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FAR
9.207 (a): Qualification Requirements, Change in
Ownership, Location, etc. |
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Comptroller
General - Key Excerpts |
The protester’s argument is based
on a misreading of FAR § 52.209-1. The plain language of that
provision requires only “reevaluation of a qualification” where
the location or ownership of the manufacturing facility of an
approved source changes; it does not require that the purchasing
entity undergo testing or be formally re‑approved, as the
protester suggests. The FAR does contemplate that firms will
request reevaluation of their approved status for a product
where the location or ownership of the manufacturing facility
has changed, and FAR § 9.207 (a)(3) addresses the situation
where a firm fails to do so, providing as follows:
The contracting officer shall
promptly report to the agency activity which established the
qualification requirement any conditions which may merit
removal or omission . . . or affect whether a source should
continue to be otherwise identified as meeting the
requirement. These conditions exist when--
. . . .
(3) A supplier fails to
request reevaluation following change of location or ownership
of the plant where the product that met the qualification
requirement was manufactured (see the clause at 52.209‑1,
Qualification Requirements).
Signal’s request in its proposal
that it be given Innowave’s source approval status appears to
have served this purpose. In response to that request, DLA
reported the change in ownership to the ESA responsible for
source approval, and the ESA agreed that Signal could rely upon
Innowave’s source status. This is all that was required by the
FAR. Associated claims that Signal had to be formally
re-approved in order to be eligible for award, because Innowave
has not manufactured the item since 1988, and Signal itself has
not manufactured the item since it purchased Innowave in 1993.
This argument is untimely. Innowave was listed in the
solicitation as an approved source. Thus, if Associated believed
that Innowave should not be considered approved due to its years
of inactivity, it was required to protest on this basis prior to
the closing time for receipt of proposals. See 4 C.F.R. §
21.2(a)(1) (2003). (Associated
Aircraft Manufacturing & Sales, Inc., B-293529, March 22,
2004) (pdf) |
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Comptroller
General - Listing of Decisions |
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For
the Government |
For
the Protester |
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Associated Aircraft Manufacturing &
Sales, Inc., B-293529, March 22, 2004 (pdf) |
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