FAR Part 11Describing Agency Needs

OverviewPolicyWhy?Requirements PackageBrand Name or EqualOne manufacturerService ContractsIdentification &

Availability of Specifications

Acceptable Material

Delivery or Performance Schedules

Priorities and Allocations

Policy 11.002Fulfills 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

Why?To promote full and open competitionProvide a standard to which supplies or services

should state requirementsUse of metric system as preferred system of weights

& measurements for US Trade and commerceAllow 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.

Requirements PackageFAR 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 EqualBrand 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

Brand Name or Equal to Bellevue hot weather boot. Hot weather, sage green, lace up, steel toed, combat boot

One ManufacturerAgencies 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 ContractsInherently Governmental stays within Govt.

(FAR 7.5)Directing/CommandingApprovalDecision points/making decisions

Checks & BalancesRequires proper identification of contractor

personnel to Government officialsRequires marking of all documents or reports

produced by contractor

Identification & Availability of SpecificationsGSA Index of Federal Specifications,

Standards and Commercial Item DescriptionsDoD 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 MaterialAgencies are to avoid virgin material or

supplies unless compelled by law or regulation or is vital for safety or meeting performance requirementsPaper – Executive Order 13423 and Executive

Order 13514 requires 30% post consumer fiber content in paper for writing or printing

Delivery Performance SchedulesSupplies/Services establishing schedule is

dependent:UrgencyIndustry PracticesMarket conditionsTransportation timeProduction TimeCapabilities of small businessAdministration timeTime for contractor to comply with conditionsTime for Govt. to perform its obligations (ex. GFP)

Delivery Performance SchedulesConstruction schedule is dependent:

Nature/ComplexitySeasonsCompletion DateMaterial and Equipment AvailabilityCapacity of contractor to performUse of multiple completion dates

Priorities and AllocationsImplements the Defense Priorities and

Allocations System (DPAS) which is required per 15 CFR part 700President 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

Variations in QuantitySupply 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

Questions?