and evaluation services, those contractors must not be expected to benefit from a shortage of qualified sources. They also must follow any technical data restrictions asserted by the offeror seeking qualification.
Prompt notice of qualification decision
The agency must promptly tell a potential offeror whether it has qualified. If the offeror does not qualify, the agency must promptly provide specific reasons so the offeror knows what must be corrected or improved.
Limited waiver authority
When justified, the procuring activity’s head may waive the information-and-demonstration requirements in paragraph (a)(1)(ii) through (a)(4) for up to two years after reviewing the matter through the competition advocate process. This waiver authority does not apply to qualification requirements in a QPL, QML, or QBL.
Qualified offerors may still compete
A contracting officer may not reject an offer solely because the offeror is not already listed on a QPL, QML, or QBL, or has not yet been identified as qualified, if the offeror can show it meets the standards or can meet them by the award date. This protects competition and prevents agencies from using lists as an absolute barrier when the underlying standards are satisfied.
SBA referral not mandatory for qualification disputes
The usual SBA referral procedures for small business matters are not required when the issue is a challenge to the validity of the qualification requirement itself or to the offeror’s compliance with that requirement.
No required award delay
The contracting officer does not have to delay award just to give a potential offeror time to demonstrate qualification. If approved by the agency head or designee, the procurement may proceed without waiting for the qualification process to finish.
Seven-year revalidation cycle
Qualification requirements must be reviewed and revalidated within seven years, with timing depending on whether the requirement is a QPL, QML, or QBL and whether the agency is DoD, NASA, or a civilian agency. Any time a waiver is in effect is excluded from the seven-year calculation.
Responsibilities
Agency Head or Designee
Before establishing a qualification requirement, prepare the written justification, ensure the standards are no more restrictive than necessary, and approve or delegate actions related to qualification policy. The agency head or designee also may approve proceeding with procurement without delay under paragraph (e).
Agency Activity Responsible for Establishing the Requirement
Develop the qualification requirement, document why it is needed, specify the standards, and submit determinations to the advocate for competition when a waiver may be justified. This activity must also support periodic review and revalidation.
Advocate for Competition
Review determinations that it is unreasonable to specify qualification standards and provide comments before a waiver decision is made.
Head of the Procuring Activity
Consider the advocate for competition’s comments and may waive certain qualification-process requirements for up to two years when justified, except for requirements in QPLs, QMLs, and QBLs.
Contracting Activity
Provide potential offerors, upon request, the qualification requirements and a prompt opportunity to demonstrate compliance using approved resources or methods. It must also promptly inform offerors whether they qualified and provide specific reasons if they did not.
Contracting Officer
Evaluate whether an offeror has shown it meets, or can meet by award, the qualification standards; avoid rejecting an offer solely because the offeror is not yet listed on a qualification list; decide whether award need not be delayed; and not treat SBA referral procedures as mandatory for qualification disputes.
Potential Offeror
Request the qualification requirements if needed, bear testing and evaluation costs unless a small business exception applies, demonstrate compliance using approved methods, and provide technical data restrictions when applicable.
Testing and Evaluation Contractors
Conduct qualification testing only if they are not expected to benefit from a lack of additional qualified sources and comply with any technical data restrictions asserted by the offeror.
Agency or Procuring Activity
Reexamine and revalidate qualification requirements on the required seven-year schedule and account for any waiver periods when calculating the deadline.
Practical Implications
Qualification requirements are allowed, but they must be justified and narrowly tailored; overly broad standards can be challenged and may be waived or later invalidated.
Contractors should not assume that not being on a QPL, QML, or QBL automatically disqualifies them if they can prove compliance or timely compliance by award.
Agencies must be ready to explain qualification standards in writing and to provide prompt, specific feedback to unsuccessful offerors; vague or delayed responses create protest and fairness risk.
Contracting officers should not let qualification issues unnecessarily stall an acquisition, but they also need a defensible record showing why award could proceed or why qualification was not required first.
The seven-year revalidation rule is easy to miss; agencies should track qualification dates and waiver periods carefully to avoid letting outdated requirements remain in place without review.
Official Regulatory Text
(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.