FAR Part 9

Question 1

FAR Part 9

Answer 1

Contractor Qualifications

Purpose: Ensures only responsible, qualified contractors are awarded contracts (FAR 9.000).

Question 2

FAR Part 9: Contractor Qualifications

Subpart 9.1 - Responsible Prospective Contractors

Answer 2

Purpose: Outlines the standards for determining contractor responsibility (FAR 9.104).

Key Criteria:
Adequate financial resources (FAR 9.104-1(a)).

Ability to comply with performance schedules (FAR 9.104-1(b)).
Satisfactory performance record (FAR 9.104-1(c)).

Integrity and business ethics (FAR 9.104-1(d)).

Necessary organization, experience, and technical skills (FAR 9.104-1(e)).

Compliance with public policy (FAR 9.104-1(f)).

Necessary equipment and facilities (FAR 9.104-1(g)).

Question 3

FAR Part 9: Contractor Qualifications

Subpart 9.2 - Qualification Requirements

Answer 3

Purpose: Establishes the procedures for imposing and verifying qualification requirements (FAR 9.202).

Key Points:
Agencies must justify the need for qualification requirements (FAR 9.202(a)).

Qualification requirements must be based on performance-related factors (FAR 9.202(b)).

Contractors must be given a fair opportunity to demonstrate their qualifications (FAR 9.202(c)).

Maintaining updated and transparent qualification lists (FAR 9.202(d)).

Question 4

FAR Part 9 Contractor Qualifications
Instructor Dialogue

Answer 4

“FAR Part 9 focuses on ensuring that only responsible and qualified contractors are awarded government contracts.

This part helps mitigate risks by setting stringent qualifications and standards for contractors.

It includes sections on responsible contractors, qualification requirements, and conflict of interest policies.

By adhering to these guidelines, agencies can minimize the risk of contractor failure and ensure the successful completion of projects.”

Question 5

FAR Part 9: Contractor Qualifications

FAR Subpart 9.1 Responsible Prospective Contractors
Instructor Dialogue:

Answer 5

“Subpart 9.1 sets the standards for determining the responsibility of prospective contractors.

These standards include financial stability, the ability to meet performance schedules, a satisfactory performance record, and integrity.

Ensuring that contractors meet these criteria is crucial for mitigating risks associated with contract performance and ensuring project success.”

Question 6

FAR Part 9: Contractor Qualifications

FAR Subpart 9.2 Qualification Requirements

Instructor Dialogue:

Answer 6

Subpart 9.2 outlines the procedures for establishing and verifying qualification requirements.

Agencies must justify the need for these requirements and ensure they are based on performance-related factors.

By maintaining updated and transparent qualification lists, agencies can ensure that only capable contractors are considered, reducing the risk of project delays or failures

Question 7

FAR Part 9: Contractor Qualifications

Subpart 9.3 - First Article Testing and Approval

Purpose: Ensures that the first article produced meets contract specifications (FAR 9.302).

Key Steps:

Answer 7

Contractor submits first article for testing (FAR 9.302(a)).

Government evaluates the first article to verify compliance (FAR 9.302(b)).

Approval or rejection of the first article based on test results (FAR 9.302(c)).

Use of approved first article as a benchmark for production (FAR 9.302(d)).

Question 8

FAR Part 9: Contractor Qualifications

Subpart 9.3 - First Article Testing and Approval

Instructor Dialogue:

Answer 8

Subpart 9.3 deals with the first article testing and approval process.

This step ensures that the initial product meets all contract specifications before mass production begins.

By thoroughly testing the first article, agencies can identify and address any issues early, reducing the risk of widespread defects or non-compliance in subsequent production batches

Question 9

FAR Part 9: Contractor Qualifications

Subpart 9.4 - Debarment, Suspension, and Ineligibility

Purpose: Protects the government’s interests by excluding unreliable contractors (FAR 9.401).

Key Criteria:

Answer 9

Causes for debarment include fraud, criminal offenses, and serious violations (FAR 9.406-2).

Suspension based on adequate evidence of contractor misconduct (FAR 9.407-2).

Procedures for debarment and suspension ensure fairness and due process (FAR 9.406-3, FAR 9.407-3).

Question 10

FAR Part 9: Contractor Qualifications

Subpart 9.4 - Debarment, Suspension, and Ineligibility

Instructor Dialogue:

Answer 10

Subpart 9.4 addresses debarment, suspension, and ineligibility, which are critical tools for protecting the government’s interests.

Contractors may be debarred or suspended for serious violations such as fraud or criminal offenses.

These actions help prevent unreliable contractors from participating in federal projects, thereby reducing the risk of project failure or financial loss.”

Question 11

FAR Part 9: Contractor Qualifications

Subpart 9.5 - Organizational and Consultant Conflicts of Interest

Purpose: Prevents conflicts of interest that could compromise the integrity of the acquisition process (FAR 9.501).

Key Points:

Answer 11

Identifying potential conflicts of interest (FAR 9.504).

Mitigating or avoiding conflicts through appropriate measures (FAR 9.505).

Documentation and transparency in addressing conflicts (FAR 9.506).

Question 12

FAR Part 9: Contractor Qualifications

Subpart 9.5 - Organizational and Consultant Conflicts of Interest

Instructor Dialogue:

Answer 12

Subpart 9.5 focuses on preventing organizational and consultant conflicts of interest.

These conflicts can compromise the integrity of the acquisition process and lead to biased decision-making.

By identifying and mitigating conflicts of interest, agencies can ensure that procurement decisions are made fairly and objectively, minimizing the risk of ethical breaches

Question 13

FAR Part 9: Contractor Qualifications

Subpart 9.6 - Contractor Team Arrangements

Purpose: Allows contractors to team up to fulfill contract requirements (FAR 9.601).

Key Benefits:

Answer 13

Leveraging complementary skills and expertise (FAR 9.602).

Enhancing the ability to meet contract requirements (FAR 9.603).

Facilitating innovation and efficiency (FAR 9.604).

Question 14

FAR Part 9: Contractor Qualifications

Subpart 9.6 - Contractor Team Arrangements

Instructor Dialogue:

Answer 14

“Subpart 9.6 allows for contractor team arrangements, enabling contractors to combine their skills and expertise to fulfill contract requirements.

This collaborative approach can enhance the ability to meet complex project demands, promote innovation, and improve efficiency.

By leveraging the strengths of different contractors, agencies can mitigate risks associated with skill or resource gaps.”

Question 15

FAR Part 9: Contractor Qualifications

Subpart 9.7 - Defense Production Pools and Research and Development Pools

Purpose: Supports defense and R&D projects by pooling resources (FAR 9.701).

Key Points:

Answer 15

Establishing pools for defense production and R&D (FAR 9.702).

Benefits of resource pooling, including cost-sharing and risk mitigation (FAR 9.703).

Ensuring compliance with legal and regulatory requirements (FAR 9.704).

Question 16

FAR Part 9: Contractor Qualifications

Subpart 9.7 - Defense Production Pools and Research and Development Pools

Instructor Dialogue:

Answer 16

Subpart 9.7 focuses on defense production pools and research and development pools.

These pools allow for the sharing of resources, expertise, and costs among multiple contractors, which is particularly beneficial for complex defense and R&D projects.

By pooling resources, agencies can mitigate financial and operational risks while ensuring compliance with relevant legal and regulatory requirements

Question 17

9.1 Responsible Prospective Contractors

Determining If a ContractorIs Responsible

To be determined responsible, a prospective contractor must:

Answer 17

• Have adequate financial resources to perform the contract, or the ability ot obtain them
• Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments
• Have a satisfactory performance record, but a prospective contractor shall not be determined nonresponsible solely on the basis of a lack of relevant performance history
• Have a satisfactory record of integrity and business ethics
• Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them
• Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them
• Be otherwise qualified and eligible to receive an award under applicable laws and regulations

Question 17

9.1 Responsible Prospective Contractors

Responsibility in Special Cases

Answer 17

When it is necessary for a particular acquisition or class of
acquisition, the contracting officer shall develop (with the assistance of appropriate specialists) special standards of responsibility.

Special standards may be particularly desirable when experience has demonstrated that unusual expertise or
specialized facilities are needed for adequate contract performance.

The special standards shall be set forth in the solicitation (and so identified) and shall apply to all offerors.

Question 18

9.1 Responsible Prospective Contractors

Responsibility and Subcontracting

Answer 18

Generally, prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors.

Determinations of prospective subcontractor responsibility may affect the government’s determination of the prospective prime contractor’s responsibility.

A prospective contractor may be required to provide written evidence of a proposed subcontractor’s responsibility.

When ti is the government’s interest to do so, the contracting officer may directly determine a prospective subcontractor’s
responsibility. In this case, the same standards used to determine a prime contractor’s responsibility shall be used by
the government to determine subcontractor responsibility.

If the pending contract requires a subcontracting plan
pursuant to FAR 19.7, the contracting officer shall also consider the prospective contractor’s compliance with
subcontracting plans under recent contracts in
establishing the prospective contractor’s performance record.

Question 19

9.1 Responsible Prospective Contractors

The Certificate of Competency

Answer 19

Upon making a determination of nonresponsibility with regard to a small business concern, the contracting officer shall refer the matter to the
Small Business Administration, which wil decide whether to issue a Certificate of Competency.

Issued by the Small Business Administration

Certifies that the holder is
responsible for the purpose of receiving and performing a specific government contract

Question 20

9.1 Responsible Prospective Contractors

Preaward survey

Answer 20

An evaluation of a prospective contractor’s capability to perform a proposed contract

If the contemplated contract will have a fixed price at or below the
simplified acquisition threshold or will involve the acquisition of
commercial items, the contracting officer should not request a pre-award survey unless circumstances justify its cost.

Question 21

9.1 Responsible Prospective Contractors

Preaward survey

GSA SF-1403
Preaward Survey of Prospective Contractor

Answer 21

• Identifies additional factors about which information is needed
• Includes the complete solicitation package (unless ti has previously been furnished), and any information indicating prior unsatisfactory performance by the prospective contractor
• States whether the contracting office will participate in the survey
• Specifies the date by which the report is required
• Specifies limitations on the scope of the survey

Question 22

9.2 Qualifications Requirements

Qualification Requirements: Policy

Qualification requirement

Answer 22

• Agovernment requirement for testing or other quality assurance demonstration that must be completed before a contract

If an agency determines that a qualification requirement is necessary, the agency activity responsible for establishing the requirement must urge manufacturers and other potential sources to demonstrate their ability to meet the standards specified for qualification and, when possible, give sufficient time to arrange for qualification before award.

Question 23

9.2 Qualifications Requirements

Examples

Qualified products list (QPL)

Answer 23

A list of products that have been examined and tested, and have satisfied all applicable qualification requirements

Question 24

9.2 Qualifications Requirements

Examples

Qualified bidders list (QBL)

Answer 24

A list of bidders who have had their products examined and tested, and who have satisfied al applicable qualification requirements for that product or have otherwise satisfied all applicable qualification requirements

Question 25

9.2 Qualifications Requirements

Examples

Qualified manufacturers list (QML)

Answer 25

A list of manufacturers who have had their products examined and tested and who have satisfied all applicable qualification requirements for that product

Question 26

9.3 First Article Testing and Approval

First Article Testing

First article testing and approval ensures that the contractor can furnish a product that conforms to all contract requirements for acceptance.

Testing and approval may be appropriate when:

Answer 26

The contractor has not previously furnished the non-commercial item to the government

The contractor previously furnished the product to the
government, but
* There have been subsequent changes in processes or specifications,
* Production has been discontinued for an extended period of time. or
* The product acquired under a previous contract developed a problem during
its life

The product is described by a performance specification
It is essential to have an approved first article to serve as a manufacturing standard

Question 27

9.3 First Article Testing and Approval

First Article Testing

First article testing and approval ensures that the contractor can furnish a product that conforms to all contract requirements for acceptance.

Generally not required for:

Answer 27

Research or development efforts

Products requiring qualification before award

Products normally sold in the commercial market

Products covered by complete and detailed technical
specifications

Question 28

9.4 Debarment, Suspension, and Ineligibility

Agencies shall solicit offers from, award contracts to, and consent to subcontracts with responsible contractors only.

Debarment and suspension are discretionary actions that, taken in accordance with FAR 9.4, are appropriate means to effect this policy.

Debarment and suspension are

Answer 28

discretionary actions that are imposed only in the public interest for the government’s protection and not for the purposes of punishment.

Question 29

9.4 Debarment, Suspension, and Ineligibility

Agencies shall solicit offers from, award contracts to, and consent to subcontracts with responsible contractors only.

Debarment and suspension are discretionary actions that, taken in accordance with FAR 9.4, are appropriate means to effect this policy.

Suspension

Answer 29

Action taken by a suspending official to disqualify a contractor temporarily from government contracting and government-approved subcontracting

Question 30

9.4 Debarment, Suspension, and Ineligibility

Agencies shall solicit offers from, award contracts to, and consent to subcontracts with responsible contractors only.

Debarment and suspension are discretionary actions that, taken in accordance with FAR 9.4, are appropriate means to effect this policy.

Debarment

Answer 30

Action taken by a debarring official to exclude a contractor from government contracting and government-approved subcontracting for a reasonable, specified period.

Question 31

9.4 Debarment, Suspension, and Ineligibility

Agencies shall solicit offers from, award contracts to, and consent to subcontracts with responsible contractors only.

Debarment and suspension are discretionary actions that, taken in accordance with FAR 9.4, are appropriate means to effect this policy.

Ineligible

Answer 31

Excluded from government contracting (and subcontracting, iff appropriate) pursuant to statutory, executive order, or regulatory authority (other than the FAR)

Question 32

9.4 Debarment, Suspension, and Ineligibility

The System for Award Management lists

Answer 32

all contractors debarred, suspended, proposed for debarment, declared ineligible, or
excluded or disqualified by agencies or the GAO.

Each agency is
responsible for updating SAM, generally within five days
after the action becomes effective or is modified or rescinded.

Question 33

9.4 Debarment, Suspension, and Ineligibility

After opening of bids or receipt of proposals, and immediately prior to award, the contracting officer shall

Answer 33

review the list to ensure that the agency does not solicit offers, award contracts, or consent to subcontracts with contractors on the list

Question 34

9.5 Organizational and Consultant Conflicts of Interest

Organizational conflict of interest

Answer 34

Because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the government, or the person’s objectivity in performing the contract work is or might be otherwise
impaired, or

A person has an unfair competitive advantage

This is most likely to occur in contracts for management support services; consultant or other professional services; contractor
performance of, or assistance with, technical evaluations; or system engineering and technical direction by a contractor who does not have contractual responsibility.

Contracting officers must identify and evaluate potential organizational conflicts of interest as early in the acquisition process as possible, and
avoid, neutralize, or mitigate organizational conflicts of interest before contract award.

Question 35

9.6 Contractor Team Arrangements

Answer 35

A contractor team arrangement is an arrangement in which two or more
companies form a partnership or joint venture to act as a potential prime
contractor; or a potential prime contractor agrees with one or more other companies to have them act as its subcontractors under a specified government contract or acquisition program.

Contractor team arrangements may be desirable from both a government and industry standpoint in order to enable the companies
involved to complement each other’s unique capabilities and offer the
government the best combination of performance, cost, and delivery for the system or product being acquired.

Question 36

9.7 Defense Production Pools and Research and Development Pools

Pool
* A group of concerns that have:

Answer 36

Associated together in order to obtain and perform, jointly or in conjunction with
each other, defense production or research and development contracts;

Entered into an agreement governing their organization, relationship, and
procedures; and

Obtained approval of the agreement

Except as specified in FAR 9.702, a pool shall be treated the same as any other prospective or actual contractor.

The offer leading to the contract submitted by the pool must be submitted ni its own name or by an individual pool member expressly stating that the offer is on behalf of the pool.

The contracting officer shall verify the pool’s approved status and document ni the contract file that the verification was made

Pools approved by the SBA under the Small Business Act are entitled to the preferences and privileges accorded to small business concerns. Approval under
the Defense Production Act does not confer these preferences and privileges

Before awarding a contract to an unincorporated pool, the contracting officer shall require each pool member participating in the contract to furnish a certified copy of a power of attorney identifying the agent authorized to sign the offer or contract on that member’s behalf. The contracting officer shall attach a copy of each power of attorney to each signed copy of the contract.

Question 37

FAR PART 9. CONTRACTOR
QUALIFICATIONS
A. RESPONSIBLE PROSPECTIVE
CONTRACTORS (FAR 9.1)

Purchases are to be made from, and contracts awarded only to, responsible prospective contractors. To be determined responsible, a prospective contractor must

Answer 37

• Have adequate financial resources to perform the contract, or the ability to obtain them;
• Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;
• Have a satisfactory performance record.

*Have a satisfactory record of integrity and business ethics;

Have the necessary organization, experience, accounting and operational controls, and technical skills; or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors);

• Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and

*Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

Question 38

Note that there is a prohibition to contracting with an inverted domestic corporation at FAR
9.108. An inverted domestic corporation, as used in this section, means

Answer 38

a foreign incorporated entity treated as an inverted domestic corporation under 6 U.S.C.395(b), (ie., a corporation that used to be incorporated in the United States or used to be a partnership in the United States but now is incorporated in a foreign country or is a subsidiary whose parent corporation is incorporated in a foreign country that meets the criteria specified in 6 U.S.C395(b) applied in accordance with the rules and definitions of 6
U.S.C. 395(c)).

Question 39

A prospective contractor that is or recently has been seriously deficient in contract performance shall be

Answer 39

presumed to be nonresponsible unless the contracting officer determines that the circumstances were properly beyond the contractor’s control or that the contractor has taken appropriate corrective action.

Past failure to apply sufficient tenacity and perseverance to perform acceptably is strong evidence of nonresponsibility.

Failure to meet the quality requirements of the contract is a significant factor to consider in determining satisfactory performance.

The contracting officer shall consider the number of contracts involved and the extent of deficient performance in each contract when making this determination.

Question 40

If the pending contract requires a subcontracting plan pursuant to subpart 19.7, the Small Business Subcontracting Program, the contracting officer shall

Answer 40

also consider the prospective contractor’s compliance with subcontracting plans under recent contracts in establishing that the prospective contractor has a satisfactory performance record.

Question 41

When it is necessary for a particular acquisition or class of acquisition, the contracting officer shall

Answer 41

develop (with the assistance of appropriate specialists)
special standards of responsibility.

Special standards may be particularly desirable when experience has demonstrated that unusual expertise or specialized facilities are needed for adequate contract performance.
The special standards shall be set forth in the solicitation (and so identified) and shall apply to all offerors.

Question 42

Upon making a determination of nonresponsibility with regard to a small business concern, the contracting officer shall

Answer 42

refer the matter to the Small Business Administration, which will decide whether to issue a Certificate of Competency. (FAR 9.104-3(d))

Question 43

Generally, prospective prime contractors are responsible for determining the responsibility

Answer 43

of their prospective subcontractors (but see 9.405 and
9.405-2 regarding debarred, ineligible, or suspendedfirms).

Determinations of prospective subcontractor responsibility may affect the government’s determination of the prospective prime contractor’s responsibility.

A prospective contractor may be required to provide written evidence of a proposed subcontractor’s responsibility.

When it is the government’s interest to do so, the contracting officer may directly determine a prospective subcontractor’s responsibility. In this case, the same standards used to determine a prime contractor’s responsibility shall be used by the government to determine subcontractor responsibility. (FAR

Question 44

C. FIRST ARTICLE TESTING AND APPROVAL (FAR 9.3)

First article testing (FAT) and approval ensures that

Answer 44

the contractor can furnish a product that conforms to all contract requirements for acceptance.

Before requiring FAT and approval, the contracting officer must consider impact on cost or delivery, risk if not done, and availability of less costly methods of ensuring the desired

Testing and approval may be appropriate when the contractor has not previously furnished the product to the government, or he or she has but there have been subsequent changes in processes or specifications, production has been discontinued, or the product was later found defective; the product is described by a performance specification; or it is essential to have an approved first article to serve as a manufacturing standard.

Normally, testing and approval is not required for research or development efforts, products requiring qualification before award, products normally sold in the commercial market, or products covered by complete and detailed technical

Question 45

B. QUALIFICATIONS REQUIREMENTS (FAR
9.2)

A qualification requirement is a government

Answer 45

requirement for testing or other quality assurance demonstration that must be completed before award of a contract.

The activity responsible for establishment of the qualification requirements must periodically furnish through the governmentwide point of entry GPE a seeking additional sources or products for qualification unless the contracting officer determines that such publication would compromise the national security.

Potential offerors need not be on a Qualified Bidders List
(QBL), Qualified Manufacturers List (QML), or Qualified Products List (QPL) if they demonstrate they can meet the requirements before the specified award date.

Question 46

D. DEBARMENT, SUSPENSION, AND INELIGIBILITY (FAR 9.4)

“Debarment” means action taken by a debarring official

Answer 46

to exclude a contractor from government contracting and government-approved subcontractingfor a reasonable, specified period. Generally, debarment should not exceed three years, though exceptions to this are listed in FAR 9.406-4.

“Suspension” means action taken by a suspending official to disqualify a contractor temporarily from government contracting and government-approved subcontracting.

“Ineligible” means excluded from government contracting (and subcontracting, if appropriate) pursuant to statutory, executive order, or regulatory authority (other than the FAR).

Agencies are to solicit/award/consent to subcontract with responsible contractors only.

Debarment and suspension are discretionary actions that are imposed only in the public interest for the government’s protection and not for the purposes of punishment.

Question 47

SYSTEM FOR AWARD MANAGEMENT EXCLUSIONS:

GSA operates the web-based System for Award Management (SAM) Exclusions. SAM

Answer 47

SAM lists all contractors debarred, suspended, proposed for debarment, declared ineligible, or excluded or disqualified under the nonprocurement common rule by agencies or by the Government Accountability Office (GAO). Each agency is responsible for updating SAM, generally within five days after the action becomes effective or an action is modified or rescinded. After opening of bids or receipt of proposals, and immediately prior to award, the contracting officer shall review the list to ensure that the agency does not solicit offers, award contracts, or consent to subcontracts with contractors on the list.

Contractors debarred, suspended, or proposed for debarment are excluded from receiving contracts, and agencies shall not solicit offers from, award contracts to, or consent to subcontracts with these contractors, unless the agency head determines that there is a compelling reason for such action. Contractors shall not enter into any subcontract other than a subcontract for a commercially available off-the-shelf item, with a contractor that has been debarred, suspended, or proposed for debarment unless there is a compelling reason to do so, refer to FAR 9.405(b) for limitations.
If a contractor intends to subcontract, other than a subcontract for a commercially available off-the-shelf item, with a party that is debarred, suspended, or proposed for debarment as evidenced by the party’s inclusion in the SAM Exclusions, a corporate officer or designee of the contractor is required by operation of the clause at 52.209-4, “Protecting the Government’s Interests when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment,” to notify the contracting officer in writing before entering into such contract.

Notwithstanding the debarment, suspension, or proposed debarment of a contractor, agencies may continue contracts or subcontracts in existence at the time the contractor was debarred, suspended, or proposed for debarment unless the agency head directs otherwise

Question 48

E. ORGANIZATIONAL AND CONSULTANT
CONFLICTS OF INTEREST (FAR 9.5)

“Organizational conflict of interest” means that because of

Answer 48

other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the government, or the person’s objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage.

This is most likely to occur in contracts for management support services; consultant or other professional services; contractor performance of, or assistance with, technical evaluations; or system engineering and technical direction by a contractor who does notcontractual responsibility.

Contracting officers must identify, avoid, neutralize, or mitigate organizational conflicts of interest.

Question 49

F. CONTRACTOR TEAM ARRANGEMENTS
(FAR 9.6)

A contractor team arrangement is an arrangement in which

Answer 49

two or more companies form a partnership or joint venture to act as a potential prime contractor; or a potential prime contractor agrees with one or more other companies to have them act as its subcontractors under a specified government contract or acquisition program.
Contractor team arrangements may be desirable from both a government and industry standpoint to enable the companies involved to complement each other’s unique capabilities and offer the government the best combination of performance, cost, and delivery for the system or product being acquired.

Contractor team arrangements may be particularly appropriate in complex research and development acquisitions, but may be used in other appropriate acquisitions, including production. The companies involved normally form a contractor team arrangement before submitting an offer. However, they may enter into an arrangement later in the acquisition process, including after contract award.

The government will recognize the integrity and validity of contractor team arrangements provided that the arrangements are identified and company relationships are fully disclosed in an offer, or, for arrangements entered into after submission of an offer, before the arrangement becomes effective. The government will not normally require or encourage the dissolution of contractor team arrangements.

Question 50

G. DEFENSE PRODUCTION POOLS AND RESEARCH AND DEVELOPMENT POOLS
(FAR 9.7)

A pool shall be treated the same as any other prospective or actual contractor except as stated below.

Answer 50

The contracting officer shall not award a contract to a pool unless the offer leading to the contract is submitted by the pool in its own name or by an individual pool member expressly stating that the offer is on behalf of the pool. Upon receipt of an offer submitted by a group representing that it is a pool, the contracting officer shall verify its approved status with the SBA district office director or other approving agency and document the contract file that the verification was made.

Pools approved by the SBA under the Small Business Act are entitled to the preferences and privileges accorded to small business concerns.

Approval under the Defense Production Act does not confer these preferences and privileges. Before awarding a contract to an unincorporated pool, the contracting officer shall require each pool member participating in the contract to furnish a certified copy of a power of attorney identifying the agent authorized to sign the offer or contract on that member’s behalf.

Pool members may submit individual offers independent of the pool.
However, the contracting officer shall not consider anindependent offer by a pool member if that pool member participates in a competing offer submitted by the pool. 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.