AFFARS PART 5309 - Contractor Qualifications

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PART 5309 -
Contractor Qualifications

[ Revised January 27, 2017 ]

(INTERIM CHANGE: See Policy Memo 10-C-15)

SUBPART 5309.2 — QUALIFICATION REQUIREMENTS

5309.202 Policy

(a)(1) For the designee referenced in FAR 9.202(a), see MP5301.601(a)(i).

5309.206-1 General

(b) For the designee referenced in FAR 9.206-1(b), see MP5301.601(a)(i).

(e)(3) Whenever a decision is made not to enforce a qualification requirement, the contracting officer shall request concurrence from the activity that established the requirement.

5309.270-3 Policy

(a) See MP5301.601(a)(i).

SUBPART 5309.4 — DEBARMENT, SUSPENSION, AND INELIGIBILITY

5309.405 Effect of Listing

(a) The contracting officer must submit a request for a compelling reason exception through their MAJCOM/DRU/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC, with a copy to SAF/GCR. The request must include a description of efforts taken to establish alternate sources and the impact if the exception is not granted. SAF/AQC will forward the approved exceptions to GSA.

5309.406-3 Procedures

(a) Investigation and referral.

(i) The contracting officer or the referring person must promptly notify SAF/GCR, their MAJCOM/DRU/AFRCO SCO (or for AFLCMC and SMC, the SCCO), and their designated legal counsel with all known information relating to the following:

(1) Any non-responsibility determination.

(2) Any indictment, conviction, or civil judgment (including those listed on required certifications, or those disclosed in accordance with FAR 3.1003 or FAR 52.203-13 relating to an offeror’s or contractor’s lack of integrity or business honesty, regardless of whether the indictment, conviction, or civil judgment related to a government contract.

(3) Any recommended or final termination for default or for cause.

(4) Any recommendation for debarment or suspension.

(5) Any debarred or suspended contractor who bids on a Government contract (including those who indicate debarment or suspension on required certifications).

(ii) The contracting officer must provide additional information as requested by SAF/GCR.

(b) Decision-making process.

(2) If SAF/GCR determines that a hearing is required, the contracting activity must provide witnesses and other support as requested.

5309.407-3 Procedures

The contracting officer must follow the debarment procedures at 5309.406-3 for suspensions.

SUBPART 5309.5—ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTEREST

5309.503 Waiver

Forward requests to waive FAR 9.5 requirements through the MAJCOM/DRU/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for HCA approval (see MP5301.601(a)(i)).

5309.504 Contracting Officer Responsibilities

(c) Forward the approved recommended course of action to the HCA through the MAJCOM/DRU/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for review. Recommendations must include all documentation required by FAR 9.506(b) as an attachment. See MP5301.601(a)(i).

5309.507-2 Solicitation Provisions and Contract Clause (INTERIM CHANGE: See Policy Memo 10-C-15)

5309.571-7 Systems Engineering and Technical Assistance Contracts

(c)(1) See MP5301.601(a)(i).

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