Describing Agency Needs FAR Part 11 Describing Agency Needs

Overview Policy Delivery or Performance Schedules Why? Priorities and Allocations Requirements Package Brand Name or Equal One manufacturer Service Contracts Identification & Availability of Specifications Acceptable Material

Policy 11.002 Fulfills requirements of : 10 U.S.C.2305(a)(1) – Contracts: planning, solicitation, evaluation, and award procedures 10 U.S.C. 2377 – Preference for acquisition of commercial items 41 U.S.C. 264b – Preference for commercial items Essentially it is the building block upon which your acquisition will be made

Why? To promote full and open competition Provide a standard to which supplies or services should state requirements Use of metric system as preferred system of weights & measurements for US Trade and commerce Allow for comment from contractors – To the extent practicable and consistent with Subpart 9.5, potential offerors should be given an opportunity to comment on agency requirements or to recommend application and tailoring of requirements documents and alternative approaches. ● Agencies SHALL: (1)Specify needs using market research in a manner designed to— (i) Promote full and open competition (see Part 6), 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. (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; ● The Metric Conversion Act of 1975, as amended by the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C.205a, et. seq.), designates the metric system of measurement as the preferred system of weights and measures for United States trade and commerce ● To the extent practicable and consistent with Subpart 9.5, potential offerors should be given an opportunity to comment on agency requirements or to recommend application and tailoring of requirements documents and alternative approaches. ● When agencies acquire products and services, various statutes and executive orders (identified in part 23) require consideration of sustainable acquisition: > Energy and water efficient services and products > Products & Services that utilize renewable energy technologies > Products containing recovered materials > Biobased products > Environmentally preferable products & services (non-toxic and low toxic alternatives) >Non Ozone depleting substances ● Section 508 deals with requirements that must be met for documents for electronic and information technology unless Chief Information Officer (CIO) waivers the requirement

Requirements Package FAR 11.101 states that: 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). (See 2.101.) (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.

Brand Name or Equal 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.

Example of Brand Name or Equal Brand name or Equal to Sharpie. Black fine tip, quick drying, alcohol based ink that is water proof and non-toxic marker.

Example Brand Name or Equal Brand Name or Equal to Smead 6-part red folder. Red, letter size, two internal dividers 17 pt. thickness, 6 part. Heavy duty external folder 25 pt. pressboard.

Example of Brand Name or Equal This is an example of one that you would want to go back to the customer prior to purchasing to ensure that it met their needs. For example if they work in the hydraulic shop they may want to have a boot with a rugged sole so they didn’t slip and fall getting in and out of the pit. Or if they worked on the flightline they could need more rubber on the bottom due to wear and tear of working on the flight line. Brand Name or Equal to Bellevue hot weather boot. Hot weather, sage green, lace up, steel toed, combat boot

One Manufacturer Agencies shall not write requirements as to require a particular brand-name product or feature that limits to one manufacturer unless: It is essential to the Government’s requirements and market research indicates other companies’ similar products are lacking. Requires Justifications and Approvals (J&A) for other than full and open competition

Service Contracts Inherently Governmental stays within Govt. (FAR 7.5) Directing/Commanding Approval Decision points/making decisions Checks & Balances Requires proper identification of contractor personnel to Government officials Requires marking of all documents or reports produced by contractor When crafting PWS this needs to be addressed and maintained.

Identification & Availability of Specifications GSA Index of Federal Specifications, Standards and Commercial Item Descriptions DoD Acquisition Streamlining and Standardization Information System (ASSIST) Other Agency index shall identify information. These resources provide a list of items/specifications that have already been ‘vetted’ for government use

Acceptable Material Agencies are to avoid virgin material or supplies unless compelled by law or regulation or is vital for safety or meeting performance requirements Paper – Executive Order 13423 and Executive Order 13514 requires 30% post consumer fiber content in paper for writing or printing

Delivery Performance Schedules Supplies/Services establishing schedule is dependent: Urgency Industry Practices Market conditions Transportation time Production Time Capabilities of small business Administration time Time for contractor to comply with conditions Time for Govt. to perform its obligations (ex. GFP) CO may express desired delivery dates in solicitation or use a delivery clause.

Delivery Performance Schedules Construction schedule is dependent: Nature/Complexity Seasons Completion Date Material and Equipment Availability Capacity of contractor to perform Use of multiple completion dates Construction CO shall insert Commencement, Prosecution, and Completion of work clause in solicitations and contracts with Fixed-price is contemplated.

Priorities and Allocations Implements the Defense Priorities and Allocations System (DPAS) which is required per 15 CFR part 700 President delegated to Secretary of Commerce the a ability to require preferential acceptance and performance of contracts and orders supporting certain national defense and energy programs DO orders take precedence over unrated orders DX orders take precedence over DO orders Commercial items are normally unrated and are not put into DPAS.

Variations in Quantity Supply Contact – must be fixed price No standard or usual variation percentage; variation percentage shall not exceed +/- 10% unless different limitation is established in agency regulations Qtys up to $250 in value may be retained without compensating contractor Qtys over $250 in value may, @ Govt’s option, be retuned @ contractors expense or retained & paid for

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