DFARS Part 09

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TABLE OF CONTENTS

SUBPART 209.1--RESPONSIBLE PROSPECTIVE CONTRACTORS
209.101 Definitions.
209.103 Policy.
209.103-70 Contract clause.
209.104 Standards.
209.104-1 General standards.
209.104-4 Subcontractor responsibility.
209.104-70 Solicitation provision.
209.106 Preaward surveys.
209.106-1 Conditions for preaward surveys.
209.106-2 Requests for preaward surveys.

SUBPART 209.2--QUALIFICATIONS REQUIREMENTS
209.202 Policy.

SUBPART 209.3--FIRST ARTICLE TESTING AND APPROVAL
209.303 Use.
209.305 Risk.
209.306 Solicitation requirements.
209.308 Contract clauses.

SUBPART 209.4--DEBARMENT, SUSPENSION, AND INELIGIBILITY
209.402 Policy.
209.403 Definitions.
209.405 Effect of listing.
209.406 Debarment.
209.406-1 General.
209.406-2 Causes for debarment.
209.406-3 Procedures.
209.470 Military recruiting on campus.
209.470-1 Policy.
209.470-2 Procedures.
209.470-3 Contract clause.

PART 209 CONTRACTOR QUALIFICATIONS

SUBPART 209.1--RESPONSIBLE PROSPECTIVE CONTRACTORS

209.101 Definitions.

209.103 Policy.

209.103-70 Contract clause.
Use the clause at 252.209-7000, Acquisition from Subcontractors Subject to On-Site Inspection Under the Intermediate-Range Nuclear Forces (INF) Treaty, in all solicitations and contracts exceeding the simplified acquisition threshold, except solicitations and contracts for commercial items.

209.104 Standards.
*[added per DFARS Case 97-D325, D.L. 98-007, effective 27 Mar 1998]
[added per DFARS Case 97-D314, D.L. 98-004, efective 11 Mar 1998]
209.104-1 General standards.

(1) Either directly or indirectly, has a significant interest--
(i) In the firm; or
(ii) In the subsidiary *[or the firm that owns the subsidiary]; and

(1) Determining that-
(i) The waiver will advance the environmental restoration, remediation, or waste management objectives of DoD and will not harm the national security interests of the United States; and
(ii) The entity to which the contract is awarded is controlled by a foreign government with which the Secretary is authorized to exchange Restricted Data under section 144c. of the Atomic Energy Act of 1954 (42 U.S.C. 2164(c)); and

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.

*[added per DFARS Case 97-D325, D.L. 98-007, effective 27 Mar 1998]
[added per DFARS Case 97-D314, D.L. 98-004]
209.104-70 Solicitation provisions.

209.106 Preaward surveys.

209.106-1 Conditions for preaward surveys.

209.106-2 Requests for preaward surveys.

SUBPART 209.2--QUALIFICATIONS REQUIREMENTS

209.202 Policy.

SUBPART 209.3--FIRST ARTICLE TESTING AND APPROVAL

209.303 Use.

209.305 Risk.
The contracting officer may give this authorization to a contractor only after approval by a level higher than the contracting officer.

209.306 Solicitation requirements.

209.308 Contract clauses.
Alternate I of the clauses at FAR 52.209-3, First Article Approval--Contractor Testing, or 52.209-4, First Article Approval--Government Testing, as appropriate, may be used when--

SUBPART 209.4--DEBARMENT, SUSPENSION, AND INELIGIBILITY

209.402 Policy.

209.403 Definitions.

209.405 Effect of listing.
Under 10 U.S.C. 2393b, when a department or agency determines that a compelling reason exists for it to conduct business with a contractor that is on the list of parties excluded from procurement programs, it shall provide written notice of the determination to the General Services Administration, Office of Acquisition Policy. Examples of compelling reasons are--

209.405-1 Continuation of current contracts.

*[added per DFARS Case 97-D325, D.L. 98-007, effective 27 Mar 1998]
209.405-2 *[Restrictions on subcontracting.

(a) The contracting officer shall not consent to any subcontract with a firm, or a subsidiary of a firm, that is identified by the Secretary of Defense as being owned or controlled by the government of a terrorist country unless the agency head states in writing the compelling reasons for the subcontract]

209.406 Debarment.

209.406-1 General.

209.406-2 Causes for debarment.

209.406-3 Procedures.

[added per DFARS Case 97-D325, D.L. 98-007, effective 27 Mar 1998]
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 Terrorist Country, in solicitations and contracts with a value of $100,000 or more].

209.470 Military recruiting on campus.

209.470-1 Policy.

209.470-2 Procedures.

209.470-3 Contract clause.
Use the clause at 252.209-7005, Military Recruiting on Campus, in all solicitations and contracts with institutions of higher education.

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