A-Application-B - May 30 Draft

May 30 Draft > Working Copy of Subpart A Application (b)

• Subcommittee: Subpart A
• Section: Subpart A: Application

Current Draft (for reference only)

When procuring a product, each agency shall procure products which comply with the provisions in this part when such products are available in the commercial marketplace or when such products are developed in response to a Government solicitation. Agencies cannot claim a product as a whole is not commercially available because no product in the marketplace meets all the standards. If products are commercially available that meet some but not all of the standards, the agency must procure the product that best meets the standards.

Comments or suggested edits

Updated version for June 30

Provision Title

(Additions are shown in CAPS. Deleted text is marked by [brackets].)

(b) When procuring a product, each agency shall procure products which comply with the provisions in this part when such products are available in the commercial marketplace or when such products are developed in response to a Government solicitation. Agencies cannot claim a product as a whole is not commercially available because no product in the marketplace meets all the standards. If products are NOT commercially available that meet [some but not] all of the standards, the agency must procure the product that best meets the standards.

NOTE FOR PROCUREMENTS: TO FACILITATE THE DETERMINATION OF THE PRODUCT BEST MEETING THE PROVISIONS OF THIS PART, THOSE PROVISIONS THAT APPLY FOR A GIVEN ACQUISITION SHOULD BE ENUMERATED DURING THE PROCESS OF DETERMINING BUSINESS AND TECHNICAL REQUIREMENTS.

Discussion or Rationale

Rationale for changes to paragraph b: Clarifies the use of “best meets” when products are not commercially available that comprehensively meet each and every standard, but might partially meet one or more individual standards or meet some but not all of the standards.

Rationale for the additional text: Provides explanatory information regarding inclusion of accessibility provisions in the process of developing business and technical requirements.

The subcommittee did not reach consensus on the inclusion of the note. Concerns were voiced that the Note was confusing and inconsistent with the addition of the introductory langauge.

Some subcommittee members also voiced support for removing (b) in total and deferring all procurement decision-making procedures to the Federal Acquisition Regulations (FAR) and/or other governing procurement policies.

• Source: 1194.2 Application, item b
• Subcommittee: Subpart A
• Impact:
• External Reference:
• Testability
• Metadata
  • Disabilities:
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  • Product Types: