No advertisement of a proposed procurement shall be published in any newspaper published and printed in the District of Columbia unless the supplies are to be furnished for use, or the labor is to be performed, in the District of Columbia or in the adjoining counties of Maryland or Virginia.

§ 1.1005-5 Authority and delegation.

Authority to approve the publication of paid advertisements in newspapers is vested by statute in the Secretary of each Department. This authority may be delegated by the Secretary in writing, by position designation, to subordinates within his Department. The delegation shall specify the limitations, if any, of the authority granted. Administrative duties involved in accomplishing the advertising may be assigned by the delegate to subordinates, by name or position, by suitable instruments in writing, personally signed by the delegate, setting forth the extent of the administrative duties involved. A copy of the instrument delegating authority to advertise and a copy of the instrument assigning administrative duties thereunder will either be attached to the first voucher submitted for payment or shall be forwarded immediately upon issuance to the General Accounting Office address to which records of the Department are submitted for audit purposes. Copies of such instruments shall also be attached to the duplicate voucher submitted to the paying office pursuant to § 1.1005–12.

§ 1.1005-6 Requests for authority to place advertisement.

(a) Special or general authority to place advertisements in newspapers must be secured in advance and as prescribed by each Department. Special authority

authorizes the publication of a given advertisement a specified number of times in a designated newspaper or newspapers. General authority authorizes the publication during a fiscal year, as designated, of such advertisements for bids as may be required by the duties of officers engaged in making frequent purchases or contracts.

(b) Requests for authority to advertise shall specify the newspapers in which it is deemed advantageous to advertise.

§ 1.1005-7 Preparation of advertise

ment.

(a) Except as provided in paragraph (b) of this section, all advertisements will be set solid, without paragraphing, in accordance with usual Government requirements, a sample of which is shown on Standard Form 1143 (Advertising Order).

(b) When advertising to be set other than solid is purchased, the specifications for such advertising must be definite, clear, and specific. No allowance shall be made for paragraphing, for display leaded or prominent headings, unless specifically ordered, or for additional space required by the use of type other than that specified. Specifications for advertising other than solid will accompany the advertisement copy submitted to the published with the advertising order, and copies of both documents will be transmitted to the General Accounting Office with the voucher.

(a) Number of insertions. No greater number of newspapers or insertions shall be used in any case than is necessary to give proper and sufficient public notice. Ordinarily, advertisements will be given six insertions in daily or four insertions in weekly papers. Such insertions shall be placed in sufficient time prior to the date of opening of bids to allow interested bidders to obtain plans and specifications and prepare bids. In case of emergency, advertisements may be inserted one or more times, as time and circumstances permit.

(b) Limitations on time of publications. No authorization will be given for the publication of an advertisement beyond the morning of the day on which the opening of bids is to occur, and no payments will be made for continuing such publication beyond the period authorized.

§ 1.1005-9 Rates.

Advertising may be paid for at rates not to exceed the commercial rates charged to private individuals, with the usual discounts.

§ 1.1005-10 Proof of publication.

(a) Every voucher rendered for official advertising should be accompanied by a copy of each issue (or tear sheet) of the publication in which the advertisement appeared. However, if copies of the publications (or tear sheets) are not available, an affidavit of publication may be furnished in lieu thereof.

(b) Copies of publications (or tear sheets), or affidavits in lieu thereof, submitted as proof of publication shall be retained in the paying officer's files until settlement of his account by the General Accounting Office, after which they may be disposed of.

§ 1.1005-11 Forms.

(a) Standard Form 1143 (Advertising Order) shall be signed by the person to whom authority to advertise has been delegated, or by the person to whom administrative authority to place the advertising has been assigned (see § 1.10055). In the latter case, the date and number of such instrument of assignment shall be put in the box on the standard form to the left of the signature. The date and number of the instrument delegating authority to advertise shall be put in the box in the upper right hand corner of the form. See § 1.1005-7, with reference to the composition of the advertising copy, in connection with the preparation of this form.

(b) The public voucher will be prepared by publishers to bill their charges against the Department for advertising published in accordance with the advertising order (Standard Form 1143). The Public Voucher for Advertising (original) is printed on the reverse of the original advertising order (Standard Form 1143). The Public Voucher for Advertising (memorandum) is printed on the reverse of the memorandum advertising order (Standard Form 1143a). Separate instruments shall not be used for ordering advertising and the payment therefor. The instructions in § 1.1005-10 apply when this form is used. § 1.1005-12 Payment.

Upon receipt of the public voucher, supported by proof of publication, from

Except with respect to procurements not in excess of $10,000, press releases or public announcements of awards after formal advertising shall state that the contract was awarded after competition by formal advertising and shall include the number of bids solicited and the number received.

§ 1.1006-2 Awards after procurement by negotiation.

Except with respect to those procurements not in excess of $10,000 and those further excepted by § 3.106 of this subchapter, the information contained in the notice to unsuccessful offerors prescribed by § 3.106 (a) (1) shall:

(a) Be posted in a public place at the purchasing activity for at least seven days; and

(b) Be included in all press releases or public announcements of negotiated awards. Where the award was made after competitive negotiation (either price or design competition), press releases or public announcements shall include a statement to this effect.

Subpart K-Qualified Products § 1.1101

General.

(a) Where it is necessary to test products in advance of their procurement in order to obtain products of requisite quality, each Department may subject such products to qualification tests to determine if they are qualified for use. The results of such testing and approval may be set forth in a qualified products list. To establish a qualified products list, a specification must exist which requires qualification and specifies qualification testing. (Each Department publishes a "Military Index of Specifications and Standards," indicating those military specifications which require qualification. These indexes may be obtained by the public from the Superintendent of Documents, U.S. Government Printing Office, Washington 25, D.C.) Once established,

a qualified products list shall be used for the purpose and in the manner set forth in this subpart.

(b) The entire process by which products are solicited from manufacturers, examined and tested, and then identified on a qualified products list is known as qualification. Qualification testing is performed independently of any specific procurement action. Qualification of specific products is required prior to opening bids or award of negotiated contracts. Further information regarding qualified products lists may be found in the "Military Manual for Qualified Products Lists" (Standardization Manual M204) copies of which may be obtained from the Superintendent of Documents, Washington 25, D. C.

§ 1.1102

Justification for establishment of a qualified products list. (a) A qualified products list may be established for a product only when one or more of the following conditions exists:

(1) The time required for testing after award would unduly delay delivery of the supplies being purchased;

(2) The cost of repetitive testing would be excessive;

(3) The tests would require expensive or complicated testing apparatus not commonly available: or

(4) The interest of the Government requires assurance, prior to award, that the product is satisfactory for its intended use.

(b) Qualified products lists may be established under paragraph (a)(2) or (3) of this section only after approval by: in the case of the Army, the Office of the Deputy Chief of Staff, Logistics; in the Navy, the Office of Naval Material (Code M30); and in the Air Force, the Directorate of Procurement and Production, Hq., Air Materiel Command.

§ 1.1103 Qualification of products. § 1.1103-1 Opportunity to qualify.

(a) Upon determination that a product is to be covered by a qualified products list, manufacturers shall be urged to submit their products for qualification and generally shall be given sufficient time to arrange for qualification testing prior to issuance of the initial invitation for bids or request for proposals for the product as a qualified product. Appropriate notice of such determination shall be fur

nished to the U.S. Department of Commerce, 433 West Van Buren Street, Chicago 7, Illinois, for publication in the daily "Synopsis of U.S. Government Proposed Procurement, Sales and Contract Awards." The publicity given to the requirement for qualification testing shall include the following:

(1) An intention to establish a qualified products list for a product;

(2) The specification number and nomenclature of the product, and the name and address of the office to which the request for qualification should be submitted; and

(3) Notice that in making future awards consideration shall be given only to such products as have been accepted for inclusion in a qualified products list.

(b) Contact shall be made with companies known to be interested in submitting products for qualification testing under the applicable specifications. Where appropriate, trade associations in a particular industry shall be notified.

(c) Where practicable, notices in the following form should be sent to commercial journals and trade magazines of the industry concerned through established channels for news releases:

The (bureau, service or command), Department of the (Army, Navy or Air Force), has announced the intention to establish a Qualified Products List for (item) under specification (symbol). Companies which have a product meeting the requirements of this specification are urged to contact (name and address of activity) for an opportunity to have their products tested, since in making future awards, consideration may be given only to such products as have been tested and accepted for inclusion in the Qualified Products List.

The above notice may also be sent to all firms or individuals on the appropriate bidders' mailing list.

§ 1.1103-2 Testing of product.

The manner and extent of testing shall be in accordance with the applicable specification. Whether a product should be placed on a qualified products list will be determined by the results of the tests made to determine conformance to the specification requirements.

the product has met the qualification requirements of the applicable specification. When the product qualifies for inclusion on the qualified products list, notification thereof shall be given to the manufacturer together with the following statements in regard thereto: (a) That such listing does not guarantee acceptance of the product in any purchase; (b) that such listing does not constitute a waiver of the requirements of the specification as to acceptance, inspection, testing, or other provisions of any contract involving such product; (c) that such listing, the letter Notification of Qualification, the results of tests or other information relating to qualification shall not be circulated, referred to, or otherwise used for publicity or advertising purposes, or for sales other than those leading to ultimate use of the product by an agency of the Federal Government, and that if so used, such qualification is subject to cancellation by the Department concerned. If the product does not qualify for inclusion on the qualified products list, notice thereof shall be given to the manufacturer with a report covering the results obtained by the test. Whether or not a product qualifies, it will be returned after testing to the manufacturer "as is," unless destroyed or consumed in testing, or disposed of as authorized by the manufacturer.

qualification

Products qualified by tests, as described by § 1.1103, shall be listed for reference by the Departments. Lists of qualified products are for the convenience of the Departments, their contractors, and subcontractors in the performance of procurement functions. The reproduction of lists or any reference to lists, in whole or in part, for advertising or publicity purposes is prohibited. A list may be made available to prospective bidders or suppliers who require the list in furnishing supplies or services to the Government or its contractors.

§ 1.1104-2 Military lists.

Where qualification is in accordance with tests prescribed by specifications, the compilation, preparation, form, maintenance, and administration of qualified products lists shall be in accordance with the procedures prescribed

by the Assistant Secretary of Defense (Supply & Logistics). See "Military Manual for Qualified Products Lists" (Standardization Manual M204).

§ 1.1104-3 Department lists.

Where qualification is in accordance with tests prescribed by a Department, qualified products lists shall be compiled, prepared, maintained, and administered in accordance with procedures prescribed by that Department.

§ 1.1104 4 Distribution of list, notice of qualification, and other information.

(a) Each Department shall furnish copies of its list (including changes thereto) to each of the other Departments. Except as provided in § 1.1104-1 and paragraph (b) of this section, qualified products lists, letter notices of qualification, or other qualification information shall not be distributed outside the Departments.

(b) The Department responsible for qualification after appropriate determination that such action is in the best interest of the Government and in accordance with current security policy may:

(1) Release qualified products lists and other qualification information to other activities of the Federal Government;

(2) Release such lists and information to friendly foreign governments purchasing, operating or maintaining supplies, which involve products covered by specifications requiring qualification, on the condition that the information shall be used only in connection with furnishing supplies or services to that government; and

(3) Authorize the supplier or prospective supplier to furnish qualification information applicable to military specifications in the case of sales to friendly foreign governments which are purchasing, operating or maintaining supplies that involve products covered by specifications requiring qualification, after clearance with appropriate intelligence authority in each instance of procurement.

§ 1.1104-5 Publicity purposes.

No Department shall authorize the reproduction of lists or any reference to lists, in whole or in part, for advertising or publicity purposes.

§ 1.1104-6 Requirement that lists be kept open.

The lists shall always be open for inclusion of products from additional manufacturers as their products are submitted for qualification and become qualified.

§ 1.1104-7

Withdrawal of qualification

and removal from list.

The qualification of a product may be withdrawn by the Department concerned if it is determined that the product does not meet requirements. Before such withdrawal the manufacturer shall be notified that its product is being considered for withdrawal from the qualified products list, and the reasons therefor, and shall be given an opportunity to comment. If it is determined that the product no longer qualifies, the product shall be withdrawn from the qualified products list and the Department concerned shall notify the manufacturer of the withdrawal. A product may be removed from a list at the request of its manufacturer.

§ 1.1104-8 Effect of debarment or suspension.

Notwithstanding any other provision of this subpart, the inclusion of a product on the qualified products lists may be denied, and the qualification of a listed product may be withdrawn, by the Department concerned, without notification to the manufacturer, if the name of the manufacturer appears on the lists of debarred or ineligible bidders which are maintained pursuant to Subpart F of this part. With reference to Type B listings, the provisions of this section shall be applicable only if the qualified product is in the category prescribed by the Secretary of Labor (see § 1.603).

§ 1.1105 Procurement of qualified prod

(b) To encourage manufacturers to make timely arrangements for qualification tests of their products, contracting officers shall be governed by subparagraphs (1) through (3) of this paragraph.

(1) Synopsis of proposed procurement. The purchasing activity shall publicize the proposed procurement in the Synopsis, in accordance with § 1.1003 of this part, promptly upon receipt of the purchase requisition.

(2) Solicitation period. To the extent consistent with timely accomplishment of the procurement the period between issuance of the invitation for bids, or the request for proposals, and the opening of bids or the award of negotiated contracts should be the maximum time feasible. However, contracting officers shall insure that the solicitation period allows at least a minimum of 30 calendar days between the issuance and opening dates. Openings of less than 30 days may be set in cases of urgency: Provided, The justification for a shorter opening be in writing and made part of the procurement file. In appropriate cases, advance notice of procurements of qualified products may be given suppliers through the use of pre-invitation notices. Such notices shall identify specification requiring qualification and shall specify the time within which such qualification must be accomplished.

(3) Distribution. In procuring qualified products through formal advertisement, invitations for bid will not be restricted to manufacturers whose product has been qualified but will be invited from bidders in the same manner as if a qualified product were not involved. § 1.1105-2

Notice.

In procurements involving qualified products, the following provision shall be inserted in invitation for bids:

With respect to products requiring qualification, awards will be made only for such products that have, prior to time set for opening of bids, been tested and qualify for inclusion in the qualified products list identifled below, whether or not such products have actually been included in the list by that date. Manufacturers are urged to communicate with the office designated below and arrange to have the products that they propose to offer tested for qualification. Manufacturers having products not yet listed, but which have been qualified, are requested to submit evidence of such qualification with their bids or offers, so that they may be given consideration.