FAR Part 11 Flashcards
Describing Agency Needs
Part 11 - Describing Agency Needs Selecting and Developing Requirements Documents
11.002 (a) In fulfilling requirements of 10 U.S.C. 3206(a), 10 U.S.C. 3453, 41 U.S.C.3306(a), and 41
U.S.C.3307, agencies shall-
- (1) Specify needs using market research in a manner designed to-
- (i) Promote full and open competition or maximum practicable competition when using simplified acquisition procedures, with due regard to the nature of the supplies or services to be acquired; and
- (ii) Only include restrictive provisions or conditions to the extent necessary to satisfy the needs of the agency or as authorized by law.
11.002 (a)(2) To the maximum extent practicable, ensure that acquisition officials-
(i) State requirements with respect to an acquisition of supplies or services in terms of-
* (A) Functions to be performed;
* (B) Performance required; or
* (C) Essential physical characteristics;
11.101 Order of precedence for requirements documents.
11.101 (a) Agencies may select from existing requirements documents, modify or combine existing requirements documents, or create new requirements documents to meet agency needs, consistent with the following order of precedence:
- *
*
(1) Documents mandated for use by law.
(2) Performance-oriented documents (e.g., a PWS or SOO).
(3) Detailed design-oriented documents.
(4) Standards, specifications and related publications issued by the Government outside the Defense or Federal series for the non-repetitive acquisition of items.
11.202 Maintenance of standardization documents.
11.202 (a) Recommendations for changes to standardization documents listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions should be submitted
to the- General Services Administration Federal Supply Service Office of Acquisition Washington, DC 20406. Agencies shall submit recommendations for changes to standardization documents available at the ASSIST website to the cognizant preparing activity.
11.202 Maintenance of standardization documents.
(b) When an agency cites an existing standardization document but modifies it to meet its needs, the agency shall
follow the guidance in Federal Standardization Manual and, for Defense components, DoD Manual 4120.24, Defense Standardization Program (DSP) Procedures.
Subpart 11.3 - Acceptable Material
11.301 Policy.
(a) Agencies must not require
virgin material or supplies composed of or manufactured using virgin material unless compelled by law or regulation or unless virgin material is vital for safety or meeting performance requirements of the contract.
Subpart 11.3 - Acceptable Material
11.301 Policy.
(b) (1) When acquiring products other than commercial products as defined in 2.101,
agencies must require offerors
to identify used, reconditioned, or remanufactured supplies; or unused former Government surplus property proposed for use under the contract. These supplies or
property may not be used in contract performance unless authorized by the contracting officer.
General: The time of delivery or performance is essential and must be clearly stated in solicitations. (FAR 11.401(a))
Factors to Consider:
Urgency of need, industry practices, market conditions, transportation, production time, capabilities of small businesses, administrative time, conditions precedent to contract performance, and government obligations. (FAR 11.402(a))
General: The time of delivery or performance is essential and must be clearly stated in solicitations. (FAR 11.401(a))
Expression of Schedule:
Specific calendar dates, periods from contract date, or time after receipt of notice of award. (FAR 11.403(a))
General: The time of delivery or performance is essential and must be clearly stated in solicitations. (FAR 11.401(a))
Evaluation:
Consideration of time for mailing or transmitting documents. (FAR 11.403(e))
General: The time of delivery or performance is essential and must be clearly stated in solicitations. (FAR 11.401(a))
Contract Clauses:
Time of delivery clauses, including various alternates for different scenarios. (FAR 11.404)
Scope: Policies and procedures for using liquidated damages in contracts for supplies, services, R&D, and construction. (FAR 11.500(a))
Policy
Use only when timely performance is crucial, and damages would be hard to estimate. (FAR 11.501(a))
Scope: Policies and procedures for using liquidated damages in contracts for supplies, services, R&D, and construction. (FAR 11.500(a))
Purpose
Compensate for probable damages, not punitive or negative performance incentives. (FAR 11.501(b))
Scope: Policies and procedures for using liquidated damages in contracts for supplies, services, R&D, and construction. (FAR 11.500(a))
Mitigation
Contracting officers should act promptly to mitigate damages and protect government interests. (FAR 11.501(c))
Scope: Policies and procedures for using liquidated damages in contracts for supplies, services, R&D, and construction. (FAR 11.500(a))
Procedures
Include appropriate clauses and rates in solicitations. (FAR 11.502)
Scope: Policies and procedures for using liquidated damages in contracts for supplies, services, R&D, and construction. (FAR 11.500(a))
Contract Clauses
Specific clauses for different types of contracts, with adjustments for multiple completion dates in construction. (FAR 11.503)
Scope: Implements the Defense Priorities and Allocations System (DPAS) for national defense and emergency programs. (FAR 11.600)
Definitions
Approved program, Delegate Agency, National defense, Rated order. (FAR 11.601)
Scope: Implements the Defense Priorities and Allocations System (DPAS) for national defense and emergency programs. (FAR 11.600)
General
Preferential acceptance and performance of contracts supporting approved programs. (FAR 11.602(a))
Scope: Implements the Defense Priorities and Allocations System (DPAS) for national defense and emergency programs. (FAR 11.600)
Procedures
Two levels of priority (DO and DX), detailed provisions for rated orders, compliance requirements, and special priorities assistance. (FAR 11.603(a))
Scope: Implements the Defense Priorities and Allocations System (DPAS) for national defense and emergency programs. (FAR 11.600)
Reporting
Violations reported to the Department of Commerce. (FAR 11.603(i))
Variation in Quantity
Supply Contracts: Fixed-price supply contracts may authorize variations in quantity due to loading, shipping, packing, or manufacturing processes. (FAR 11.701(a))
Construction Contracts: Variations in estimated quantities of unit-priced items with adjustments for significant differences. (FAR 11.702)
Responsibility: Contractors must deliver specified quantities within allowable variations. (FAR 11.701(c))
Contract Clauses: Clauses for variations in quantity and handling excess quantities. (FAR 11.703)
Testing
Preaward In-Use Evaluation: Evaluation of supplies under comparable in-use conditions without a further test plan. (FAR 11.801)
Use in Proposal Evaluation: Results may be used to rate proposals, determine technical acceptability, or otherwise evaluate proposals. (FAR 11.801)
Agencies shall specify needs using market research in a manner designed to
promote full and open
competition,
or maximum practicable competition
when using simplified acquisition procedures, with due regard to the nature of the supplies or services to
be acquired;
and only include restrictive provisions or conditions to the extent necessary to satisfy the needs of the agency or as authorized by law.
Acquisition officials should state requirements with respect to an acquisition of supplies or services in terms of:
Functions to be performed,
Performance required, or
Essential physical characteristics.
Acquisition officials should define requirements in terms that
enable and encourage offerors to supply
commercial items,
or, to the extent that commercial items suitable to meet the agency’s needs are not
available, non-developmental items, in response to the agency solicitations.
Offerors of commercial items and non-developmental items should be provided
an opportunity to compete
in any acquisition to fil such requirements.
Prime contractors and subcontractors at all tiers should be required to incorporate commercial items or non- developmental items as components of items supplied
to the agency.
Requirements (in appropriate cases) should be
modified to ensure that they can be met by commercial items
or, to the extent that commercial items suitable to meet the agency’s needs are not available, non-developmental items.
The Metric Conversion Act of 1975 designates
the metric
system as the preferred system of weights and measures for United States trade and commerce.
Its use is required except to the extent that such use is impracticable or is likely to cause significant inefficiencies or
loss of markets to United States firms.
Various statutes and executive orders require
consideration of sustainable acquisition, including
energy-efficient and water-efficient products
and services that may utilize renewable energy technologies, recovered materials, bio-based products,
and other environmentally preferable products and services, including EPEAT-registered
electronic products.
Agencies may select from existing requirements documents, modify or combine existing requirements documents, or create new requirements documents to meet agency needs.
The order of precedence for requirements documents is:
Documents mandated for use by law
Performance-oriented documents (such as a PWS or SOO)
Detailed design-oriented documents
Standards, specifications and related publications issued by the government outside the Defense or Federal series
The head of an agency may require offerors to demonstrate that the items offered have either
achieved commercial market acceptance or
have been satisfactorily supplied to an agency under current or recent contracts for the s a m e or similar
requirements, and otherwise meet the criteria in the solicitation.
Criteria for demonstrating an item’s commercial market acceptance shall:
Reflect the minimum need of the agency and be reasonably related to the demonstration of an item’s acceptability
Relate to an item’s performance and intended use, not an offeror’s capability
Be supported by market research
Consider the entire relevant commercial market, including small business concerns
Commercial market acceptance shall not
be used as a sole criterion to evaluate whether an item meets the government’s requirements.
The use of brand name or equal purchase descriptions may be advantageous under certain circumstances.
Brand name or equal purchase descriptions must include, in addition to the brand name,
a general description of those
salient physical, functional, or performance characteristics of the brand name item that an “equal” item must meet to be
acceptable for award.
Use brand name or equal descriptions when the salient characteristics are firm requirements.
Time of delivery or performance must be
realistic and clearly stated within the solicitation.
Unreasonable delivery or performance schedules are inconsistent with
smal business
policy, may restrict competition, and may result ni higher contract prices.
For supplies or services, relevant factors when establishing a contract delivery or performance schedule include:
Urgency of need
Industry practices
Market conditions
Transportation time
Production time
Capabilities of small business concerns
Administrative time to obtain and evaluate offers and award contracts
Time for contractors to comply with conditions of contract performance
Time for the government to perform its obligations
Additional relevant factors when establishing a contract delivery or
performance schedule for construction include:
Nature and complexity of the project
Construction s e a s o n s involved
Required completion date
Availability of materials and equipment
Capacity of the contractor to perform
Use of multiple completion dates
FAR 11.500 prescribes policies and procedures for
using liquidated damages clauses ni solicitations and
contracts for supplies, services, research and development, and construction.
This subpart does not apply to liquidated damages for subcontracting plans
or liquidated damages related to the Contract Work Hours and Safety Standards Act.
Use liquidated damages clauses only when:
The time of delivery or timely performance is so important that the government may reasonably expect to suffer
damage if the delivery or performance is delinquent, and
The extent or amount of such damage would be difficult or impossible to estimate accurately or prove.
The contracting officer must consider the potential
impact on pricing, competition, and contract administration before using a liquidated damages
clause. Use liquidated damages clauses only when:
The time of delivery or timely performance is so important that the government may reasonably expect to suffer
damage if the delivery or performance is delinquent, and
The extent or amount of such damage would be difficult or impossible to estimate accurately or prove.
The amount to be paid as liquidated damages is generally expressed
as a percentage of the total contract value and usually contains an amount to be
assessed over a specified period of time, up to a specified maximum.
The Defense Priorities and Allocations System (DPAS) authorizes the use of priorities to require that
contracts ni support of the national defense be accepted and performed on a preferential or priority basis over al other contracts, and to allocate materials and facilities in such a manner as to promote the national defense.
DX DO Unrated
For construction, variation in estimated quantities of unit- priced items may be authorized. When the variation between
the estimated quantity and the actual quantity of a unit-priced
item is more than plus or minus
15 percent, an equitable adjustment in the contract price shall be made upon the
demand of either the government or the contractor.
The contractor may request an extension of time fi the quantity variation is such as to cause an increase in the time necessary for completion.
The contracting officer must receive
the request in writing within 10 days from the beginning of the period of delay.
