52.211-7 Alternatives to Government-Unique Standards
Source: FAR 52.211-7 on acquisition.gov
Offerors may propose voluntary consensus standards as alternatives to Government-unique standards, but must provide detailed supporting data and ensure at least one compliant offer to avoid rejection.
Overview
FAR 52.211-7 allows offerors to propose voluntary consensus standards as alternatives to Government-unique standards specified in a solicitation. The provision encourages the use of non-Government standards when they meet the Government’s requirements, unless their use is inconsistent with law or impractical. Offerors must provide sufficient data to support the proposed alternative, and the Government retains sole discretion to accept or reject the alternative standard. Offers that do not comply with the specified Government-unique standards may be deemed nonresponsive or unacceptable, but offerors may submit both compliant and alternative proposals.
Key Rules
- Proposing Alternatives
- Offerors may propose voluntary consensus standards as alternatives to Government-unique standards if they meet the Government’s requirements.
- Supporting Data Requirement
- Offerors must provide detailed data or information about the alternative standard for Government evaluation.
- Government Discretion
- Acceptance of an alternative standard is solely at the Government’s discretion.
- Responsiveness of Offers
- Offers not complying with Government-unique standards may be rejected, but offerors can submit both compliant and alternative offers.
Responsibilities
- Contracting Officers: Evaluate proposed alternative standards and determine if they meet requirements; accept or reject alternatives at their discretion.
- Contractors: Propose alternatives with sufficient supporting data; ensure at least one offer complies with Government-unique standards to avoid nonresponsiveness.
- Agencies: Ensure compliance with legal and practical considerations when accepting alternatives.
Practical Implications
- This provision promotes flexibility and innovation by allowing alternatives to Government-unique standards, potentially reducing costs and increasing efficiency.
- Contractors must be diligent in providing comprehensive supporting data for alternatives.
- Failure to comply with required standards can result in offer rejection, so submitting a compliant offer is recommended even when proposing alternatives.
As prescribed in 11.107(b), insert the following provision:
Alternatives to Government-Unique Standards (Nov 1999)
(a) This solicitation includes Government-unique standards. The offeror may propose voluntary consensus standards that meet the Government’s requirements as alternatives to the Government-unique standards. The Government will accept use of the voluntary consensus standard instead of the Government-unique standard if it meets the Government’s requirements unless inconsistent with law or otherwise impractical.
(b) If an alternative standard is proposed, the offeror must furnish data and/or information regarding the alternative in sufficient detail for the Government to determine if it meets the Government’s requirements. Acceptance of the alternative standard is a unilateral decision made solely at the discretion of the Government.
(c) Offers that do not comply with the Government-unique standards specified in this solicitation may be determined to be nonresponsive or unacceptable. The offeror may submit an offer that complies with the Government-unique standards specified in this solicitation, in addition to any proposed alternative standard(s).
(End of provision)