Performance Specification Guide SD-15
the National Technology Transfer and Advancement Act of 1995, Pub. L. 104-113 (15 U.S.C.
272 note), agencies must use voluntary consensus standards, when they exist, in lieu of
Government-unique standards, except where inconsistent with law or otherwise impractical."
COMMENTARY: These policies in the FAR sometimes create confusion. Subparagraph
11.101(b) indicates that Public Law and OMB Circular A-119 require federal agencies to use voluntary consensus standards (i.e., non-Government standards) in lieu of Government-unique standards except where inconsistent with law or otherwise impractical. But subparagraph
11.101(a)(2) gives preference to performance-oriented documents, which would imply a preference for a performance Government specification over a detailed design non-Government standard. The clarifying point in this matter is subparagraph 11.101(a)(1), which gives as the first order of preference any document mandated for use by law. Since Pubic Law 104-113 mandates a preference to use non-Government standards in lieu of Government-unique standards, this order of preference trumps the preference for performance specifications. However, given a situation where there is a performance-oriented non-Government standard and a detailed design-oriented non-Government standard and assuming both documents satisfied the requirement, the performance-oriented non-Government standard would be preferred.
DoD 4120.24-M, DEFENSE STANDARDIZATION PROGRAM POLICIES AND PROCEDURES
The preference to state requirements in performance terms appears throughout DoD 4120.24-M. Extracted below are a few basic sentences that set the general policy.
"C3.7. PRODUCT DESCRIPTIONS
It is important to develop and use the right type of product description to satisfy the immediate technical and acquisition needs, and to support such broader and long-term acquisition objectives as logistics support, competition, quality, use of commercial products and processes, best value, and standardization. In developing the right type of product description, it is DoD policy to write it in performance terms."
"C3.8.1. General. DoD prefers performance-based specifications to detail specifications, and non-Government standards to defense and Federal specifications and standards."
DEFENSE ACQUISITION GUIDEBOOK
The following is extracted from Section 11.6, Implementing a Performance-Based Business
Environment, from the Defense Acquisition Guidebook:
"The Department of Defense will normally use performance specifications (i.e., DoD performance specifications, commercial item descriptions, and performance-based non- Government standards) when purchasing new systems, major modifications, upgrades to current systems, and commercial items for programs in all acquisition categories. The Department of
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