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                            11.002 Policy.
        
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FAC Number: 2024-03 Effective Date: 02/23/2024
PartPart 1Part 2Part 3Part 4Part 5Part 6Part 7Part 8Part 9Part 10Part 11Part 12Part 13Part 14Part 15Part 16Part 17Part 18Part 19Part 20Part 21Part 22Part 23Part 24Part 25Part 26Part 27Part 28Part 29Part 30Part 31Part 32Part 33Part 34Part 35Part 36Part 37Part 38Part 39Part 40Part 41Part 42Part 43Part 44Part 45Part 46Part 47Part 48Part 49Part 50Part 51Part 52Part 53
Subpart11.011.111.211.311.411.511.611.711.8
Section11.00011.00111.002
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11.002 Policy.11.002 Policy.       (a) In fulfilling requirements of                         10 U.S.C. 3206(a),   10 U.S.C. 3453,                     41 U.S.C.3306(a), and   41 U.S.C.3307, agencies shall-                                                         (1) Specify needs using market research in a manner designed to-                                                                           (i) Promote full and open competition (see  part  6), or maximum practicable competition when using simplified acquisition procedures, with due regard to the nature of the supplies or services to be acquired; and                                                                              (ii) Only include restrictive provisions or conditions to the extent necessary to satisfy the needs of the agency or as authorized by law.                                                                                                           (2) To the maximum extent practicable, ensure that acquisition officials-                                                                           (i) State requirements with respect to an acquisition of supplies or services in terms of-                                                                                             (A) Functions to be performed;                                                                                                (B) Performance required; or                                                                                                (C) Essential physical characteristics;                                                                                                                                         (ii) Define requirements in terms that enable and encourage offerors to supply commercial products or commercial services or, to the extent that commercial products suitable to meet the agency’s needs are not available, nondevelopmental items, in response to the agency solicitations;                                                                              (iii) Provide offerors of commercial products, commercial services, and nondevelopmental items an opportunity to compete in any acquisition to fill such requirements;                                                                              (iv) Require prime contractors and subcontractors at all tiers under the agency contracts to incorporate commercial products, commercial services, or nondevelopmental items as components of items supplied to the agency; and                                                                              (v) Modify requirements in appropriate cases to ensure that the requirements can be met by commercial products or commercial services or, to the extent that commercial products suitable to meet the agency’s needs are not available, nondevelopmental items.                                                                                                                            (b) The Metric Conversion Act of 1975, as amended by the Omnibus Trade and Competitiveness Act of 1988 (  15 U.S.C.205a, *et seq.*), designates the metric system of measurement as the preferred system of weights and measures for United States trade and commerce, and it requires that each agency use the metric system of measurement in its acquisitions, except to the extent that such use is impracticable or is likely to cause significant inefficiencies or loss of markets to United States firms. Requiring activities are responsible for establishing guidance implementing this policy in formulating their requirements for acquisitions.                                          (c) To the extent practicable and consistent with  subpart  9.5, potential offerors should be given an opportunity to comment on agency requirements or to recommend application and tailoring of requirements documents and alternative approaches. Requiring agencies should apply specifications, standards, and related documents initially for guidance only, making final decisions on the application and tailoring of these documents as a product of the design and development process. Requiring agencies should not dictate detailed design solutions prematurely (see  7.101 and  7.105(a)(8)).                                          (d)                                                         (1) When agencies acquire products and services, various statutes and executive orders (identified in part  23) require consideration of sustainable acquisition (see subpart  23.1) including-                                                                           (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);                                                                              (iv) Biobased products (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                                                                              (vi) Non-ozone-depleting substances, and products and services that minimize or eliminate, when feasible, the use, release, or emission of high global warming potential hydrofluorocarbons, such as by using reclaimed instead of virgin hydrofluorocarbons (subpart  23.8).                                                                                                           (2) Unless an exception applies and is documented by the requiring activity, Executive agencies shall, to the maximum practicable, require the use of products and services listed in paragraph (d)(1) of this section when-                                                                           (i) Developing, reviewing, or revising Federal and military specifications, product descriptions (including commercial item descriptions) and standards;                                                                              (ii) Describing Government requirements for products and services; and                                                                              (iii) Developing source-selection factors.                                                                                                                            (e) Some or all of the performance levels or performance specifications in a solicitation may be identified as targets rather than as fixed or minimum requirements.                                          (f) In accordance with section 508 of the Rehabilitation Act of 1973 (  29 U.S.C. 794d), the contracting officer shall obtain from the requiring activity the requirement documents, which must identify—                                                         (1)The needs of current and future users with disabilities to determine how–                                                                           (i)Users with disabilities will perform the functions supported by the information and communication technology (ICT);                                                                              (ii)The ICT will be developed, installed, configured and maintained to support users with disabilities;                                                                                                           (2)The applicable ICT accessibility standards (see  subpart  39.2); and                                                            (3)Any ICT accessibility standards that cannot be met due to an exception or an exemption for any component or portion of the product (see  7.105(b)(5)(iv),  39.204, and  39.205).                                                                             (g) Unless the agency Chief Information Officer waives the requirement, when acquiring information technology using Internet Protocol, the requirements documents must include reference to the appropriate technical capabilities defined in the USGv6 Profile (NIST Special Publication 500-267) and the corresponding declarations of conformance defined in the USGv6 Test Program. The applicability of IPv6 to agency networks, infrastructure, and applications specific to individual acquisitions will be in accordance with the agency's Enterprise Architecture (see OMB Memorandum M-05-22 dated August 2, 2005).                                          (h) Agencies shall not include in a solicitation a requirement that prohibits an offeror from permitting its employees to telecommute unless the contracting officer executes a written determination in accordance with FAR  7.108(a).    **Parent topic:**  Part 11 - Describing Agency Needs
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