Federal Acquisition Regulation (FAR) and Policies

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The Federal Acquisition Regulation (FAR) exists to provide a set of uniform policies and procedures by which the government acquires goods or services. The goal is to develop an acquisition system that satisfies the government's needs in terms of cost, quality, and time, as well as to openly trade with integrity and fairness.

1. There are various FAR policies/procedures regarding different kinds of requirements. A summary of the FAR policies/procedures regarding different kinds of requirements is as follows. Relevant definitions/descriptions are provided:

A) Qualification requirements can be found from 9.2 to 9.207.

The agency head or designee shall justify the requirement in writing, stating why the qualification requirement must be shown before awarding the contract. The statement must estimate costs for testing and evaluation in the event that the qualification requirement is satisfied. The statement must specifying any requirements that must be satisfied in order to qualify an offerer. Only the least restrictive requirements to obtain qualification requirements shall be stated.

Potential offerors shall be given a list of all requirements that they or their products must satisfy to become qualified. At their expense, they will be given the opportunity to demonstrate their ability to satisfy the qualification standards. A potential offeror shall receive notification of their success or failure to be qualified, in a timely manner. If qualification is not attained, reasons for such will be provided.

Definitions
"Agency head" or "head of the agency" means the Secretary, Attorney General, Administrator, Governor, Chairperson, or other chief official of an executive agency, unless otherwise indicated, including any deputy or assistant chief official of an executive agency.

"Offer" means a response to a solicitation that, if accepted, would bind the offeror to perform the resultant contract. Responses to invitations for bids (sealed bidding) are offers called "bids" or "sealed bids"; responses to requests for proposals (negotiation) are offers called "proposals"; however, responses to requests for quotations (simplified acquisition) are "quotations," not offers.

"Contract" means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements.

"Offeror" means offeror or bidder.

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

"Qualified products list (QPL)" means a list of products that have been examined, tested, and have satisfied all applicable qualification requirements.

B) Competition requirements can be found at the Far website, from 6.000 to 6.502.

Full and open competition is encouraged in the acquisition process. When soliciting government contracts, contracting officers shall promote and provide for full and open competition. Competitive procedures include sealed bids, competitive proposals, or a combination. Other competitive procedures may also be accepted. Agencies must establish or maintain alternative sources of supplies or services if this will reduce costs, be in the best interests of national defense, ensure a reliable source, or satisfy a critical need.

In the event that only one single reliable supplier exists, full and open competition may be overlooked. Similarly, if a product or ...