FAR Part 11

Question 1

FAR Part 11

Answer 1

Describing Agency Needs

Question 2

Overview of FAR Part 11 - Describing Agency Needs

Purpose: Establishes policies and procedures for determining agency needs (FAR 11.000).

Key Sections:

Answer 2

11.1 Selecting and Developing Requirements Documents

11.2 Using and Maintaining Requirements Documents

11.3 Acceptable Material

11.4 Delivery or Performance Schedules

11.5 Liquidated Damages

11.6 Priorities and Allocations

11.7 Variation in Quantity

11.8 Testing

Question 3

FAR Part 11: Describing Agency Needs

Subpart 11.1 - Selecting and Developing Requirements Documents

Purpose: Establishes the need for accurate and thorough requirements documents (FAR 11.101).

Key Points:

Answer 3

Requirements must be clearly defined to ensure effective procurement (FAR 11.101(a)).

Use of performance-based acquisition methods where possible (FAR 11.101(b)).

Coordination with stakeholders to ensure requirements are complete and achievable (FAR 11.102).

Question 4

FAR Part 11: Describing Agency Needs

Instructor Dialogue

Answer 4

“FAR Part 11 focuses on the policies and procedures for determining and describing agency needs.

This part helps mitigate risks by ensuring that requirements are clearly defined and properly documented.

By following these guidelines, agencies can ensure that procurement processes are efficient and meet the intended goals.”

Question 5

Subpart 11.1 - Selecting and Developing Requirements Documents

Instructor Dialogue

Answer 5

Subpart 11.2 focuses on the use and maintenance of requirements documents.

It’s essential to regularly review and update these documents to ensure they remain relevant and compliant with current policies.

This practice helps mitigate risks by preventing outdated or incorrect requirements from affecting procurement outcomes.”

Question 6

FAR Part 11: Describing Agency Needs

Subpart 11.2 - Using and Maintaining Requirements Documents

Purpose: Ensures requirements documents are kept up-to-date and relevant (FAR 11.201).

Key Points:

Answer 6

Regular review and update of requirements documents (FAR 11.201(a)).

Ensuring consistency with current policies and regulations (FAR 11.201(b)).

Maintaining clear and accessible documentation for all stakeholders (FAR 11.201(c)).

Question 7

FAR Part 11: Describing Agency Needs

Subpart 11.2 - Using and Maintaining Requirements Documents

Instructor Dialogue:

Answer 7

Subpart 11.2 focuses on the use and maintenance of requirements documents.

It’s essential to regularly review and update these documents to ensure they remain relevant and compliant with current policies.

This practice helps mitigate risks by preventing outdated or incorrect requirements from affecting procurement outcomes

Question 8

FAR Part 11: Describing Agency Needs

Subpart 11.3 - Acceptable Material

Purpose: Defines the standards for acceptable materials in procurement (FAR 11.301).

Key Points:

Answer 8

Specifications must reflect the minimum needs of the agency (FAR 11.301(a)).

Consideration of commercial standards and practices (FAR 11.301(b)).

Ensuring materials meet environmental and safety regulations (FAR 11.302).

Question 9

FAR Part 11: Describing Agency Needs

Subpart 11.3 - Acceptable Material

Instructor Dialogue

Answer 9

Subpart 11.3 establishes standards for acceptable materials in procurement.

Specifications should reflect the agency’s minimum needs and consider commercial standards. Ensuring that materials meet environmental and safety regulations is crucial for reducing risks associated with non-compliance and ensuring the safety and effectiveness of procured items.”

Question 10

FAR Part 11: Describing Agency Needs

Subpart 11.4 - Delivery or Performance Schedules

Purpose: Establishes guidelines for setting delivery and performance schedules (FAR 11.401).

Key Points:

Answer 10

Schedules must be realistic and achievable (FAR 11.401(a)).

Consideration of contractor capabilities and workload (FAR 11.402).

Flexibility to accommodate unforeseen circumstances (FAR 11.403).

Question 11

FAR Part 11: Describing Agency Needs

Subpart 11.4 - Delivery or Performance Schedules

Instructor Dialogue

Answer 11

Subpart 11.4 provides guidelines for setting realistic and achievable delivery and performance schedules.

Considering contractor capabilities and allowing for flexibility can help mitigate risks associated with delays and ensure that projects are completed on time and within budget.”

Question 12

FAR Part 11: Describing Agency Needs

Subpart 11.5 - Liquidated Damages

Purpose: Provides a mechanism to compensate for delays in contract performance (FAR 11.501).

Key Points:

Answer 12

Establishing liquidated damages clauses in contracts (FAR 11.502).

Calculation of liquidated damages based on potential harm (FAR 11.503).

Enforcement of liquidated damages to incentivize timely performance (FAR 11.504).

Question 13

FAR Part 11: Describing Agency Needs

Subpart 11.5 - Liquidated Damages

Instructor Dialogue

Answer 13

Subpart 11.5 introduces the concept of liquidated damages, which serve as a mechanism to compensate for delays in contract performance.

By including liquidated damages clauses and calculating potential harm, agencies can incentivize timely performance and mitigate risks associated with project delays

Question 14

FAR Part 11: Describing Agency Needs

Subpart 11.6 - Priorities and Allocations

Purpose: Ensures prioritization of contracts that support national defense and other critical needs (FAR 11.601).

Key Points:

Answer 14

Implementation of the Defense Priorities and Allocations System (DPAS) (FAR 11.602).

Prioritizing contracts that support national defense and critical infrastructure (FAR 11.603).

Coordination with relevant agencies to ensure proper allocation of resources (FAR 11.604).

Question 15

FAR Part 11: Describing Agency Needs

Subpart 11.6 - Priorities and Allocations

Instructor Dialogue:

Answer 15

Subpart 11.6 ensures that contracts supporting national defense and other critical needs are prioritized appropriately.

The Defense Priorities and Allocations System (DPAS) helps agencies allocate resources effectively, mitigating risks associated with shortages or delays in critical supplies and services

Question 16

FAR Part 11: Describing Agency Needs

Subpart 11.7 - Variation in Quantity

Purpose: Allows for flexibility in contract quantities to accommodate production variances (FAR 11.701).

Key Points:

Answer 16

Establishing acceptable variation ranges in contracts (FAR 11.702).

Addressing the impact of quantity variations on pricing and delivery (FAR 11.703).

Ensuring transparency and fairness in handling quantity variations (FAR 11.704).

Question 17

FAR Part 11: Describing Agency Needs

Subpart 11.7 - Variation in Quantity

Instructor Dialogue:

Answer 17

“Subpart 11.7 addresses variations in contract quantities, allowing for flexibility to accommodate production variances.

Establishing acceptable variation ranges and addressing their impact on pricing and delivery helps mitigate risks and ensures transparency and fairness in contract performance.”

Question 18

FAR Part 11: Describing Agency Needs

Subpart 11.8 - Testing

Purpose: Ensures that products meet required standards through rigorous testing (FAR 11.801).

Key Points:

Answer 18

Implementing testing requirements in contracts (FAR 11.802).

Conducting inspections and tests to verify compliance (FAR 11.803).

Using testing results to inform acceptance or rejection of products (FAR 11.804).

Question 19

FAR Part 11: Describing Agency Needs

Subpart 11.8 - Testing

Instructor Dialogue:

Answer 19

Subpart 11.8 focuses on the importance of testing to ensure that products meet required standards.

By implementing testing requirements, conducting thorough inspections, and using the results to inform acceptance or rejection, agencies can mitigate risks associated with non-compliant or substandard products.”

Question 20

DescribingAgencyNeeds

Agencies shall specify needs using

Answer 20

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.

Question 21

Acquisition officials should state requirements with respect to an acquisition of supplies or services in terms of:

Answer 21

• Functions to be performed,
• Performance required, or
• Essential physical characteristics.

Question 22

Preference for Commercial Items

Acquisition officials should define requirements in terms that enable and encourage offerors to supply
commercial items, or,

Answer 22

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.

Question 23

Weightsa n dMeasures

The Metric Conversion Act of 1975 designates the metric
system as the

Answer 23

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.

Question 24

Consideration of Sustainable Acquisition

Various statutes and executive orders require consideration of sustainable acquisition, including

Answer 24

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.

Question 25

Requirements Documents 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:

Answer 25

* 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

Question 26

Market Acceptance The head of an agency may require offerors to demonstrate that the items offered have either

Answer 26

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.

Question 27

Market Acceptance Criteria for demonstrating an item's commercial market acceptance shall:

Answer 27

* 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

Question 28

MarketAcceptance Commercial market acceptance shall not

Answer 28

be used as a sole criterion to evaluate whether an item meets the government's requirements.

Question 29

Using Brand-Name Specifications

Answer 29

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.

Question 30

Delivery and Performance Schedules Time of delivery or performance must be

Answer 30

realistic and clearly stated within the solicitation. Unreasonable delivery or performance schedules are inconsistent with small business policy, may restrict competition, and may result ni higher contract prices.

Question 31

Delivery and Performance Schedules For supplies or services, relevant factors when establishing a contract delivery or performance schedule include:

Answer 31

* 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

Question 32

Delivery and Performance Schedules Additional relevant factors when establishing a contract delivery or performance schedule for construction include:

Answer 32

* 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

Question 33

LiquidatedDamages FAR 11.500 prescribes policies and procedures for using liquidated damages clauses ni solicitations and contracts for

Answer 33

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.

Question 34

Use liquidated damages clauses only when:

Answer 34

* 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.

Question 35

Liquidated Damages The amount to be paid as liquidated damages is generally expressed as

Answer 35

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.

Question 36

Priorities and Allocations The Defense Priorities and Allocations System (DPAS) authorizes the use of priorities to

Answer 36

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.

Question 37

Priorities and Allocations

Answer 37

DX = #1 First rated and second rated treated equally DO = #2 First rated and second rated treated equally Unrated = #3 First rated and second rated treated equally

Question 38

Variation in Quantity For construction, variation in estimated quantities of unit- priced items may be authorized.

Answer 38

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.

Question 39

FAR PART 11. DESCRIBING AGENCY NEEDS A. POLICY (FAR 11.002) Agencies shall specify needs using

Answer 39

market research in a manner designed to promote full and open competition and only include restrictive provisions or conditions to the extent necessary to satisfy the needs of the agency or as authorized by

Question 40

Acquisition officials, to the maximum extent practicable, should state requirements with respect to an acquisition of supplies or services in terms

Answer 40

*Functions to be performed, * Performance required, or * Essential physical characteristics.

Question 41

Acquisition officials should define requirements in terms that enable and encourage offerors to supply

Answer 41

commercial items, or to the extent that commercial items suitable to meet the agency's needs are not available, nondevelopmental items, in response to the agency solicitations. Offerors of commercial items and nondevelopmental items should be provided an opportunity to compete in any acquisition to fill such requirements. Prime contractors and subcontractors at all tiers should be required to incorporate commercial items or nondevelopmental 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, nondevelopmental

Question 42

In the process of defining government requirements for products and services, various statutes and executive orders require consideration

Answer 42

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.

Question 43

Additionally, the Metric Conversion Act of 1975, as amended by the Omnibus Trade and Competitiveness Act of 1988, requires that each agency

Answer 43

use the metric system of measurement in its acquisitions, except to the extent that such use is impracticable or is likely to cause significant inefficiencies or loss of markets to United States firms. Requiring activities are responsible for establishing guidance implementing this policy in formulating their requirements of acquisitions.

Question 44

While the use of performance specifications is preferred to encourage offerors to propose innovative solutions, the use of

Answer 44

brand name or equal purchase descriptions may be advantageous under certain circumstances. "Brand name or equal" purchase descriptionsinclude, 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. (See FAR 11.104.)

Question 45

B. DELIVERY OR PERFORMANCE SCHEDULES (FAR 11.4) Time of delivery/performance must

Answer 45

be realistic and clearly stated within the solicitation. Unreasonable delivery or performance schedules are inconsistent with small business policy, may restrict competition, and may result in higher contract prices. Factors to be considered in establishing schedules are listed in FAR 11.402. Contract delivery or performance may be expressed in terms of specific calendar dates, specific periods from the date of the contract or from the date of receipt by the contractor of the notice of award or acceptance by the government, or specific time for delivery after receipt the contractor of each individual order issued under the contract.

Question 46

C. LIQUIDATED DAMAGES (FAR 11.5) This section contains policies and procedures for using liquidated damages clauses in solicitations and contracts for supplies, services, research and development, and construction. This subpart does not apply to liquidated damages for subcontracting plans (see 19.705-7) or liquidated damages related to the Contract Work Hours and Safety Standards (Contract Work Hours and Safety Standards Act). (See subpart 22.3.) The contracting officer must consider

Answer 46

the potential impact on pricing, competition, and contract administration before using a liquidated damages clause. Liquidated damages clauses should be used only when (1) 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 (2) the extent or amount of such damage would be difficult or impossible to estimate accurately or prove. Liquidated damages are not punitive in nature nor are they negative performance incentives (see 16.402-2). Liquidated damages are used to compensate the government for the probable damages it will experience. Therefore, the liquidated damages rate must be a reasonable forecast of fair compensation for the harm that will be caused by late delivery or untimely performance of the particular contract.

Question 47

D. PRIORITIES AND ALLOCATIONS (FAR 11.6) The Defense Priorities and Allocations System (DPAS) authorizes the use of priorities to require

Answer 47

that contracts in support of the national defense be accepted and performed on a preferential or priority basis over all other contracts, and to allocate materials and facilities in such a manner as to promote the national defense. There are two levels of priority, identified by the rating symbols "DO" and "DX." DO-rated orders have equal priority with each other and take preference over unrated orders. DX-rated orders have equal priority with each other and take preference over both DO-rated and unrated orders.

Question 48

E. VARIATION IN QUANTITY (FAR 11.7) The government may authorize the acceptance of a variation in the quantities delivered under a fixed-price supply contract.

Answer 48

There should be no standard or usual variation percentage, and the variance amount should be based on the normal commercial practices of a particular industry. Generally, the difference should not exceed 10 percent, unless a different limitation is established by agency regulations. Consideration shall be given to the quantity to which the percentage variation applies.