FAR 9.703—Contracting with individual pool members.
Plain-English Summary
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.
Key Rules
Independent offers allowed
A pool member may submit an offer on its own, separate from the pool. Pool membership does not by itself prevent the member from competing individually for the same requirement.
No dual consideration in competition
If the pool member is also participating in a competing offer submitted by the pool, the contracting officer must not consider the member’s independent offer. This prevents the same entity from competing twice in the same procurement through both the pool and an individual submission.
Pool agreement affects responsibility
When a pool member submits an individual offer, the contracting officer must consider the pool agreement, along with other relevant factors, in deciding whether the member is a responsible prospective contractor under FAR subpart 9.1. The agreement may bear on the firm’s ability to perform, commitments, and business structure.
Responsibility determination remains required
The section does not create a separate award standard; it ties the pool agreement into the existing responsibility analysis. The contracting officer still applies the normal responsibility criteria, but must account for the pool arrangement as part of that review.
Responsibilities
Pool Member / Contractor
May submit an individual offer independent of the pool, but must avoid participating in a competing pool offer if it wants its individual offer considered. The member should understand that its pool agreement may be reviewed in any responsibility determination.
Contracting Officer
Must reject consideration of an individual offer from a pool member when that member is also participating in a competing pool submission. If the member bids individually, the contracting officer must evaluate the pool agreement, together with other relevant information, when determining responsibility under FAR subpart 9.1.
Pool / Pool Administrator or Lead Entity, if applicable
Should manage pool participation rules and ensure members understand whether they may bid individually, how competing submissions are handled, and what commitments the pool agreement creates that may affect responsibility.
Agency
Must ensure procurement procedures and pool arrangements are administered consistently with FAR 9.703 so that competition is fair and responsibility determinations are properly documented.
Practical Implications
A pool member can still compete on its own, but it cannot have both its individual offer and its participation in a competing pool offer considered for the same procurement.
Contracting officers need to check whether a pool member is also part of the pool’s competing submission before evaluating the individual offer.
The pool agreement may raise responsibility questions, so contractors should expect scrutiny of exclusivity, resource commitments, teaming obligations, or other terms that could affect performance.
A common pitfall is assuming pool membership automatically disqualifies independent bidding; it does not, but it can limit how the offer is evaluated.
Another pitfall is failing to document the responsibility analysis when the pool agreement is relevant to the contractor’s capability or commitment to perform.
Official Regulatory Text
(a) Pool members may submit individual offers, independent of the pool. However, the contracting officer shall not consider an independent offer by a pool member if that pool member participates in a competing offer submitted by the pool. (b) If a pool member submits an individual offer, independent of the pool, the contracting officer shall consider the pool agreement, along with other factors, in determining whether that pool member is a responsible prospective contractor under subpart 9.1 .