PART 211 - DESCRIBING AGENCY NEEDS
All defense technology and acquisition programs in DoD are subject to the policies and procedures in DoDD 5000.01, The Defense Acquisition System, and DoDI 5000.02, Operation of the Defense Acquisition System.
SUBPART 211.1 --SELECTING AND DEVELOPING REQUIREMENTS DOCUMENTS
211.104 Use of brand name or equal purchase descriptions.
A justification and approval is required to use brand name or equal purchase descriptions—
(1) When using sealed bidding or negotiated acquisition procedures (see 213.501(a)(ii) for justification requirement).
211.105 Items peculiar to one manufacturer.
Follow the publication requirements at PGI 211.105.
211.106 Purchase descriptions for service contracts.
Agencies shall require that purchase descriptions for service contracts and resulting requirements documents, such as statements of work or performance work statements, include language to provide a clear distinction between Government employees and contractor employees. Agencies shall be guided by the characteristics and descriptive elements of personal-services contracts at FAR 37.104. Service contracts shall require contractor employees to identify themselves as contractor personnel by introducing themselves or being introduced as contractor personnel and displaying distinguishing badges or other visible identification for meetings with Government personnel. In addition, contracts shall require contractor personnel to appropriately identify themselves as contractor employees in telephone conversations and in formal and informal written correspondence.
211.107 Solicitation provision.
(b) To comply with section 875(c) of the National Defense Authorization Act for Fiscal Year 2017 (Pub. L. 114-328), use the provision at FAR 52.211-7, Alternatives to Government-Unique Standards, in DoD solicitations that include military or Government-unique specifications and standards.
211.170 Use of proprietary specifications or standards.
A justification and approval is required to use proprietary specifications and standards—
(1) When using sealed bidding or negotiated acquisition procedures (see 213.501(a)(ii) for justification requirements).
SUBPART 211.2 --USING AND MAINTAINING REQUIREMENTS DOCUMENTS
211.201 Identification and availability of specifications.
Follow the procedures at PGI 211.201 for obtaining specifications, standards, and data item descriptions from the ASSIST database, including DoD adoption notices on voluntary consensus standards.
211.204 Solicitation provisions and contract clauses.
(c) When contract performance requires use of specifications, standards, and data item descriptions that are not listed in the Acquisition Streamlining and Standardization Information System database, use a provision, as appropriate, substantially the same as 252.211-7002, Availability for Examination of Specifications,
Standards, Plans, Drawings, Data Item Descriptions, and Other Pertinent Documents.
211.271 Elimination of use of class I ozone-depleting substances.
See Subpart 223.8 for restrictions on contracting for ozone-depleting substances.
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 of the contractor, the Defense Contract Management Agency, 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.
Follow the procedures at PGI 211.273-3 for encouraging the use of SPI processes instead of military or Federal specifications and standards.
211.273-4 Contract clause.
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.
211.274 Item identification and valuation requirements.
Item unique identification and valuation is a system of marking, valuing, and tracking items delivered to DoD that enhances logistics, contracting, and financial business transactions supporting the United States and coalition troops. Through item unique identification policy, which capitalizes on leading practices and embraces open standards, DoD—
(a) Achieves lower life-cycle cost of item management and improves life-cycle property management;
(b) Improves operational readiness;
(c) Provides reliable accountability of property and asset visibility throughout the life cycle;
(d) Reduces the burden on the workforce through increased productivity and efficiency; and
(e) Ensures item level traceability throughout lifecycle to strengthen supply chain integrity, enhance cyber security, and combat counterfeiting.
211.274-2 Policy for item unique identification.
(a) It is DoD policy that DoD item unique identification, or a DoD recognized unique identification equivalent, is required for all delivered items, including items of contractor-acquired property delivered on contract line items (see PGI 245.402-71 for guidance when delivery of contractor acquired property is required)—
(1) For which the Government s unit acquisition cost is $5,000 or more;
(2) For which the Government s unit acquisition cost is less than $5,000 when the requiring activity determines that item unique identification is required for mission essential or controlled inventory items; or
(3) Regardless of value for any—
(i) DoD serially managed item (reparable or nonreparable) or subassembly, component, or part embedded within a subassembly, component, or part;
(ii) Parent item (as defined in 252.211-7003(a)) that contains the embedded subassembly, component, or part;
(iii) Warranted serialized item;
(iv) Item of special tooling or special test equipment, as defined at FAR 2.101, for a major defense acquisition program that is designated for preservation and storage in accordance with the requirements of section 815 of the National Defense Authorization Act for Fiscal Year 2009 (Pub. L. 110-417); and
(v) High risk item identified by the requiring activity as vulnerable to supply chain threat, a target of cyber threats, or counterfeiting.
(b) Exceptions. The contractor will not be required to provide DoD item unique identification if—
(1) The items, as determined by the head of the contracting activity, are to be used to support a contingency or humanitarian or peacekeeping operation; to facilitate defense against or recovery from nuclear, biological, chemical, or radiological attack; to facilitate the provision of international disaster assistance; or to support response to an emergency or major disaster; or
(2) A determination and findings has been executed concluding that it is more cost effective for the Government requiring activity to assign, mark, and register the unique item identifier after delivery, and the item is either acquired from a small business concern, or is a commercial item acquired under FAR part 12 or part 8.
(i) The determination and findings shall be executed by—
(A) The Component Acquisition Executive for an acquisition category (ACAT) I program; or
(B) The head of the contracting activity for all other programs.
(ii) The DoD Unique Identification Policy Office must receive a copy of the determination and findings required by paragraph (b)(2)(i) of this subsection. Follow the procedures at PGI 211.274-2.
211.274-3 Policy for valuation.
(a) It is DoD policy that contractors shall be required to identify the Government s unit acquisition cost for all deliverable end items to which item unique identification applies.
(b) The Government s unit acquisition cost is—
(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;
(2) For cost-type or undefinitized line, subline, or exhibit line items, the contractor s estimated fully burdened unit cost to the Government at the time of delivery; and
(3) For items delivered under a time-and-materials contract, the contractor s estimated fully burdened unit cost to the Government at the time of delivery.
(c) The Government s unit acquisition cost of subassemblies, components, and parts embedded in delivered items shall not be separately identified.
211.274-4 Policy for reporting of Government-furnished property.
(a) It is DoD policy that all Government-furnished property be recorded in the DoD Item Unique Identification (IUID) Registry, as defined in the clause at 252.211-7007, Reporting of Government-Furnished Property.
(b) The following items are not required to be reported:
(1) Contractor-acquired property, as defined in FAR part 45.
(2) Property under any statutory leasing authority.
(3) Property to which the Government has acquired a lien or title solely because of partial, advance, progress, or performance-based payments.
(4) Intellectual property or software.
(5) Real property.
(6) Property released as work in process.
(7) Non-serial managed items (reporting is limited to receipt transactions only).
211.274-5 Policy for assignment of Government-assigned serial numbers.
It is DoD policy that contractors apply Government-assigned serial numbers, such as tail numbers/hull numbers and equipment registration numbers, in human-readable format on major end items when required by law, regulation, or military operational necessity. The latest version of MIL-STD-130, Marking of U.S. Military Property, shall be used for the marking of human-readable information.
211.274-6 Contract clauses.
(a)(1) Use the clause at 252.211-7003, Item Unique Identification and Valuation, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, for supplies, and for services involving the furnishing of supplies, unless the conditions in 211.274-2(b) apply.
(2) Identify in paragraph (c)(1)(ii) of the clause the contract line, subline, or exhibit line item number and description of any item(s) below $5,000 in unit acquisition cost for which DoD item unique identification or a DoD recognized unique identification equivalent is required in accordance with 211.274-2(a)(2).
(3) Identify in paragraph (c)(1)(iii) of the clause the applicable attachment number, when DoD item unique identification or a DoD recognized unique identification equivalent is required in accordance with 211.274-2(a)(3)(i) through (v).
(b) Use the clause at 252.211-7007, Reporting of Government-Furnished Property, in solicitations and contracts that contain the clause at FAR 52.245-1, Government Property.
(c) Use the clause at 252.211-7008, Use of Government-Assigned Serial Numbers, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, that—
(1) Contain the clause at 252.211-7003, Item Unique Identification and Valuation; and
(2) Require the contractor to mark major end items under the terms and conditions of the contract.
211.275 Passive radio frequency identification.
Bulk commodities, case, palletized unit load, passive RFID tag, and radio frequency identification are defined in the clause at 252.211-7006, Passive Radio Frequency Identification.
(a) Except as provided in paragraph (b) of this subsection, radio frequency identification (RFID), in the form of a passive RFID tag, is required for cases and palletized unit loads packaging levels and any additional consolidation level(s) deemed necessary by the requiring activity for shipments of items that—
(1) Contain items in any of the following classes of supply, as defined in DoD Manual 4140.01, Volume 6, DoD Supply Chain Materiel Management Procedures: Material Returns, Retention, and Disposition:
(i) Subclass of Class I - Packaged operational rations.
(ii) Class II - Clothing, individual equipment, tentage, organizational tool kits, hand tools, and administrative and housekeeping supplies and equipment.
(iii) Class IIIP - Packaged petroleum, lubricants, oils, preservatives, chemicals, and additives.
(iv) Class IV - Construction and barrier materials.
(v) Class VI - Personal demand items (non-military sales items).
(vi) Subclass of Class VIII - Medical materials (excluding pharmaceuticals, biologicals, and reagents - suppliers should limit the mixing of excluded and non-excluded materials).
(vii) Class IX - Repair parts and components including kits, assemblies and subassemblies, reparable and consumable items required for maintenance support of all equipment, excluding medical-peculiar repair parts; and
(2) Will be shipped to one of the locations listed at https://www.acq.osd.mil/log/sci/RFID_ship-to-locations.html or to—
(i) A location outside the contiguous United States when the shipment has been assigned Transportation Priority 1; or
(ii) Any additional location(s) deemed necessary by the requiring activity.
(b) The following are excluded from the requirements of paragraph (a) of this subsection:
(1) Shipments of bulk commodities.
(2) Shipments to locations other than Defense Distribution Depots when the contract includes the clause at FAR 52.213-1, Fast Payment Procedures.
211.275-3 Contract clause.
Use the clause at 252.211-7006, Passive Radio Frequency Identification, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, that will require shipment of items meeting the criteria at 211.275-2, and complete paragraph (b)(1)(ii) of the clause as appropriate.
SUBPART 211.5 ---LIQUIDATED DAMAGES
This subpart and FAR subpart 11.5 do not apply to liquidated damages for comprehensive subcontracting plans under the Test Program for Negotiation of Comprehensive Small Business Subcontracting Plans. See 219.702-70 for coverage of liquidated damages for comprehensive subcontracting plans.
211.503 Contract clauses.
(b) Use the clause at FAR 52.211-12, Liquidated Damages--Construction, in all construction contracts exceeding $700,000, 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 $700,000 or less is optional.
SUBPART 211.6 --PRIORITIES AND ALLOCATIONS
DoD implementation of the Defense Priorities and Allocations System is in DoDD 4400.1, Defense Production Act Programs.