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used to the extent that they are applicable.

(e) The items are purchased in foreign markets for use of overseas activities of agencies.

(f) An Interim Federal Specification is used by an agency in lieu of the Federal Specification.

(g) Where otherwise authorized by law.

§ 1-1.305-3 Deviations from Federal Specifications.

When the essential needs of an agency are not adequately covered by an existing Federal Specification, and the proposed purchase does not come within the exceptions described in § 1-1.305-2, the agency may authorize deviations from the Federal Specification; provided, that:

(a) Requirements of existing Federal Specifications shall be used to the maximum extent practicable.

(b) Each agency taking such deviations shall establish procedures whereby a designated official having substantial procurement responsibility shall be responsible for assuring that:

(1) Federal Specifications are used, and provisions for exceptions and deviations are complied with;

(2) Justifications for exceptions and deviations are subject to competent review before authorization, and that such justifications can be fully substantiated If post audit is required;

(3) Major or repeated deviations are not taken except as prescribed In this § 1-1.305-3; and

(4) Notification or recommendation for change in the specification is sent promptly to the General Services Administration by the designated official or subdivision at the agency level, through established agency channels, when—

(i) Deviations taken are of a major nature such as to result in the entrance of a new item into the supply system of the agency as evidenced by the development of a new item identification; or

(ii) A deviation is taken repeatedly.

(5) Notification or recommendation for change in the specification shall be submitted, in duplicate, to the General Services Administration, Federal Supply Service, Washington, D.C. 20405. It shall Include a statement of the devia

tions authorized by the agency, with justification therefor, and, where applicable, recommendation for revision or amendment of the specification.

(c) Deviations taken and reported by the agency in accordance with § 1-1.3053(b) may not be continued except under the following conditions:

(1) Upon notification by an agency that major or repeated deviations have been taken and where no recommendation for change in the specification is made by the agency, the General Services Administration will notify the agency as to whether such deviations may be continued in subsequent procurement. In cases where deviations are not approved and where procurement by the agency has progressed to a point where it would be impracticable to amend or cancel the action, such action may be completed, but the deviation shall not be authorized by the agency In subsequent procurement.

(2) Where an agency has recommended changing the specification consistent with the deviations It has taken and reported, those deviations may be continued until such time as the recommended change Is coordinated and incorporated In the specification; provied, that where coordination with Federal agencies and industry, as applicable, does not result In acceptance of the change, such deviations shall not be authorized by the agency in subsequent procurement.

§ 1-1.305-4 Optional use of Interim Federal Specifications.

Interim Federal Specifications are for optional use. All agencies are urged to make maximum use of Interim Federal Specifications and to submit statements of suggested changes to the assigned agency for consideration In further development of the specifications for promulgation as Federal Specifications

§ 1-1.305-5 Use of Federal and Interim Federal Specifications in Federal construction contracts.

When material, equipment, or services for which a Federal or Interim Federal Specification is available are specified in connection with Federal construction, the Federal or Interim Federal Specification shall be made a part of the specification for the construction contract, subject to the provisions In ! 1-1.305.

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$ 1 -1.303—6 Military and departmental specifications.

If no Federal Specification is available, existing Interim Federal, military, and departmental specifications which are listed In the Index of Federal Specifications and Standards should be considered and, wherever practicable, used by any agency having need therefor, consistent with the agency's procedures establishing priority for use of such specifications.

§ 1-1.306 Standard*.*

"Standards," as used in this $ 1-1.306, are descriptions which establish engineering or technical limitations and applications for materials, processes, methods, designs, or drafting room and other engineering practices, or any related criteria deemed essential to achieve the highest practical degree of uniformity in materials or products, or interchangeability of parts used in those products; and which may be used in specifications, invitations for bids, proposals, and contracts. The identification of the categories and intended use of such standards are as follows:

a Federal Standard. A standard promulgated by the General Services Administration, mandatory for use by all executive agencies, including the Department of Defense.

(b) Interim Federal Standard. A standard intended for final processing as a new or revised Federal Standard, issued in interim form for optional use by executive agencies.

(C) Military (MIL) Standard. A standard issued by the Department of Defense used solely or predominantly by and mandatory on military activities. This definition includes both fully coordinated and limited coordination military standards.

(d) Departmental Standards. A standard developed and prepared by, and of Interest primarily to, a particular executive civilian agency, but which may be used in procurement by other agenda.

'Other Instructions concerning the use of KandATds that are of Interest and applicable to executive agencies, but which are of no interest to the public, are contained In Genoa! Services Administration Regulation 1-71. Part 8.

§ 1-1.306-1 Mandatory use and application of Federal Standards.

Federal Standards shall be used by all executive agencies, including the Department of Defense. Exceptions to this mandatory use requirement are as follows:

(a) The exceptions in § 1-1.305 relating to the mandatory use of Federal Specifications are for application to the use of Federal Standards.

(b) In a specific case or class of cases an executive agency may be granted an exception by the General Services Administration on submission of an adequate justification therefor.

§ 1-1.307 Purchase descriptions, g 1-1.307-1 Applicability.

(a) Purchase descriptions may be used in the procurement of supplies or services (excluding construction) only when the use of formal (including interim and other temporary) Government specifications and standards to describe such supplies or services is not required under applicable regulations. (See §! 1-1.305 and 1-1.306.) However, where the use of a formal specification or standard is required, use of supplementary descriptive information which is consistent with the specification or standard is permissible.

(b) Purchase descriptions used in competitive procurements shall not specify a product having features which are peculiar to the product of one manufacturer, producer, or distributor, and thereby preclude consideration of a product of another company, unless it has been determined that those particular features are essential to the Government's requirements, and that similar products of other companies lacking those features would not meet the minimum requirements for the item.

(c) Purchase descriptions, as well as other forms of specifications, must accurately reflect the needs of the Government.

§ 1—1.307—2 General requirements.

Except as otherwise provided in 5f 11.307-3 and 1-1.307-4, purchase descriptions shall clearly and accurately describe the technical requirements or desired performance characteristics of the supplies or services to be procured; and, when appropriate, the testing procedures which will be used in determining whether such requirements or characteristics are met. When necessary, preservation, packaging, packing, and marking requirements shall be included. Purchase descriptions may contain references to formal Government specifications and standards which are to form a portion of the purchase description.

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§ 1-1.307-3 Commercial, and State and local government specifications and standards.

Purchase descriptions may include or consist of references to specifications and standards issued, promulgated, or adopted by technical societies or associations, or State and local governments, if such specifications and standards (a) are widely recognized and used in commercial practice, (b) conform to the requirements of § 1-1.307-2, and (c) are readily available to suppliers of the supplies or services to be procured.

§ 1—1.307-4 Brand name products or equal.

(a) Purchase descriptions which contain references to one or more brand name products followed by the words "or equal" may be used only in accordance with this § 1-1.307-4 and §§ 1-1.307-5 through 1-1.307-9. The term "brand name product" means a commercial product described by brand name and make or model number or other appropriate nomenclature by which such product is offered for sale to the public by the particular manufacturer, producer, or distributor. Where feasible, all known acceptable brand name products should be referenced. Where a "brand name or equal" purchase description is used, prospective contractors must be given the opportunity to offer products other than those specifically referenced by brand name if such other products will meet the needs of the Government in essentially the same manner as those referenced.

(b) "Brand name or equal" purchase descriptions should set forth those salient physical, functional, or other characteristics of the referenced products which are essential to the needs of the Government, contain the following information to the extent available, and include such other information as is necessary to describe the Item required:

(1) Complete common generic identification of the item required.

(2) Applicable model, make, or catalog number for each brand name product referenced, and Identity of the commercial catalog in which it appears.

(3) Name of manufacturer, producer, or distributor of each brand name product referenced (and address if company is not well known).

(c) When necessary to describe adequately the item required, an applicable commercial catalog description, or pertinent extracts therefrom, may be used if such description is Identified in the invitation for bids or request for proposals as being that of the particular named manufacturer, producer, or distributor.

§ 1—1.307—5 Limitations on use of "brand name or equal" purchaM descriptions.

"Brand name or equal" purchase descriptions may be used only under the circumstances in (a) or (b) of this § 1-1.307-5:

(a) When a suitable formal Government specification or standard or industry standardization document approved for agency use is not available, and a purchase description of the type referred to in § 1-1.307-3 is inadequate or unavailable, and a purchase description meeting the general requirements of § 1-1.307-2 cannot be prepared because—

(1) Construction or composition of the product to be procured Is too technically involved;

(2) Public exigency or military necessity precludes timely development; or

(3) It is impracticable or uneconomical to prepare a purchase description.

(b) When purchasing items for authorized resale, except military clothing.

(c) The product to be referenced must, in any event, be regularly offered for sale to the public.

(d) When a "brand name or equal" description is used, a notation shall be made In the case file as to the reasons therefor.

§ 1-1.307-6 Invitation for bids, "brand name or equal" descriptions.

(a) Except as provided in (b) of this § 1-1.307-6 when a "brand name or equal" purchase description is included in an invitation for bids:

(1) The following shall be inserted after each item so described in the invitation, for completion by the bidder—

Bidding on:

Manufacturer's Name

Brand

Ho.

(2) In addition, the following clause shall be included in the invitation:

BraN D Naki OB Equal

(AM used In this clause, the term "brand name" Includes Identification of products by make and model.)

(a) If Items called (or by this Invitation for Bids have been identified in the schedule by a "brand name or equal" description, such identification Is Intended to be descriptive, bat not restrictive, and Is to Indicate the quality and characteristics of products that will be satisfactory. Bids offering "equal" product* will be considered for award If such products are clearly Identified In the bids and are determined by the Government to be equal In all material respects to the brand came products referenced In the Invitation for BUte.

(b) Unless the bidder clearly Indicates In his bid that he Is offering an "equal" product, his bid shall be considered as offering a brand name product referenced In the Invitation for Bids.

io(l) If the bidder proposes to furnish in "equal" product, the brand name, If any, of the product to be furnished shall be Inserted In the space provided In the Invitation for Bids, or such product shall be otherwise clearly Identified In the bid. The evaluation of bids and the determination as to equality of the product offered shall be the responsibility of the Government and will be •5«ied on information furnished by the bld40 or Identified in his bid as well as other information reasonably available to the purchasing activity. Caution To Bidders. The purchasing activity Is not responsible for locating or securing any Information which u not Identified In the bid and reasonably available to the purchasing activity. Accordingly, to Insure that sufficient Information Is available, the bidder must furnish u a part of his bid all descriptive material roch as cuts, illustrations, drawings, or other information) necessary for the purrh.rfng activity to (1) determine whether the product offered meets the requirements of the Invitation for Bids and (11) establish exactly what the bidder proposes to furnish ud what tbe Government would be binding Itself to purchase by making an award. The Information furnished may include specific references to Information previously furnished or to Information otherwise available to tbe purchasing activity.

13) If the bidder proposes to modify a product so as to make It conform to the requirements of the Invitation for Bids, he •hall (1) include In his bid a clear description of such proposed modifications and (11) clearly mark any descriptive material to thaw the proposed modifications.

(3) Modifications proposed after bid openIng to make a product conform to a brand name product referenced In the Invitation for Bids will not be considered.

(b) Where a component part of an end Item is described In the invitation for bids by a "brand name or equal" purchase description and the contracting officer determines that application of the clause in (a) (2) of this § 1-1.307-6 to such component part would be impracticable, the requirements of (a) (1) and (2) of this § 1-1.307-6 shall not apply with respect to such component part. In such cases, if the clause Is Included In the Invitation for bids for other reasons, there also shall be Included in the invitation a statement identifying either the component parts (described by "brand name or equal" descriptions) to which the clause applies or those to which It does not apply. This paragraph (b) also applies to accessories related to an end item where a "brand name or equal" purchase description of the accessories is a part of the description of an end item.

(c) When an invitation for bids contains "brand name or equal" purchase descriptions, bidders who offer brand name products referenced in such descriptions shall not be required to furnish bid samples of the referenced brand name products; however, invitations for bids may require the submission of bid samples in the case of bidders offering "or equal" products.

§ 1-1.307-7 Bid evaluation and award, "brand name or equal" descriptions.

(a) Bids offering products which differ from brand name products referenced in a "brand name or equal" purchase description shall be considered for award where the contracting officer determines in accordance with the terms of the clause in § 1-1.307-6(a) (2) that the offered products are equal in all material respects to the products referenced. Bids shall not be rejected because of minor differences in design, construction, or features which do not affect the suitability of the products for their intended use.

(b) Award documents shall Identify, or incorporate by reference an identification of, the specific products which the contractor is to furnish. Such identification shall Include any brand name and/or make or model number, descriptive material, and any modifications of brand name products specified in the bid. Included in this requirement are those Instances where (1) the description of the end item contains "brand name or equal" purchase descriptions or component parts or of accesories related to the end item and (2) the clause in § l-1.307-6<a) (2) was applicable to such component parts or accessories (see §l-1.307-6(b)).

§ 1-1.307-8 Procedure for negotiated procurements and small purchases.

(a) The policies and procedures prescribed in §§ 1-1.307-6 and 1-1.307-7 for formally advertised procurements shall be generally applicable to negotiated procurements.

(b) The clause in § l-1.307-6(a) (2) may be adapted for use in negotiated procurements. If use of the clause is not practicable (as may be the case in exigency purchases), suppliers shall be suitably informed that proposals offering products different from the products referenced by brand name will be considered if the contracting officer determines that such «offered products are equal in all significant and material respects to the products referenced.

(c) In small purchases within openmarket limitations, such policies and procedures shall be applicable to the extent practicable.

§ 1—1.307—9 Inspection and acceptance.

Inspection and acceptance of deliveries shall be made on the basis of the Item described in the notice of award and/or contract.

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selves, who may suffer hardship, som times even business failure, as a resu of defaults, deductions, and rejectioi because of inability to meet contract n quirements. Moreover, such awards a unfair to other competing bidders, ci pable of performance, and discourai them from bidding on future procun ments. It is essential, therefore, thi precautions be taken to award contrac only to reliable and capable bidders w^ can reasonably be expected to comp: with contract requirements.

§ 1-1.310-3 Applicability.

This § 1-1.310 is applicable to all prc curements made by executive agencii in the United States, its possession and Puerto Rico and, to the extent prat ticable, in other places. It is not appl cable to orders placed under exist-in Government contracts, or to procure ments from: (a) other government (foreign, State, or local) or their instru mentalities; (b) other United Statt Government departments and agencie or their instrumentalities (such as Fed eral Prison Industries, Inc.); and (c National Industries for the Blind.

§ 1-1.310-4 General policy.

It is the policy that contracts shall b awarded only to responsible prospectiv contractors. A "responsible prospectlvi contractor" is one which is found by thi contracting officer to meet the minimun standards set forth in § 1-1.310-5 ani such additional standards as may be prscribed for specific procurements by Uk agency concerned.

§ 1-1.310-5 Standards.

(a) In order to qualify as responsible a prospective contractor must. In thi opinion of the contracting officer, mee! the following standards as they relate to the particular procurement undei consideration:

(1) Has adequate financial resource! for performance, or has the ability t< obtain such resources as required dun; performance;

(2) Has the necessary experience organization, technical qualifications skills, and facilities, or has the ability obtain them (including probable sub' contractor arrangements);

(3) Is able to comply with the proposed or required time of delivery - •' performance schedule;

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