Order of precedence for requirements documents
Agencies must follow a strict order of precedence for requirements documents and use voluntary consensus standards over government-unique standards unless legally or practically impossible.
Overview
FAR 11.101 establishes the order of precedence for selecting, modifying, or creating requirements documents in federal acquisitions. Agencies must follow a specific hierarchy when determining which documents to use, ensuring compliance with legal mandates and promoting the use of performance-based and consensus standards where possible. The regulation also requires agencies to use voluntary consensus standards instead of government-unique standards unless it is inconsistent with law or impractical, aligning with OMB Circular A-119 and the National Technology Transfer and Advancement Act.
Key Rules
- Order of Precedence for Requirements Documents
- Agencies must prioritize requirements documents in the following order: (1) documents mandated by law, (2) performance-oriented documents (like PWS or SOO), (3) detailed design-oriented documents, and (4) non-Defense/Federal government standards for non-repetitive acquisitions.
- Use of Voluntary Consensus Standards
- Agencies are required to use voluntary consensus standards (e.g., ISO, IEEE) in place of government-unique standards unless doing so is inconsistent with law or impractical.
Responsibilities
- Contracting Officers: Ensure requirements documents are selected in the correct order of precedence and that voluntary consensus standards are used when available and appropriate.
- Contractors: Must comply with the requirements documents specified in the solicitation and contract, which may include industry standards.
- Agencies: Oversee compliance with the order of precedence and document the rationale if government-unique standards are used instead of voluntary consensus standards.
Practical Implications
- This section ensures consistency and efficiency in requirements development, reducing unnecessary government-unique specifications and encouraging the use of industry standards. Contractors should be aware that solicitations may reference a variety of standards and must be prepared to demonstrate compliance with those specified. Failure to follow the order of precedence or justify deviations can lead to compliance issues or protest risk.