Subpart 11.3
Acceptable Material
FAR Subpart 11.3 ensures material specifications in contracts promote competition and sustainability, requiring clear descriptions and inclusion of appropriate clauses.
Overview
FAR Subpart 11.3, "Acceptable Material," establishes the policy and requirements for specifying materials in government contracts. It emphasizes that agencies should not require the use of materials that are unnecessarily restrictive or that limit competition, unless justified. The subpart also addresses the use of brand name or equal descriptions and the need to allow for the use of recovered materials and environmentally preferable products when possible. Contracting officers are directed to include appropriate clauses in solicitations and contracts to ensure compliance with these policies.
Key Rules
- Material Specifications
- Agencies must describe materials in a way that does not unnecessarily restrict competition and should consider the use of recovered and environmentally preferable materials.
- Brand Name or Equal
- When a brand name or equal description is used, the solicitation must clearly state the salient characteristics that the "equal" product must meet.
- Contract Clause Requirement
- Contracting officers must include the clause at 52.211-5, "Material Requirements," in solicitations and contracts as appropriate.
Responsibilities
- Contracting Officers: Ensure material specifications are not unduly restrictive, include required clauses, and allow for competition and environmentally preferable products.
- Contractors: Provide materials that meet the specified requirements and salient characteristics, and comply with contract clauses regarding material acceptability.
- Agencies: Oversee compliance with material specification policies and promote the use of recovered and environmentally preferable materials.
Practical Implications
- This subpart exists to promote fair competition and sustainability in government procurement.
- It impacts daily contracting by requiring careful drafting of material specifications and proper clause inclusion.
- Common pitfalls include overly restrictive specifications, failure to allow for "equal" products, and omission of required contract clauses.