48 C.F.R. PART 511—DESCRIBING AGENCY NEEDS
Title 48 - Federal Acquisition Regulations System
Authority: 40 U.S.C. 121(c).
Source: 64 FR 37209, July 9, 1999, unless otherwise noted.
(a) Include the following immediately after each brand name or equal item description, with instructions for the offeror to complete the information:
Offering on: (b) If the solicitation does not require samples for “or equal” offers, include the following notice in the list of brand name or equal items or component parts:
Notice If you offer other than brand name items identified in this solicitation, you must provide adequate information for GSA to determine the quality of the product(s) offered. (c) If you use brand name or equal purchase descriptions for some component parts of an end item, you may limit the application of the provision at FAR 52.211–6 to the specified components [64 FR 37209, July 9, 1999. Redesignated and amended at 65 FR 41378, July 5, 2000] (a) Construction services. Insert the clause at 552.211–71, Standard References, in solicitations and contracts for construction services when you expect the contract amount to exceed the simplified acquisition threshold, and the solicitation meets either of the following conditions: (1) The solicitation cites documents or publications not furnished with the solicitation. (2) The solicitation incorporates documents or publications by reference. (b) Federal specifications. Insert the clause at 552.211–72, Reference to Specifications in Drawings, in solicitations and contracts citing Federal specifications which contain drawings. (c) Supply contracts that exceed the simplified acquisition threshold. (1) Include the clause at 552.211–73, Marking, in solicitations and contracts for supplies when deliveries may be made to both civilian and military activities and the contract amount is expected to exceed the simplified acquisition threshold. (2) Include the clause at 552.211–74, Charges for Marking, in solicitations and contracts that include the clause at 552.211–73 or a similar clause. (3) Include the clause at 552.211–75, Preservation, Packaging and Packing, in solicitations and contracts for supplies expected to exceed the simplified acquisition threshold. You may also include the clause in contracts estimated to be at or below the simplified acquisition threshold when appropriate. In solicitations and contracts for FSS Schedule 70 and the Consolidated Products and Services Schedule containing information technology Special Item Numbers, use Alternate I. (4) Insert a clause substantially the same as the clause at 552.211–76, Charges for Packaging and Packing, in solicitations and contracts for supplies to be delivered to GSA distribution centers. (d) Supply contracts. Include the clause at 552.211–77, Packing List, in solicitations and contracts for supplies, including purchases over the micropurchase threshold. In solicitations and contracts for FSS Schedule 70 and the Consolidated Products and Services Schedule containing information technology Special Item Numbers, use Alternate I. [64 FR 37209, July 9, 1999, as amended at 68 FR 24378, May 7, 2003; 68 FR 28065, May 18, 2004] (a) Supply contracts.—(1) Single award schedules. Insert 552.211–8, Time of Delivery, in solicitations and contracts instead of the clause at FAR 52.211–8. If you need to show different delivery times for different items or groups of items, use Alternate I. (2) Multiple award schedules. Insert 552.211–78, Commercial Delivery Schedule (Multiple Award Schedule), in solicitations issued and contracts awarded under the multiple award schedule program. (3) Shelf-life items. Use the following clauses in solicitations and contracts that require delivery of shelf-life items within a specified number of months from the date of manufacture or production (see 101–27.206–2 of the Federal Property Management Regulation): (i) Insert 552.211–79, Acceptable Age of Supplies, if the required shelf-life period is 12 months or less, and lengthy acceptance testing may be involved. For items having a limited shelf-life, substitute Alternate I when required by the director of the commodity center concerned. (ii) Insert 552.211–80, Age on Delivery, if the required shelf-life period is more than 12 months, or when source inspection can be performed within a short time period. (4) Stock replenishment contracts. Insert 552.211–81, Time of Shipment, in solicitations and stock replenishment contracts that do not include the Availability for Inspection, Testing and Shipment/Delivery clause at 552.211–83 and require shipment within 45 calendar days after receipt of the order. If shipment is required in more than 45 days, use Alternate I. (5) Notice of shipment. Include 552.211–82, Notice of Shipment, in solicitation and contracts for supplies when you need to have a notice of shipment from the contractor. (6) Indeterminate testing time. Insert 552.211–83, Availability for Inspection, Testing and Shipment/Delivery, in solicitations and contracts that provide for source inspection by Government personnel and that require lengthy testing for which time frames cannot be determined in advance. If the contract is for stock items, use Alternate I. (b) Construction contracts. Insert the clause at 552.211–84, Non-Compliance with Contract Requirements, in solicitations and contracts for construction when you expect the contract amount to exceed the simplified acquisition threshold. Source: 69 FR 55934, Sept. 16, 2004, unless otherwise noted.
FAR Subpart 11.6 implements the Defense Priorities and Allocations System (DPAS), a Department of Commerce (DOC) regulation (15 CFR part 700) to assure timely delivery of industrial resources (products, materials, and services) in support of approved national defense, energy, and civil emergency preparedness (Homeland Security) programs. Pursuant to DPAS Delegation 3, DOC delegated GSA the authority to use the DPAS in support of the GSA Federal Supply system. This subpart implements the DPAS within GSA. As used in this subpart— Approved program means a program determined as necessary or appropriate for priorities and allocations support to promote the national defense by the Secretary of Defense, the Secretary of Energy, or the Department of Homeland Security Under Secretary for Emergency Preparedness and Response under the authority of the Defense Production Act, the Stafford Act, and Executive Order 12919, or the Selective Service Act and related statutes, and Executive Order 12742. See Schedule 1 of 15 CFR part 700 for a list of Delegate Agencies, approved programs, and program identification symbols at http://www.bis.doc.gov/DefenseIndustrialBasePrograms/OSIES/DPAS/Default.htm. Authorized person means a Delegate Agency, or other entity either permitted under 15 CFR part 700, or explicitly authorized by DOC to issue DPAS rated orders. Defense Priorities and Allocations System (DPAS) means the regulation published at 15 CFR part 700 that requires preferential treatment for certain contracts and orders placed by a Delegate Agency in support of an approved program. Delegate Agency means an agency of the U.S. Government authorized by delegation from DOC to place priority ratings on contracts or orders needed to support approved programs. Rated order means a prime contract, a subcontract, a purchase order, or a delivery or task order in support of an approved program issued in accordance with the provisions of the DPAS regulation (15 CFR part 700). (a) The purpose of the DPAS is to assure the timely availability of industrial resources to meet current national defense, energy, and civil emergency preparedness program requirements and to provide an operating system to support rapid industrial response in a national emergency. The primary statutory authority for the DPAS is Title I of the Defense Production Act of 1950, as amended, with additional authority from the Selective Service Act of 1948, and the Robert T. Stafford Disaster Relief and Emergency Assistance Act. Executive Orders 12919 and 12742 delegate this authority to the DOC to administer the DPAS.The DOC is further authorized to redelegate to heads of other departments and agencies (Delegate Agencies) authority under the DPAS for the priority rating of contracts and orders in support of approved programs. Within the DOC, the Office of Strategic Industries and Economic Security (SIES) is assigned the implementation, administration, and compliance responsibilities for the system. (b) The DPAS is published in the Code of Federal Regulations at 15 CFR part 700. This regulation provides an overview, a detailed explanation of operations and procedures, and other implementing guidance, including information on special priorities assistance and compliance. (c) Orders placed under DPAS are “rated orders.” Rated orders must receive preferential treatment only as necessary to meet delivery requirements. Rated orders are identified by a rating symbol of either “DX” or “DO” followed by a program identification symbol. All “DO” rated orders have equal priority with each other and take preference over unrated orders. All “DX” rated orders have equal priority with each other and take preference over “DO” rated orders and unrated orders. A program identification symbol indicates which approved program is supported by the rated order. (d) Only authorized persons may place an order containing a DPAS priority rating. (e) Within GSA, the Federal Supply Service (FSS) has been delegated the authority to issue rated orders to meet approved national defense, energy, and civil emergency preparedness program requirements of the supply distribution program. The Commissioner, FSS, shall issue additional guidance, as may be necessary, to ensure effective implementation of its delegated DPAS authority, such as the exclusions listed in paragraph F(2) of the 1998 DOC DPAS Delegation 3. (f) Executive Order 12919 defines the jurisdictional limitations as set forth in 15 CFR 700.18(b). (a) A DPAS rating may be placed against an entire contract at time of award or an individual order issued under an existing, otherwise unrated, contract. (b) When a DPAS rating is placed against an entire contract, the contracting officer must include the clause and provision prescribed at FAR 11.604, as well as the elements listed in paragraphs (c)(1) through (c)(3) of this section (see 15 CFR 700.12). (c) When a DPAS rating is placed against an individual order issued under an existing, otherwise unrated, contract, the order must include the following elements (see 15 CFR 700.12): (1) The appropriate priority rating symbol (i.e., either “DO” or “DX”) along with the program identification symbol. As required by the 1998 DOC DPAS Delegation 3 to GSA, when GSA contracting officers place DO rated orders, they will use program identification symbol K1. When placing a DX rated order for other agencies, GSA contracting officers will use the requesting agency program identification symbol. When a Delegate Agency places its own orders, it uses its own program identification symbol. (See Schedule 1 of 15 CFR part 700 for a listing of Delegate Agencies, approved programs, and program identification symbols.) (2) A required delivery date. The words “as soon as possible” or “immediately” do not constitute a required delivery date. A specific date or a specified number of days ARO (after receipt of order) is acceptable. (3) The written signature on a manually placed order, or the digital signature or name on an electronically placed order of an individual authorized to place rated orders. (4) A statement that reads substantially as follows:
“This is a rated order certified for national defense use, and you are required to follow all the provisions of the Defense Priorities and Allocations System regulation (15 CFR part 700).” (d) Multiple and Single Award Schedule contracts are not rated at time of award. Individual DPAS rated orders must include the elements listed in paragraphs (c)(1) through (c)(4) of this section. The contracting officer must insert in full text the clause at 552.211–15, Defense Priorities and Allocations System Requirements, in Single and Multiple Award Schedule solicitations and resultant contracts, except where the contract is wholly for products, materials, or services excluded from DPAS applicability (see 15 CFR 700.18).
Title 48: Federal Acquisition Regulations System
PART 511—DESCRIBING AGENCY NEEDS
Section Contents
511.104 Use of brand name or equal purchase descriptions.
511.104-70 Solicitation provisions.
511.204 Solicitation provisions and contract clauses.
511.404 Contract clauses.
511.600 Scope of subpart.
511.601 Definitions.
511.602 General.
511.603 Procedures.
511.604 Solicitation provision and contract clause.
Subpart 511.1—Selecting and Developing Requirements Documents
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511.104 Use of brand name or equal purchase descriptions.
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511.104-70 Solicitation provisions.
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Brand____________________
Model or Part No.____________________Subpart 511.2—Using and Maintaining Requirements Documents
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511.204 Solicitation provisions and contract clauses.
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Subpart 511.4—Delivery or Performance Schedules
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511.404 Contract clauses.
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Subpart 511.6—Priorities and Allocations
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511.600 Scope of subpart.
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511.601 Definitions.
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511.602 General.
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511.603 Procedures.
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511.604 Solicitation provision and contract clause.
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