FAR 9.7—Subpart 9.7

Definition.

FAR 9.701 defines the term "pool" for use in Subpart 9.7, which deals with defense production and research and development contracting arrangements. The definition covers three core topics: who may be part of a pool, what kind of joint arrangement they must have, and what kind of approval the arrangement must receive. In practice, a pool is not just any informal teaming relationship; it is a formally organized group of concerns that join together to pursue and perform defense production or R&D contracts. The section matters because it establishes the threshold meaning of the term used throughout the subpart, which affects whether an arrangement qualifies for the special treatment or oversight rules tied to approved pools. It also points readers to related authorities in the Small Business Act, SBA regulations, Executive Order 10480, and the Defense Production Act, showing that pool status depends on external approval, not merely the parties’ own agreement. For contractors and contracting officers, this definition is important because it determines when a joint arrangement is within the scope of the subpart and when special approval and compliance considerations apply.

Contracting with pools.

FAR 9.702 explains how contracting officers must handle offers and awards involving a "pool"—that is, a group of firms acting together as a single prospective or actual contractor. This section covers five main topics: the general rule that a pool is treated like any other contractor unless a specific exception applies; the requirement that the offer be submitted in the pool’s own name or by a member expressly acting for the pool; the duty to verify the pool’s approved status with the SBA District Office Director or other approving agency and document that verification in the contract file; the rule that SBA-approved pools receive the small business preferences and privileges under the Small Business Act, while Defense Production Act approval does not create those benefits; and the special documentation required before awarding to an unincorporated pool, including certified powers of attorney from each participating member and filing those documents with the contract. In practice, this section is meant to prevent unauthorized awards, confirm that a pool is properly approved, and ensure the Government has clear evidence of who can bind the pool and its members. It is especially important in set-aside and small business contexts, where eligibility and authority issues can affect award validity and protest risk.

Contracting with individual pool members.

FAR 9.703 addresses how contracting officers may deal with a member of a pool when that same member also wants to compete on its own. It covers two related topics: the right of a pool member to submit an individual offer, the prohibition on considering that individual offer when the member is also part of a competing pool offer, and the responsibility of the contracting officer to evaluate the pool agreement as part of the responsibility determination under FAR subpart 9.1 when the member bids independently. In practice, this section is meant to prevent unfair double participation in the same procurement, avoid conflicts between pool and individual competition, and ensure the Government assesses whether the offeror is a responsible prospective contractor. It matters because pool membership does not automatically bar independent bidding, but it does create limits and evaluation consequences that contracting officers and contractors must manage carefully.