TABLE OF CONTENTS
211.002 Policy.
211.002-70 Contract clause.
SUBPART 211.2--USING AND MAINTAINING REQUIREMENTS
DOCUMENTS
211.201 Identification and availability of specifications.
211.204 Solicitation provisions and contract clauses.
211.270 Brand name or equal purchase descriptions.
211.270-1 Policy.
211.270-2 Solicitation provision.
211.271 Elimination of use of class I ozone-depleting substances.
211.272 Alternate preservation, packaging, and packing.
211.273 Substitutions for military or Federal specifications and standards.
211.273-1 Definition.
211.273-2 Policy.
211.273-3 Procedures.
211.273-4 Contract clause.
SUBPART 211.5--LIQUIDATED DAMAGES
211.504 Contract clauses.
SUBPART 211.6--PRIORITIES AND ALLOCATIONS
211.602 General.
All systems acquisition programs in the DoD are subject to the acquisition streamlining policies and procedures in DoDI 5000.2, Defense Acquisition Management Policies and Procedures.
Use the clause at 252.211-7000, Acquisition Streamlining, in all solicitations and contracts for systems acquisition programs.
SUBPART 211.2--USING AND MAINTAINING REQUIREMENTS DOCUMENTS
211.201 Identification and availability of specifications.
(a) The DoD index of data item descriptions is DoD 5010.12-L, Acquisition Management Systems and Data Requirements Control List (AMSDL).
(b) Also, furnish data item descriptions which are not listed in the AMSDL, except when it is not feasible, e.g., documents are bulky or only a limited number of copies are available at the contracting activity.
(d) The AMSDL, all unclassified specifications and standards listed in the DODISS, and data item descriptions listed in the AMSDL may also be purchased from the Standardization Documents Desk, Building 4D, 700 Robbins Avenue, Philadelphia, PA 19111-5094. Include with the letter or DD Form 1425-
(i) The requester's customer number; and
(ii) Complete return mailing address, including any "mark for" instructions.
211.204 Solicitation provisions and contract clauses.
(c) When contract performance requires use of specifications and standards which are not listed in the DODISS and data item descriptions which are not listed in the AMSDL, use provisions, as appropriate, substantially the same as those at 252.211-7001, Availability of Specifications and Standards Not Listed in DODISS, Data Item Descriptions Not Listed in DoD 5010.12-L, and Plans, Drawings, and Other Pertinent Documents, and 252.211-7002, Availability for Examination of Specifications, Standards, Plans, Drawings, Data Item Descriptions, and Other Pertinent Documents.
211.270 Brand name or equal purchase descriptions.
When a "brand name or equal" purchase description is used-
(a) The purchase description-
(1) Should include a complete common generic identification of the item.
(2) Should reference all known acceptable brand name products, to include-
(i) Name of manufacturer, producer, or distributor of each brand name product referenced (and address if not well known); and
(ii) Model, make, or catalog number for each, and identity of the commercial catalog in which it appears.
(3) May, if necessary to adequately describe an item, use a commercial catalog description or an extract from the catalog. Ensure that a copy of each catalog referenced (except parts catalogs) is available at the contracting office for review by offerors.
(4) Should give prospective offerors the opportunity to offer products other than those specifically referenced by brand name, as long as they meet the needs of the Government in essentially the same manner as the brand name product.
(5) Must identify those salient physical, functional, or other characteristics which are essential to the needs of the Government.
(b) The solicitation-
(1) Shall be at or below the simplified acquisition threshold in FAR Part 13.
(2) May require bid samples for "or equal" offers, but not for "brand name" offers.
(3) Must provide for full consideration and evaluation of "or equal" offers against the salient characteristic specified in the purchase description. Do not reject offers for minor differences in design, construction, or features which do not affect the suitability of the product for its intended use.
(4) Must include the following immediately after the item description-
Offering:
Manufacturer's Name__________Brand________Model or Part No._______
(c) The contract shall-
(1) Not exceed the simplified acquisition threshold in FAR Part 13.
(2) Identify, or incorporate by reference an identification of the specific products the contractor is to furnish. Include any brand name, make or model number, descriptive material, and any modifications of brand name products specified in the offer.
211.270-2 Solicitation provision.
(a) When a brand name or equal purchase description is included in a solicitation at or below the simplified acquisition threshold in FAR Part 13, use the provision at 252.211-7003, Brand Name or Equal.
(b) When component parts of an end item are described by brand name or equal purchase descriptions and application of the provision at 252.211-7003 to some or all of the components is impracticable, either do not use the provision or limit its application to specified components.
211.271 Elimination of use of class I ozone-depleting substances.
(a) Contracts. No DoD contract may include a specification or standard that requires the use of a class I ozone-depleting substance or that can be met only through the use of such a substance unless the inclusion of the specification or standard is specifically authorized at a level no lower than a general or flag officer or member of the Senior Executive Service of the requiring activity in accordance with Section 326, Pub. L. 102-484 (10 U.S.C. 2301 (repealed) note).
(b) Modifications.
(1) Contracts awarded before June 1, 1993, with a value in excess of
$10 million, that are modified or extended (including option exercise) and, as a result of the modification or extension will expire more than one year after the effective date of the modification or extension, must be evaluated in accordance with agency procedures for the elimination of ozone-depleting substances.
(i) The evaluation must be carried out within 60 days after the first modification or extension.
(ii) No further modification or extension may be made to the contract until the evaluation is complete.
(2) If, as a result of this evaluation, it is determined that an economically feasible substitute substance or alternative technology is available, the contracting officer shall modify the contract to require the use of the substitute substance or alternative technology.
(3) If a substitute substance or alternative technology is not available, a written determination shall be made to that effect at a level no lower than a general or flag officer or member of the Senior Executive Service of the requiring activity.
211.272 Alternate preservation, packaging, and packing.
Use the provision at 252.211-7004, Alternate Preservation, Packaging, and Packing, in solicitations which include military preservation, packaging, or packing specifications when it is feasible to evaluate and award using commercial or industrial preservation, packaging, or packing.
211.273 Substitutions for military or Federal specifications and standards.
"SPI process," as used in this section, is defined in the clause at 252.211-7005, Substitutions for Military or Federal Specifications and Standards.
(a) Under the Single Process Initiative (SPI), DoD accepts SPI processes in lieu of specific military or Federal specifications or standards that specify a management or manufacturing process.
(b) DoD acceptance of an SPI process follows the decision of a Management Council, which includes representatives from the Defense Contract Management Command, the Defense Contract Audit Agency, and the military departments.
(c) In procurements of previously developed items, SPI processes that previously were accepted by the Management Council shall be considered valid replacements for military or Federal specifications or standards, absent a specific determination to the contrary (see 211.273-3(c)).
(a) Solicitations for previously developed items shall encourage offerors to identify SPI processes for use in lieu of military or Federal specifications and standards cited in the solicitation. The solicitation shall require an offeror proposing to use an SPI process to include, in its response to the solicitation, documentation of the Government acceptance of the process.
(b) Contracting officers shall ensure that--
(1) Concurrence of the requiring activity has been or will be obtained for any proposed substitutions prior to contract award; and
(2) Any necessary additional information regarding the SPI process identified in the proposal is obtained from the cognizant administrative contracting officer.
(c) Any determination that an SPI process is not acceptable for a specific procurement shall be made at the head of the contracting activity or program executive officer level. This authority may not be delegated.
Use the clause at 252.211-7005, Substitutions for Military or Federal Specifications and Standards, in solicitations and contracts exceeding the micro-purchase threshold, when procuring previously developed items.
SUBPART 211.5---LIQUIDATED DAMAGES
(b) Use the clause at FAR 52.211-12, Liquidated Damages--Construction, in all construction contracts exceeding $500,000, except cost-plus-fixed-fee contracts or contracts where the contractor cannot control the pace of the work. Use of the clause in contracts of $500,000 or less is optional.
SUBPART 211.6--PRIORITIES AND ALLOCATIONS
DoD implementation of the Defense Priorities and Allocations System is in
DoDI 4400.1, Priorities and Allocations--Delegation of DO and DX Priorities and Allocations Authorities, Rescheduling of Deliveries and Continuance of Related Manuals.