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DFARS 209



Part 209—Contractor Qualifications

TABLE OF CONTENTS

(Revised December 11, 2014)

SUBPART 209.1--RESPONSIBLE PROSPECTIVE CONTRACTORS

209.101 Definitions.

209.104 Standards.

209.104-1 General standards.

209.104-4 Subcontractor responsibility.

209.104-70 Solicitation provision.

209.105 Procedures.

209.105-1 Obtaining information.

209.105-2 Determinations and documentation.

209.105-2-70 Inclusion of determination of contractor fault in Federal Awardee Performance and Integrity Information System (FAPIIS).

209.106 Preaward surveys.

SUBPART 209.2--QUALIFICATIONS REQUIREMENTS

209.202 Policy.

209.270 Aviation and ship critical safety items.

209.270-1 Scope.

209.270-2 Definitions.

209.270-3 Policy.

209.270-4 Procedures.

209.270-5 Contract clause.

SUBPART 209.4--DEBARMENT, SUSPENSION, AND INELIGIBILITY

209.402 Policy.

209.403 Definitions.

209.405 Effect of listing.

209.405-2 Restrictions on subcontracting.

209.406 Debarment.

209.406-1 General.

209.406-2 Causes for debarment.

209.406-3 Procedures.

209.407 Suspension.

209.407-3 Procedures.

209.409 Solicitation provision and contract clause.

209.470 Reserve Officer Training Corps and military recruiting on campus.

209.470-1 Definition.

209.470-2 Policy.

209.470-3 Procedures.

209.470-4 Solicitation provision and contract clause.

209.471 Congressional Medal of Honor.

SUBPART 209.5—ORGANIZATIONAL AND CONSULTANT CONFLICTS OF

209.505 General rules.

209.505-4 Obtaining access to proprietary information.

209.570 Limitations on contractors acting as lead system integrators.

209.570-1 Definitions.

209.570-2 Policy.

209.570-3 Procedures.

209.570-4 Solicitation provision and contract clause.

209.571 Organizational conflicts of interest in major defense acquisition programs.

209.571-0 Scope of subpart.

209.571-1 Definitions.

209.571-2 Applicability.

209.571-3 Policy.

209.571-4 Mitigation.

209.571-5 Lead system integrators.

209.571-6 Identification of organizational conflicts of interest.

209.571-7 Systems engineering and technical assistance contracts.

209.571-8 Solicitation provision and contract clause.

SUBPART 209.1--RESPONSIBLE PROSPECTIVE CONTRACTORS

(Revised December 11, 2014)

209.101 Definitions.

“Entity controlled by a foreign government,” “foreign government,” and “proscribed information” are defined in the provision at 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.

209.104 Standards.

209.104-1 General standards.

209.104-4 Subcontractor responsibility.

Generally, the Canadian Commercial Corporation's (CCC) proposal of a firm as its subcontractor is sufficient basis for an affirmative determination of responsibility. However, when the CCC determination of responsibility is not consistent with other information available to the contracting officer, the contracting officer shall request from CCC and any other sources whatever additional information is necessary to make the responsibility determination.

209.104-70 Solicitation provision.

Use the provision at 252.209-7002, Disclosure of Ownership or Control by a Foreign Government, in all solicitations, including those subject to the procedures in FAR part 13, when access to proscribed information is necessary for contract performance. If the solicitation includes the provision at FAR 52.204-7, do not separately list the provision 252.209-7002 in the solicitation.

209.105 Procedures.

209.105-1 Obtaining information.

209.105-2 Determinations and documentation.

209.105-2-70 Inclusion of determination of contractor fault in Federal Awardee Performance and Integrity Information System (FAPIIS).

If the contractor or a subcontractor at any tier is not subject to the jurisdiction of the U.S. courts and the DoD appointing official that requested a DoD investigation makes a final determination that a contractor’s or subcontractor’s gross negligence or reckless disregard for the safety of civilian or military personnel of the Government caused serious bodily injury or death of such personnel, the contracting officer shall enter in FAPIIS the appropriate information regarding such determination within three days of receiving notice of the determination, pursuant to section 834 of the National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383). Information posted in FAPIIS regarding such determinations will be publicly available.

209.106 Preaward surveys.

When requesting a preaward survey, follow the procedures at PGI 209.106.

See DoD Class Deviation 2012-O0004, Prohibition Against Contracting with Corporations That Have an Unpaid Delinquent Tax Liability or a Felony Conviction under Federal Law, issued January 23, 2012. This deviation is effective until incorporated in the FAR or otherwise rescinded.

See DoD Class Deviation 2012-O0007, Prohibition Against Contracting with Corporations that have a Felony Conviction under Federal or State Law, issued March 9, 2012. This deviation is effective for contract actions issued using DoD funds appropriated by the Consolidated Appropriations Act, 2012 (Pub. L. 112-74).

See DoD Class Deviation 2013-O0006, Prohibition Against Using Fiscal Year 2013 Funds to Contract with Corporations that have an Unpaid Delinquent Tax Liability or a Felony Conviction under Federal Law, issued January 22, 2013. This deviation is effective for contract actions issued using DoD funds appropriated by the Continuing Appropriations Resolution, 2013 (Pub. L. 112-175).

See DoD Class Deviation 2013-O0010, Prohibition Against Using Fiscal Year 2013 Funds to Contract with Corporations that have an Unpaid Delinquent Tax Liability or a Felony Conviction under Federal Law, issued April 8, 2013. This deviation is effective for contract actions issued using DoD funds appropriated by the Consolidated and Further Continuing Appropriations Act, 2013 (Public Law 113-6).

See DoD Class Deviation 2014-O0004, Prohibition Against Using FY 2014 Funds to Contract with Corporations that Have an Unpaid Delinquent Tax Liability or a Felony Conviction under Federal Law, issued February 21, 2014. This deviation is effective for contract actions issued using DoD funds appropriated by the Continuing Appropriations Act, 2014 (Pub. L. 113-46).

See DoD Class Deviation 2014-O0009, Prohibition Against Using FY 2014 Funds to Contract with Corporations that Have an Unpaid Delinquent Tax Liability or a Felony Conviction under Federal Law, issued February 21, 2014. This deviation is effective for contract actions issued using DoD funds appropriated by the Department of Defense Appropriations Act, 2014, and the Military Construction and Veterans Affairs, and Related Agencies Appropriations Act, 2014 (Pub. L. 113-76, Divisions C and J, enacted January 17, 2014).

See DoD Class Deviation 2015-O0005, Prohibition Against Using FY 2015 Funds to Contract with Corporations that Have an Unpaid Delinquent Tax Liability or a Felony Conviction under Federal Law, issued December 29, 2014. This deviation is effective for contract actions issued using DoD funds appropriated by the Consolidated and Further Continuing Appropriations Act, 2015. This class deviation remains in effect until incorporated in the DFARS or otherwise rescinded.

SUBPART 209.2--QUALIFICATIONS REQUIREMENTS

(Revised August 19, 2011)

209.202 Policy.

209.270 Aviation and ship critical safety items.

209.270-1 Scope.

This section—

209.270-2 Definitions.

As used in this section—

“Aviation critical safety item” means a part, an assembly, installation equipment, launch equipment, recovery equipment, or support equipment for an aircraft or aviation weapon system if the part, assembly, or equipment contains a characteristic any failure, malfunction, or absence of which could cause—

“Design control activity”—

“Ship critical safety item” means any ship part, assembly, or support equipment containing a characteristic the failure, malfunction, or absence of which could cause—

209.270-3 Policy.

209.270-4 Procedures.

209.270-5 Contract clause.

The contracting officer shall insert the clause at 252.209-7010, Critical Safety Items, in solicitations and contracts when the acquisition includes one or more items designated by the design control activity as critical safety items.

SUBPART 209.3

(Removed November 10, 2004)

SUBPART 209.4--DEBARMENT, SUSPENSION, AND INELIGIBILITY

(Revised December 11, 2014)

209.402 Policy.

209.403 Definitions.

“Debarring and suspending official.”

209.405 Effect of listing.

determination to the General Services Administration (GSA), GSA Suspension and Debarment Official, Office of Acquisition Policy, 1275 First Street, N.E., Washington, DC 20417. Examples of compelling reasons are—

209.405-2 Restrictions on subcontracting.

209.406 Debarment.

209.406-1 General.

FAR subpart 3.10; and

209.406-2 Causes for debarment.

209.406-3 Procedures.

Refer all matters appropriate for consideration by an agency debarring and suspending official as soon as practicable to the appropriate debarring and suspending official identified in 209.403. Any person may refer a matter to the debarring and suspending official. Follow the procedures at PGI 209.406-3.

209.407 Suspension.

209.407-3 Procedures.

Refer all matters appropriate for consideration by an agency debarring and suspending official as soon as practicable to the appropriate debarring and suspending official identified in 209.403. Any person may refer a matter to the debarring and suspending official. Follow the procedures at PGI 209.407-3.

209.409 Solicitation provision and contract clause.

Use the clause at 252.209-7004, Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism, in solicitations and contracts with a value of $150,000 or more.

209.470 Reserve Officer Training Corps and military recruiting on campus.

209.470-1 Definition.

"Institution of higher education," as used in this section, means an institution that meets the requirements of 20 U.S.C. 1001 and includes all subelements of such an institution.

209.470-2 Policy.

209.470-3 Procedures.

If the Secretary of Defense determines that an institution of higher education is ineligible to receive DoD funds because of a policy or practice described in 209.470-2(a)—

209.470-4 Solicitation provision and contract clause.

209.471 Congressional Medal of Honor.

In accordance with Section 8118 of Pub. L. 105-262, do not award a contract to, extend a contract with, or approve the award of a subcontract to any entity that, within the preceding 15 years, has been convicted under 18 U.S.C. 704 of the unlawful manufacture or sale of the Congressional Medal of Honor. Any entity so convicted will be listed as ineligible on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs published by the General Services Administration.

SUBPART 209.5—ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTEREST

(Revised May 10, 2016)

209.505 General rules.

209.505-4 Obtaining access to proprietary information.

209.570 Limitations on contractors acting as lead system integrators.

209.570-1 Definitions.

“Lead system integrator,” as used in this section, is defined in the clause at 252.209-7007, Prohibited Financial Interests for Lead System Integrators. See PGI 209.570-1 for additional information.

209.570-2 Policy.

209.570-3 Procedures.

209.570-4 Solicitation provision and contract clause.

209.571 Organizational conflicts of interest in major defense acquisition programs.

209.571-0 Scope of subpart.

This subpart implements section 207 of the Weapons System Acquisition Reform Act of 2009 (Pub. L. 111-23).

209.571-1 Definitions.

As used in this section—

“Lead system integrator” is defined in the clause at 252.209-7007, Prohibited Financial Interests for Lead System Integrators.

“Major subcontractor” is defined in the clause at 252.209-7009, Organizational Conflict of Interest—Major Defense Acquisition Program.

“Pre-Major Defense Acquisition Program” means a program that is in the Materiel Solution Analysis or Technology Development Phases preceding Milestone B of the Defense Acquisition System and has been identified to have the potential to become a major defense acquisition program.

“Systems engineering and technical assistance.”

209.571-2 Applicability.

209.571-3 Policy.

It is DoD policy that—

209.571-4 Mitigation.

209.571-5 Lead system integrators.

For limitations on contractors acting as lead systems integrators, see 209.570.

209.571-6 Identification of organizational conflicts of interest.

When evaluating organizational conflicts of interest for major defense acquisition programs or pre-major defense acquisition programs, contracting officers shall consider—

(a) The ownership of business units performing systems engineering and technical assistance, professional services, or management support services to a major defense acquisition program or a pre-major defense acquisition program by a contractor who simultaneously owns a business unit competing (or potentially competing) to perform as—

(b) The proposed award of a major subsystem by a prime contractor to business units or other affiliates of the same parent corporate entity, particularly the award of a subcontract for software integration or the development of a proprietary software system architecture; and

(c) The performance by, or assistance of, contractors in technical evaluation.

209.571-7 Systems engineering and technical assistance contracts.

(2) The requirement in paragraph (b)(1) of this subsection cannot be waived.

209.571-8 Solicitation provision and contract clause.

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