MIL-HDBK-502 - Barringer and Associates, Inc.

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MIL-HDBK-502: ACQUISITIONALOGISTICSRemember: a goodsource for determiningwhich "H" clauses maybe required is the mostrecent contract issuedfor the procurement ofthe same or similaritems.not conflict with standard FAR provisions. To prevent this conflict, allspecial clauses, including logistics, are reviewed by the contracting officerand legal counsel before a solicitation or contract is released. The logisticsmanager is responsible for preparing, and reviewing with the contractingofficer and legal counsel, all logistics special clauses. The need for speciallogistics provisions should be considered in, but not limited to, thefollowing areas:• Rights in data• Government owned items• Incentives• Life cycle cost• Product performance agreements• Logistics options• Change provisions• WarrantiesSection H defines special contract requirements that relate to safety, humanfactors, radioactive materials, security, release of information to the public,labor category descriptions, payment schedules, and expected minimum andmaximum costs.The clauses included in Section H are based on the acquisition strategy, thelogistics strategy, and the contract strategy. The information in the earlier partsof the procurement request, particularly Section B, will guide contractspersonnel in developing a draft Section H. The logistician must assist in theselection of applicable clauses to support special logistics-related requirementsfor the procurement.Special clauses can also be developed for a specific procurement. When aspecial clause, not a standard numbered clause previously used, is required fora particular procurement, the procurement request schedule should state thedesired objective as clearly as possible to enable contracts personnel to preparean appropriate clause for review by the command’s Office of Counsel. Acomplete list of "H" clauses and their full texts, if required, may be obtainedfrom the contracting officer.Reference to clauses in the schedule must cite the title of the applicable clauserather than the clause number. The full text of standard FAR and DFARSclauses are not required in the procurement request. The request may cite thetitle and the FAR and DFARS number (when known) of the applicable clause.When a clause contains a blank to be completed, the procurement requestschedule must specify the information to be entered in the blank.When a FAR or DFARS clause is intended to be used verbatim, using a clausethat departs from FAR or DFARS intent or modifying the wording of the8-11
MIL-HDBK-502: ACQUISITIONALOGISTICSclause or its prescribed application constitutes a deviation. When a FAR orDFARS clause is not prescribed for use verbatim, using a clause that isinconsistent with the intent, principle, and substance of the FAR or DFARSclause constitutes a deviation. Deviations from FAR and DFARS intent mustbe submitted for approval in accordance with local contracting officeprocedures.8.4.9 Section I: Contract ClausesStandard clauses listed in Part 2 of the FAR are modified, or incorporatedby reference, in Section I. The logistician’s concern is to make sure thegeneral provisions that are incorporated reflect logistics concerns.Typically, there is little or no logistics input to this section.8.4.10 Further Implications of Section H and Section ISection H and Section I are the primary tools whereby policy and regulatoryrequirements are incorporated as enforceable elements of a contract. Newpolicies and regulations are continuously being developed as outgrowths ofcongressional legislation, executive branch administration actions, and DoDinitiatives. Section H defines special contract requirements. Section I listsgeneral contract clauses applicable to the contract, as published in the FederalAcquisition Regulation (FAR) and DoD FAR Supplement (DFARS), andservice-specific policies.The Logistician’s Role in Development of Sections H and IIn the development of Section H, the logistician's role has two majorcomponents: procurement request development responsibilities, andcontract administration responsibilities. These responsibilities vary based onthe contract. As a member of the procurement request development team,the logistician influences the structure of Sections H and I through input tothe acquisition plan and the logistics strategy. The support system managermay have the following Sections H and I development responsibilities:• Translate the logistics strategy into any special clause requirements.• Assist in the development of a warranty clause.• Define the quantity requirements for logistics supplies and services.• Define options for logistics supplies and services.• Define the logistics-related government furnished property for acontract.• Define the rights-in-data clause requirements to support the systemmaintenance concept.8-12
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MIL-HDBK-502 - Barringer and Associates, Inc.

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