# Part 5309 - Contractor Qualifications

AFFARS PART 5309 Knowledge Center

2019 Edition

Revised: 2 May 2022

Subpart 5309.1 - RESPONSIBLE PROSPECTIVE CONTRACTORS

5309.104-1 General Standards

Subpart 5309.2 - QUALIFICATION REQUIREMENTS

5309.202 Policy

5309.206-1 General

5309.270-3 Policy

Subpart 5309.4 - DEBARMENT, SUSPENSION, AND INELIGIBILITY

5309.405 Effect of Listing

5309.405-1 Continuation of Current Contracts

5309.405-2 Restrictions on Subcontracting

5309.406-3 Procedures

5309.407-3 Procedures

Subpart 5309.5 - ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTEREST

5309.503 Waiver

5309.504 Contracting Officer Responsibilities

5309.507-2 Solicitation Provisions and Contract Clause

5309.571-7 Systems Engineering and Technical Assistance Contracts

## Subpart 5309.1 - RESPONSIBLE PROSPECTIVE CONTRACTORS

### 5309.104-1 General Standards

See the tailorable Determination and Findings -- Contractor Responsibility template.

## Subpart 5309.2 - QUALIFICATION REQUIREMENTS

### 5309.202 Policy

(a)(1) For the designee referenced in FAR 9.202(a), see MP5301.601 (a)(i) Head of the Contracting Activity (HCA) Matrix.

### 5309.206-1 General

(b) For the designee referenced in FAR 9.206-1(b), see MP5301.601 (a)(i) Head of the Contracting Activity (HCA) Matrix.

(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) Head of the Contracting Activity (HCA) Matrix.

## Subpart 5309.4 - DEBARMENT, SUSPENSION, AND INELIGIBILITY

### 5309.405 Effect of Listing

(a) See MP5301.601-90 Head of Agency (HoA), Senior Procurement Executive (SPE), Service Acquisition Executive (SAE) Delegation Matrix. Provide a copy of request 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.

(b)(ii)(A) See MP5301.601-90 Head of Agency (HoA), Senior Procurement Executive (SPE), Service Acquisition Executive (SAE) Delegation Matrix. Submit requests through the SCO to SAF/AQC for approval.

(e)(2) - (3) See MP5301.601-90 Head of Agency (HoA), Senior Procurement Executive (SPE), Service Acquisition Executive (SAE) Delegation Matrix. Submit determinations through the SCO to SAF/AQC for approval.

### 5309.405-1 Continuation of Current Contracts

(a) See MP5301.601-90 Head of Agency (HoA), Senior Procurement Executive (SPE), Service Acquisition Executive (SAE) Delegation Matrix.

(b) See MP5301.601-90 Head of Agency (HoA), Senior Procurement Executive (SPE), Service Acquisition Executive (SAE) Delegation Matrix. Submit determinations through the SCO to SAF/AQC for approval.

### 5309.405-2 Restrictions on Subcontracting

(a) See MP5301.601-90 Head of Agency (HoA), Senior Procurement Executive (SPE), Service Acquisition Executive (SAE) Delegation Matrix.

### 5309.406-3 Procedures

(a) Investigation and referral.

(i) The contracting officer or the referring person must promptly notify SAF/GCR , their SCO, 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 Procedures above for suspensions.

## Subpart 5309.5 - ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTEREST

### 5309.503 Waiver

Forward requests to waive FAR 9.5 requirements through the SCO to SAF/AQC for HCA approval See MP5301.601 (a)(i) Head of the Contracting Activity (HCA) Matrix.

### 5309.504 Contracting Officer Responsibilities

(c)Forward the approved recommended course of action to the HCA through the SCO to SAF/AQC for review. Recommendations must include all documentation required by FAR 9.506(b) as an attachment. See MP5301.601 (a)(i) Head of the Contracting Activity (HCA) Matrix.

### 5309.507-2 Solicitation Provisions and Contract Clause

(a) In accordance with FAR 9.507-2, insert the clause at 5352.209-9000 Organizational Conflict of Interest , Organizational Conflict of Interest, substantially as written, in Section I when the contractor's eligibility for future prime contract or subcontract awards shall be restricted because of services being provided as stated in FAR 9.505-1 through -4.

(1) Insert the basic clause when the contractor will be providing systems engineering and/or technical direction. (See FAR 9.505-1.)

(2) Insert the clause with its Alternate I when the contractor will be preparing specifications or work statements. (See FAR 9.505-2.)

(3) Insert the clause with its Alternate II when the contractor will be providing technical evaluation or advisory and assistance services. (See FAR 9.505-3.)

(4) Insert the clause with its Alternate III when the contractor will be obtaining access to proprietary information. (See FAR 9.505-4.)

(5) Insert the clause with its Alternate IV when the contract is a task ordering contract and when more than one system is supported. The contracting officer may modify Alternate IV to include a list of systems for which task orders may be issued and indicate which organizational conflict of interest provision in paragraph (a)(2) shall apply.

(6) Insert the clause with its Alternate V when the contract provides for delivery orders. The contracting officer shall indicate in each delivery order which organizational conflict of interest provision in paragraph (a)(2) shall apply.

(7) Insert Alternate VI when it is necessary to have the restrictions of this clause included in all or some subcontracts, teaming arrangements, and other agencies calling for performance of work related to the contract.

(b) As prescribed in FAR 9.507-1, insert in Section L the provision at 5352.209-9001 Potential Organizational Conflict of Interest , Potential Organizational Conflict of lnterest, substantially as written.

### 5309.571-7 Systems Engineering and Technical Assistance Contracts

(c)(1) See MP5301.601 (a)(i) Head of the Contracting Activity (HCA) Matrix.