48 CFR Part 511 — Describing Agency Needs

PART 511—DESCRIBING AGENCY NEEDS Authority: 40 U.S.C. 121(c). Source: 64 FR 37209, July 9, 1999, unless otherwise noted. Subpart 511.1—Selecting and Developing Requirements Documents 511.171 Requirements for GSA Information Systems. (a) CIO coordination. https://insite.gsa.gov/itprocurement. (b) GSA requirements. e.g., (1) CIO 09-48, IT Security Procedural Guide: Security and Privacy IT Acquisition Requirements; (2) CIO 12-2018, IT Policy Requirements Guide. (c) Waivers. CIO 09-48, IT Security Procedural Guide: Security and Privacy IT Acquisition Requirements CIO 12-2018, IT Policy Requirements Guide (2) The waiver request must provide the following information— (i) The description of the procurement and GSA Information Systems involved; (ii) Identification of requirement requested for waiver; (iii) Sufficient justification for why the requirement should be waived; and (iv) Any residual risks posed by waiving the requirement. (3) Waivers must be documented in the contract file. (d) Classified information. [87 FR 7395, Feb. 9, 2022; 87 FR 8964, Feb. 17, 2022] Subpart 511.2—Using and Maintaining Requirements Documents 511.204 Contract clauses. (a) Specifications and drawings. (b) Clauses for supply contracts that exceed the simplified acquisition threshold. (1) The clause at 552.211-73, Marking, in solicitations and contracts for supplies when deliveries may be made to both civilian and military activities. (2) The clause at 552.211-75, Preservation, Packaging, and Packing, in solicitations and contracts for supplies. The contracting officer may also include the clause in contracts estimated to be at or below the simplified acquisition threshold when appropriate. Use the clause with its Alternate I in solicitations and contracts for all Federal Supply Schedule contracts. (3) A clause substantially the same as the clause at 552.211-76, Charges for Packaging, Packing, and Marking, in solicitations and contracts for supplies to be delivered to GSA distribution centers. (4) The clause at 552.211-85, Consistent Pack and Package Requirements, in solicitations and contracts for supplies when deliveries may be made to both civilian and military activities. (5) The clause at 552.211-86, Maximum Weight Per Shipping Container, in solicitations and contracts for supplies when deliveries may be made to both civilian and military activities. (6) The clause at 552.211-87, Export Packing, in solicitations and contracts for supplies when deliveries may be made to both civilian and military activities. (7) The clause at 552.211-88, Vehicle Export Preparation, in solicitations and contracts for supplies when deliveries may be made to both civilian and military activities. (8) The clause at 552.211-89, Non-Manufactured Wood Packaging Material for Export, in solicitations and contracts for supplies when deliveries may be made to both civilian and military activities overseas. (9) The clause at 552.211-90, Small Parts, in solicitations and contracts for supplies when deliveries may be made to both civilian and military activities. (10) The clause at 552.211-91, Vehicle Decals, Stickers, and Data Plates, in solicitations and contracts for supplies when deliveries may be made to both civilian and military activities. (11) The clause at 552.211-92, Radio Frequency Identification (RFID) using Passive Tags, in solicitations and contracts for supplies when deliveries may be made to military activities. (c) Supply contracts. [86 FR 55518, Oct. 6, 2021] Subpart 511.4—Delivery or Performance Schedules 511.404 Contract clauses. (a) Supplies or services. Shelf-life items. (i) The clause at 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 and when required by the program director, use the clause with its Alternate I. (ii) The clause at 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. (2) Stock replenishment contracts. (3) Indeterminate testing time. (4) Stock program time of delivery. (b) Construction. (1) The clause at 552.211-10, Commencement, Prosecution, and Completion of Work. (2) The clause at 552.211-70, Substantial Completion. [86 FR 55518, Oct. 6, 2021] Subpart 511.5—Liquidated Damages Source: 84 FR 3716, Feb. 13, 2019, unless otherwise noted. 511.503 Contract clauses. (a) Insert the clause at 552.211-12, Liquidated Damages-Construction, in solicitations and contracts for construction, other than cost-plus-fixed-fee, when the contracting officer determines that liquidated damages are appropriate (see FAR 11.501(a)). (b) Insert the clause at 552.211-13, Time Extensions, in solicitations and contracts for construction that includes the clause at 552.211-12. [86 FR 55518, Oct. 6, 2021] Subpart 511.6—Priorities and Allocations Source: 69 FR 55934, Sept. 16, 2004, unless otherwise noted. 511.600 Scope of subpart. Pursuant to the Defense Priorities and Allocations System (DPAS) Delegation 3, the Department of Commerce (DOC) has delegated to GSA the authority to use the DPAS under certain conditions. DPAS Delegation 3 restricts use of DPAS authority to GSA supply system procurement in support of the Department of Defense (DoD), Department of Energy (DoE), and Federal Emergency Management Agency (FEMA) approved programs. [74 FR 66254, Dec. 15, 2009] 511.601 [Reserved] 511.602 General. (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 to the DOC authority to administer the DPAS. Within the DOC, the Office of Strategic Industries and Economic Security (SIES) is assigned responsibility for DPAS implementation, administration, and compliance. (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) The authority delegated to GSA shall not be used to support the procurement of any product or service that— (1) Are commonly available in commercial markets for general consumption; (2) Do not require major modification when purchased for approved program use; (3) Are readily available in sufficient quantity so as to cause no delay in meeting approved program requirements; or (4) Are to be used primarily for administrative purposes (including Federal Supply Classification (FSC) classes, groups, or items), such as for personnel or financial management. The Commissioner, FAS, shall issue additional guidance, as may be necessary, to ensure effective implementation of its delegated DPAS authority. [74 FR 66254, Dec. 15, 2009, as amended at 86 FR 68442, Dec. 2, 2021] 511.603 Procedures. (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. FAR 11.604 requires contracting officers to insert the provision at 52.211-14, Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use, in solicitations when the contract or order to be awarded will be a rated order and to insert the clause at 52.211-15, Defense Priority and Allocation Requirements, in contracts that are rated orders. (b) In addition to the FAR provision and clause referenced in paragraph (a) of this section, the contract or order must include the following ( see (1) The appropriate priority rating symbol ( i.e., (2) A required delivery date. The words “as soon as possible” or “immediately” do not constitute a required delivery date. Use of either 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)”. (c) Multiple and Single Award Schedule contracts are not rated at time of award. [74 FR 66254, Dec. 15, 2009]

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