(i)The authority to contract without providing for full and open competition is supported by the required justifications and approvals (see 6.302-1); or (c)The contracting officer shall insert a provision substantially the same as the provision at 52.211-3, Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, in solicitations that cite specifications that are not listed in the Index and are not furnished with the solicitation, but may be obtained from a designated source. 11.106 Purchase descriptions for service contracts.            (1)Be restricted to documents, or appropriate portions of documents, that apply in the acquisition; This subpart implements the Defense Priorities and Allocations System (DPAS), a Department of Commerce regulation in support of approved national defense, emergency preparedness, and energy programs (see 15 CFR part 700). National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 22161, Telephone (703) 605-6000, Facsimile (703) 605-6900, Email: orders@ntis.gov. (i)Energy-efficient and water-efficient services and products (including products containing energy-efficient standby power devices) (subpart 23.2); (ii)Products and services that utilize renewable energy technologies (subpart 23.2); (iii)Products containing recovered materials (subpart 23.4); (v)Environmentally preferable products and services, including EPEAT®-registered electronic products and non-toxic or low-toxic alternatives (subpart 23.7); and. The clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts.            (4)Specific time for delivery after receipt by the contractor of each individual order issued under the contract, as in indefinite delivery type contracts and GSA schedules.

91–269, 66 FR 41116, Aug. 6, 2001; 72 FR 7739, Feb. 20, 2007]. (a)Include the applicable liquidated damages clause and liquidated damages rates in solicitations when the contract will contain liquidated damages provisions.

(b)The Delegate Agencies have been given authority by the Department of Commerce to place rated orders in support of approved programs (see Schedule I of the DPAS). 11.101 Order of precedence for requirements documents. (a) 41 U.S.C.3307(e) provides that, in accordance with agency procedures, the head of an agency may, under appropriate circumstances, require offerors to demonstrate that the items offered-            (3)Not conflict with other documents and provisions of the solicitation; and 0000001893 00000 n            (1)For subcontracting plans (see 19.705-7); § 11.3 - Definitions. Contracting officers shall ensure that delivery or performance schedules are realistic and meet the requirements of the acquisition. Any permissible variation shall be stated as a percentage and it may be an increase, a decrease, or a combination of both; however, contracts for subsistence items may use other applicable terms of variation in quantity. (c)The contracting officer must take all reasonable steps to mitigate liquidated damages.            (1)Have either- One exception is noted – if some other regulation specifically requires ink, that regulation supersedes Part 11. 11.801 Preaward in-use evaluation. (c)Require suitable marking of all documents or reports produced by contractors.

The permissible variation shall not exceed plus or minus 10 percent unless a different limitation is established in agency regulations. Use of the provision is optional for agencies that report their use of voluntary consensus standards to the National Institute of Standards and Technology using the categorical reporting method. (3)Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by- (4)Identify all applicable first tier references. (a)Include the applicable liquidated damages clause and liquidated damages rates in solicitations when the contract will contain liquidated damages provisions. (b)In accordance with OMB Circular A-119, "Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities," and Section 12(d) of the National Technology Transfer and Advancement Act of 1995, Pub. (d)Commercial market acceptance shall not be used as a sole criterion to evaluate whether an item meets the Government’s requirements.

The contractor may request an extension of time if the quantity variation is such as to cause an increase in the time necessary for completion. 11.404 Contract clauses.

App.2061, etseq.

In drafting purchase descriptions for service contracts, agency requiring activities shall ensure that inherently governmental functions (see subpart  7.5) are not assigned to a contractor.

(b)There should be no standard or usual variation percentage.
(b)Liquidated damages are not punitive and are not negative performance incentives (see 16.402-2). 0000017209 00000 n

Home > Aviation Regulations > Parts Index > Part 43 > Sec. 11.001 Definitions. (a)A fixed-price supply contract may authorize Government acceptance of a variation in the quantity of items called for if the variation is caused by conditions of loading, shipping, or packing, or by allowances in manufacturing processes. 11.603 Procedures. %PDF-1.7 %âãÏÓ The National Institute of Standards and Technology can assist agencies in identifying sources for, and content of, nongovernment standards.

(1)Reflect the minimum need of the agency and are reasonably related to the demonstration of an item’s acceptability to meet the agency’s minimum need; (2)Relate to an item’s performance and intended use, not an offeror’s capability; (4)Include consideration of items supplied satisfactorily under recent or current Government contracts, for the same or similar items; and. (c)The contracting officer shall insert the clause at 52.211-18, Variation in Estimated Quantity, in solicitations and contracts when a fixed-price construction contract is contemplated that authorizes a variation in the estimated quantity of unit-priced items. (4)Standards, specifications and related publications issued by the Government outside the Defense or Federal series for the non-repetitive acquisition of items. Agency regulations regarding specification management describe which method is used. For the "hard copy" produced from electronic source to be the authoritative document, it must be a complete and accurate copy of the electronic source.

11.101 Order of precedence for requirements documents. 11.201 Identification and availability of specifications. The clauses and their alternates may be used in solicitations and contracts for other than construction and architect-engineering substantially as shown, or they may be changed or new clauses written. App.            (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 For those items permitted to be inoperative under §91.213(d)(2) of this chapter, that person shall place a placard, that meets the aircraft's airworthiness certification regulations, on each inoperative instrument and the cockpit control of each item of inoperative equipment, marking it “Inoperative,” and shall add the items to the signed and dated list of discrepancies given to the owner or lessee. (3)Detailed design-oriented documents.            (1)The requirements document must be furnished with the solicitation to enable prospective contractors to make a competent evaluation of the solicitation; (b)The Delegate Agencies have been given authority by the Department of Commerce to place rated orders in support of approved programs (see Schedule I of the DPAS). (b)Liquidated damages are not punitive and are not negative performance incentives (see 16.402-2).


(a)The contracting officer may express contract delivery or performance schedules in terms of- 11.202 Maintenance of standardization documents. (a)Use the clause at 52.211-11, Liquidated Damages-Supplies, Services, or Research and Development, in fixed-price solicitations and contracts for supplies, services, or research and development when the contracting officer determines that liquidated damages are appropriate (see 11.501(a)). (a)The contracting officer shall insert the provision at 52.211-1, Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, in solicitations that cite specifications listed in the Index that are not furnished with the solicitation.

           (1)Documents mandated for use by law.            (1)Tend to restrict competition,                 (iv)Require prime contractors and subcontractors at all tiers under the agency contracts to incorporate commercial items or nondevelopmental items as components of items supplied to the agency; and

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