FAR 9.206-2—Contract clause.
Plain-English Summary
FAR 9.206-2 is a narrow but important implementation rule for qualification requirements. It tells contracting officers when they must include the solicitation and contract clause at 52.209-1, Qualification Requirements, namely whenever the acquisition is subject to a qualification requirement. In practice, this section connects the broader policy on qualification requirements in FAR Part 9 with the actual contract language that gives the requirement legal effect in the solicitation and resulting contract. Its purpose is to ensure offerors are on notice that they must meet the applicable qualification standard, and to make the requirement enforceable during competition and performance. For contractors, it signals that eligibility may depend on prior approval, testing, certification, or other qualification criteria before award or performance. For contracting officers, it is a mandatory clause-insertion rule that helps prevent defective solicitations and disputes over whether qualification requirements were properly imposed.
Key Rules
Insert the required clause
The contracting officer must include FAR 52.209-1, Qualification Requirements, in both the solicitation and the contract. This is not discretionary when the acquisition is subject to a qualification requirement.
Applies only when qualification is required
The clause is required only if the acquisition is subject to a qualification requirement. If no qualification requirement applies, this section does not require insertion of the clause.
Use in both solicitation and award
The rule requires the clause to appear in the solicitation and the contract, ensuring offerors are informed before award and that the requirement continues to apply after award if relevant.
Supports enforceability of qualification standards
Including the clause gives formal notice of the qualification requirement and helps make the requirement enforceable in evaluating offers and administering the contract.
Responsibilities
Contracting Officer
Determine whether the acquisition is subject to a qualification requirement and, if so, insert FAR 52.209-1 in the solicitation and contract.
Contractor/Offeror
Review the solicitation for any qualification requirement and ensure it can meet the stated qualification standard before submitting an offer or performing under the contract.
Agency
Ensure acquisition planning and solicitation preparation identify qualification requirements early so the required clause is included consistently and correctly.
Practical Implications
This section is a clause-insertion checkpoint: if a qualification requirement applies and the clause is omitted, the solicitation or contract may be defective.
Contractors should look for the clause early because qualification requirements can affect eligibility, proposal preparation, testing, certifications, or approved-source status.
Contracting officers should confirm the underlying qualification requirement exists before inserting the clause; the clause is not a substitute for identifying the actual qualification standard.
A common pitfall is treating qualification requirements as ordinary responsibility or technical evaluation issues when they actually require specific clause coverage and notice.
Because the clause must appear in both the solicitation and contract, teams should verify consistency across documents to avoid protest risk, ambiguity, or post-award disputes.
Official Regulatory Text
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.