DESCRIBING AGENCY NEEDS
SUBPART 5211.2-USING AND MAINTAINING REQUIREMENTS DOCUMENTS
5211.271 (DFARS 211.271) Elimination of Use of Class I Ozone Depleting Substances
5211.271(90) Definitions.
"Appropriate technical representative (ATR)" (also referred to as approved technical representative) means an individual who has the sufficient technical experience and knowledge to provide a competent certification.
"Senior acquisition official (SAO)" means an official at a level no lower than a general or flag officer or member of the Senior Executive Service within the requiring activity or the requiring activity chain of command.
5211.271(91) Technical reviews and Approvals.
(a) The requiring activity shall review the requirements and applicable specifications and standards for Class I ozone-depleting substances (ODS.) If adequate technical capability is not available, the configuration control manager (CCM) or other ATR shall conduct the review. Reviewers should use the current version of "DOD Specifications Referencing the Use of ODS" maintained by NAVSEA 03L, Environmental Engineering Group, on the world wide web at http://assets-www.idss.ida.org/.
(b) The ATR shall execute a technical certification and submit the certification to the appropriate SAO for determination/approval. The technical certification is a good faith statement of the signer's knowledge of the requirements of the specifications and standards in the context of the requirements package. The technical certification is not intended to be a guarantee.
(c) The requiring activity shall include SAO approvals in the PR package submitted to the contracting office. Upon receipt of a PR package which does not include an SAO approval, the contracting officer may conclude, absent knowledge to the contrary, that the procurement uses no Class I ODS.
(d) A sample format for technical certification and SAO approval/determination for new and existing contracts is shown in TABLE 5211-90.
5211.271(92) Reporting Requirements.
(a) Responsibility.
(i) Each SAO granting an approval or making a determination authorizing the use of a Class I ODS shall report each determination/approval to ABM, or to such other office as may be otherwise designated for purposes of submission of consolidated reports to ABM.
(ii) The report of SAO determinations/approvals shall include the estimated quantity of each Class I ODS through contract completion or for the period otherwise covered by the approval.
(iii) SAO determinations and approvals shall be reported for the year in which the determination/approval is signed, not when the contract or modification is awarded.
(b) Frequency. SAO reports shall be submitted annually to ABM no later than January 15 for determinations/approvals executed during the preceding calendar year.
(c) SAO Class Approvals. Any activity using an SAO class approval for procurement actions shall record and report such usage as set forth in the approval or as otherwise directed by the SAO. The SAO shall include this information in the annual report to ABM.
5211.271(93) Solicitation provisions and contract clauses.
Offerors should be encouraged to share with the Navy any knowledge they might have regarding Class I ODS required by specifications or standards in a solicitation. The contracting officer may include a provision substantially similar to the provision at 5252.211-9000, Notice to Offerors - Use of Class I Ozone Depleting Substances, in solicitations, if considered appropriate.
TABLE 5211-90
[For use in evaluating new and existing contracts with no suitable substitute for Class I ODS]
CLASS I OZONE DEPLETING SUBSTANCE REVIEW
Program: ___________________________________________________
Contract/Procurement/Purchase Request #: ____________________________
TECHNICAL CERTIFICATION
I have reviewed this procurement package and it includes specifications or standards which require the use of Class I ODS. To the best of my knowledge, there are no currently available suitable substitutes for the Class I ODS identified.
CLASS I ODS APPLICATION
____________________________________________ ____________ _______________
APPROPRIATE TECHNICAL REPRESENTATIVE CODE DATE
SENIOR ACQUISITION OFFICIAL DETERMINATION/APPROVAL
_ A. Based on the above technical certification, I have determined that a suitable substitute for the Class I ODS is not currently available. I approve the requirement in the proposed contract for use of Class 1 ODS for the application identified (For new contracts - Pub. L. 102-484, Sec 326(a)(1)).
_ B. Based on the above technical certification, I have determined that a suitable substitute for the Class I ODS is not currently available for use in the contract under evaluation (For existing contracts - Pub. L. 102-484, Sec 326(a)(2)(C)).
__________________________________ ____________ ___________
SENIOR ACQUISITION OFFICIAL TITLE DATE
Or Designee, if B.