FAR 9.207—Changes in status regarding qualification requirements.
Plain-English Summary
FAR 9.207 explains what happens when a source or product that was previously qualified may no longer meet the government’s qualification requirements. It covers the contracting officer’s duty to promptly report potentially disqualifying conditions to the agency activity that established the qualification requirement, and it lists the kinds of events that can trigger review, such as nonconforming products or services, repeated rejection, failure to seek reevaluation after a plant move or ownership change, discontinuance of manufacture, a supplier’s request for removal, violation of qualification conditions, revised specifications, incorporated design or manufacturing changes, listing in SAM exclusions, and otherwise unsatisfactory contract performance. The section also addresses the agency’s authority to act without advance notice when the facts suggest the qualification status may have changed. In practice, this provision protects the integrity of QPLs, QMLs, and QBLs by ensuring that only sources and products that continue to meet the stated standards remain identified as qualified. It matters because qualification status can affect competition, eligibility for award, and continued reliance on a source’s approved status. The section also requires prompt notice and a specific explanation if a source or product is removed or no longer identified as meeting the qualification requirement.
Key Rules
Prompt reporting required
The contracting officer must promptly report to the agency activity that established the qualification requirement any condition that may justify removing a source or product from a QPL, QML, or QBL, or otherwise changing its qualified status. This is an active monitoring and referral duty, not a discretionary one.
Specific disqualifying conditions
The rule identifies ten examples of conditions that can trigger review, including nonconforming submissions, unresolved prior defects, failure to request reevaluation after plant changes, discontinuance of manufacture, voluntary removal requests, violation of qualification conditions, revised specifications, incorporated design or manufacturing changes, SAM exclusions, and unsatisfactory performance. These are examples, not an exhaustive list.
Agency may act without advance notice
After considering the listed conditions or other reasonably related facts, the agency may take appropriate action without first notifying the affected party. This allows the government to protect procurement integrity quickly when qualification status is in doubt.
Notice is required after removal
If a product or source is removed from a QPL, QML, or QBL, or will no longer be identified as meeting the qualification standards, the agency must promptly notify the affected parties. The notice must state the specific reasons the product or source no longer meets the qualification requirement.
Qualification status can change for many reasons
The section recognizes that qualification is not permanent. Changes in ownership, location, manufacturing, design, specifications, compliance behavior, or performance can all affect whether a source remains qualified.
Responsibilities
Contracting Officer
Monitor for conditions that may affect qualification status and promptly report them to the agency activity that established the qualification requirement. The contracting officer should also support any resulting action by ensuring the record reflects the basis for the concern and, when applicable, the removal or status change.
Agency activity that established the qualification requirement
Review reported conditions and determine whether the source or product should remain on the QPL, QML, or QBL or continue to be identified as meeting the qualification requirement. The agency may take appropriate action without advance notice and must promptly notify affected parties if removal or loss of qualified status occurs.
Affected source, supplier, or manufacturer
Continue to meet all qualification conditions, request reevaluation when required after changes in plant location or ownership, avoid violating qualification-related conditions such as prohibited advertising, and notify the government if it seeks removal from the list or if changes affect its qualified status.
Contract administration / program personnel
Provide information on performance issues, product changes, specification changes, or other facts that may indicate the source no longer meets qualification standards. These personnel often supply the underlying evidence that triggers review.
Practical Implications
Qualification status is dynamic, so contractors cannot assume that once qualified means always qualified; ownership changes, plant moves, design changes, or discontinued production can all jeopardize status.
Contracting officers should treat any credible sign of nonconformance or performance problems as a potential qualification issue and escalate it promptly rather than waiting for a formal protest or contract failure.
A common pitfall is failing to request reevaluation after a plant relocation or ownership change, which can lead to removal even if the product itself has not changed.
Another frequent issue is overlooking qualification-condition violations, such as prohibited publicity or advertising, which can independently justify removal from the list.
If a source is removed, the government must give specific reasons, so agencies should document the factual basis carefully to support the action and any follow-on procurement decisions.
Official Regulatory Text
(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- (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 listed in the System for Award Management Exclusions (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.