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SOURCE: 49 FR 12117, Mar. 28, 1984, unless otherwise noted.
(i) Offerors proposing to furnish an “equal" product, in accordance with the “Brand Name, or Equal" provision of this solicitation, shall provide the following information for the offered product: Item Number: Manufacturer's Name: Address: Product Name (if any): Product Make, Model or Catalog Descrip
410.004 Selecting specifications or de
scriptions for use. (a) In accordance with FAR 10.004(b)(2), purchase descriptions shall not specify a product, or specific feature of a product, peculiar to a manufacturer unless the office initiating the purchase request furnishes written documentation and the contracting officer concurs that the product, or specific product feature, is essential to the Government's requirements and other similar products will not meet their requirements.
(b) A “brand name or equal" purchase description shall be used only under the conditions listed in FAR 10.004(b)(3) and in accordance with the following policies and procedures.
(1) A “brand name product” is a commercial product described by its brand name, make, model number, catalog designation or other description by which it is regularly offered for sale in the commercial marketplace.
(2) A “Brand Name, or Equal" purchase description shall include the following type information to clearly indentify the specific item named by brand(s):
(i) Identification of the item by generic description.
(ii) Make, model number, catalog designation, or other description, and identification of the commercial catalog where it is listed.
(iii) Name of manufacturer, producer, or distributor of the item and complete address.
(3) All salient characteristics of the “brand name product or products'' which have been determined by the initiating office to be essential to the Government's minimum requirements shall be clearly identified and included in the purchase description under the heading, “Salient Characteristics."
(4) The following or similar language shall be included in every solicitation seeking offers on a “brand name, or equal" basis to allow offerors the opportunity to clearly identify the "equal” item being offered, and how that item meets the salient characteristics requirements of the Government:
Offerors shall also be responsible for submitting all additional information on the above product necessary for the Government to determine whether the product offered meets the salient characteristics of the “brand name" as listed in the solicitation.
(5) In addition, the provision at 452.210-70, Brand Name or Equal, shall be inserted in solicitations where "brand name or equal" purchase descriptions are used. This provision may be modified for use in negotiated contracts.
(c) The policies and procedures in this section and the provision at 452.210–70 are not applicable to contracts for construction services, since the use of trade name descriptions are covered by the clause at FAR 52.236-5, Material and Workmanship. (49 FR 12117, Mar. 28, 1984, as amended at 50 FR 14198, Apr. 10, 1985)
EFFECTIVE DATE NOTE: The information collection requirements contained in $410.004 will not be required until approved by the Office of Management and Budget.
HCA's are designated to authorize deviations as required by FAR 10.007 and are responsible for accomplishing the actions required by FAR 10.007. Copies of the applicable documents shall be provided to the Director, Office of Operations.
410.011 Contract clauses.
(a) The contracting officer shall insert the clause at 452.210-71, Statement of Work/Specifications, when the statement of work or specifications is included in Section J of the solicitation.
(b) The contracting officer shall insert the clause at 452.210-72, Attachment to Statement of Work/Specifications, when there are attachments to the statement of work or specifications. (53 FR 6063, Feb. 29, 1988)
PART 412–CONTRACT DELIVERY
AUTHORITY: 5 U.S.C. 301 and 40 U.S.C. 486(C).
(3) If the type of contract is a costplus-incentive-fee, the contracting officer shall use the clause with its Alternate II.
(4) If the type of contract is a costplus-award-fee, the contracting officer shall use the clause with its Alternate III.
(b) The contracting officer shall insert the clause at 452.212–71, Task Orders, when task orders will be used in a cost-reimbursement term contract.
(c)(1) The contracting officer shall insert the clause at 452.212–72, Period of Performance, when it is necessary to specify a period of performance, beginning on the date of award, date of receipt of notice of award, or a specified date.
(2) The contracting officer shall insert the clause at 452.212–73, Effective Period of the Contract, when it is necessary to specify the effective period of the contract.
Subpart 412.1-Delivery or Pertormance Schedules
412.104 Contract clauses.
(a)(1) If the type of contract is a costplus-fixed fee, the contracting officer shall insert the clause at 452.212–70, Level of Effort-Cost Reimbursement Term Contract.
(2) If the type of contract is a cost or cost-sharing, the contracting officer shall use the clause with its Alternate 1.
(53 FR 6063, Feb. 29, 1988)
414.201 Preparation of invitations for
(53 FR 6063, Feb. 29, 1988)
413.505–70 AD-744, Purchase Order-In
voice-Voucher. (a) Prescribed form. Form AD-744, Purchase Order-Invoice-Voucher, is prescribed for use by USDA in lieu of Standard Form 44.
(b) Restrictions on use. Form AD-744 shall not be used unless all four conditions under FAR 13.505-3(b) are satisfied. Additionally, use is precluded for any of the following purposes:
(1) As a confirming purchase order;
(2) As an order under a Blanket Purchase Agreement;
(3) As a receipt for purchases paid in cash;
(4) As an order for acquiring goods or services from Government agencies; or
(5) As a substitute for cash purchases using imprest funds, unless funds are not available.
(c) Accountability controls. Form AD744 shall be controlled and accounted for in accordance with the procedures
414.201-6 Solicitation provision.
The contracting officer shall insert the provision 452.214–70, Award by Lot, when multiple items are segregated into clearly identifiable lots and the contracting officer wants to reserve the right to award by item within a lot, if award in that manner would be advantageous to the Government.
(53 FR 6063, Feb. 29, 1988)
Subpart 414.4-Opening of Bids
and Award of Contract
SOURCE: 49 FR 12117, Mar. 28, 1984, unless otherwise noted.
414.404-1 Cancellation of invitations
after opening. HCA's are authorized to make the determinations under FAR 14.404-1 (c) and (e)(1). (51 FR 34566, Sept. 29, 1986)
PART 415-CONTRACTING BY
414.406 Mistakes in bids.
Subpart 415.1-General Requirements for
Negotiation Sec. 415.103 Converting from sealed bidding to
Subpart 415.4–Solicitation and Receipt of
Proposals and Quotations
415.407 Solicitation provisions. 415.408 Issuing solicitations. 415.411 Receipt of proposals and quotations.
Subpart 415.5-Unsolicited Proposals 415.504 Advance guidance. 415.506 Agency procedures.
Subpart 415.6-Source Selection
414.406-3 Other mistakes disclosed be
fore award. (a) Contracting offices shall send all cases of mistakes in bid described in FAR 14.406-3 (a), (b), and (d) through their HCA to the Director, Office of Operations, for an administrative determination. The Director, Office of Operations, shall submit all determinations to the Assistant General Counsel, Research and Operations Division, for approval.
(b) The HCA shall make the determination described in FAR 14.406-3(c). An HCA may redelegate this authority to a level no lower than the contracting officer. Each proposed determination is subject to the approval of the Assistant General Counsel, Research and Operations Division, or the appropriate Regional Attorney or Attorneyin-Charge, whoever routinely provides legal services for the contracting office.
(c) Doubtful cases that are to be submitted to the General Accounting Office for advance decision shall be submitted through the Director, Office of Operations.
415.607 Disclosure of mistakes before award. 415.608 Proposal evaluation. 415.612 Formal source selection.
Subpart 415.8-Price Negotiation 415.804 Cost or pricing data. 415.804-3 Exemptions from or waiver of sub
mission of certified cost or pricing data.
Subpart 415.10—Preaward, Award and
Postaward Notifications, Protests, and
415.1070 Post-award conference.
AUTHORITY: 5 U.S.C. 301 and 40 U.S.C. 486(c).
SOURCE: 49 FR 12118, Mar. 28, 1984, unless otherwise noted.
Subpart 415.1-General Requirements for Negotiation
414.4064 Mistakes after award.
If a mistake in bid is disclosed after award, the contracting officer shall make a final determination in accordance with the provisions of FAR 14.406 4 (b) and (c) and shall coordinate each proposed determination with the Assistant General Counsel, Research and Operations Division, or the Regional Attorney-in-Charge, whoever routinely provides legal services to the contracting office. Such coordination shall, at a minimum, consist of the contracting officer providing the proposed determination and the case file to the appropriate legal officer for comment.
415.103 Converting from sealed bid.
ding to negotiation procedures. HCA's are authorized to make the determination to permit the use of negotiation to complete an acquisition following the cancellation of an invitation for bids. (See 414.404-1).
(51 FR 34566, Sept. 29, 1986)
Subpart 415.4-Solicitation and 415.411 Receipt of proposals and Receipt of Proposals
Proposals and quotations. Quotations
Classified proposals and quotations
shall be handled as prescribed in Sub415.407 Solicitation provisions.
part 404.4. (a)(1) The contracting officer shall
415.413 Disclosure and use of informainsert a provision substantially the
tion before award. same as the provision at 452.215–71, Instructions for the Preparation of Tech
(a) Contracting officers shall use the nical and Business Proposals, when the
Alternate II procedures in FAR 15.413request for proposals requires offerors
2 and this 415.413 for the evaluation of to submit technical proposals and busi
proposals. ness proposals, including cost or pric
(b) The contracting officer may reing proposals.
lease proposals outside the Govern(2) The contracting officer shall in
ment for evaluation purposes, if the sert a provision substantially the same
HCA approves the written justification as Alternate I to the provision, when a
therefor submitted by the contracting contract for major facilities manage
officer. The justification must show in ment or other major services is con
sufficient detail the special needs or templated.
circumstances requiring the services of (b) The contracting officer shall in
experts outside the Government.
(c) sert the provision at 452.215–72, Amend
During the preaward ments to Proposals, in solicitations
preacceptance period, only the conwhich require the submittal of lengthy,
tracting officer, the head of the cogcomplex technical proposals.
nizant contracting office, provided (c) The contracting officer shall in
such person has contractual authority, sert a provision substantially the same
or others specifically authorized by eias the provision at 452.215–73, Submis
ther of them may communicate techsion
nical or other information to, or conof Proposals, when a proposal must be submitted in various formats
duct discussions with, offerors. Inforand quantities.
mation shall not be furnished to an (d) The contracting officer shall in
offeror if, alone or together with other sert the provision at 452.215–74, General
information, it may afford the offeror Financial and Organizational Informa
an advantage over other offerors. (See tion, in solicitations for negotiated
FAR 15.610) However, general informafixed-price or cost-reimbursement con
tion that is not prejudicial to other tracts.
offerors may be furnished. (e) The contracting officer shall in
(d) Agency personnel and non-Govsert a provision substantially the same
ernment evaluators having authorized as the provision at 452.215–75, Defini
access to information contained in protion of Labor Classifications, in cost
posals shall disclose neither the numreimbursement solicitations which
ber of offerors nor their identity to the identify the disciplines and levels of
public or to anyone in Government not expertise required to perform the ef
having a legitimate interest. fort. The requisitioning program office
(e) The contracting officer shall obshall identify for the contracting offi
tain the following written certification cer the labor classifications that may
and agreement from the non-Governappropriately apply. Paragraphs (c)
ment evaluator prior to the release of and (d) of the clauses are examples
any proposal to that evaluator. only, which may be modified or deleted
CERTIFICATION AND AGREEMENT FOR to accommodate the particular pro- THE USE AND DISCLOSURE OF PROPOS curement.
ALS (53 FR 6063, Feb. 29, 1988)
Offeror 415.408 Issuing solicitations.
1. I certify that to the best of my knowl
edge and belief, no conflict of interest exists Solicitations involving classified in
that may diminish my capacity to perform formation shall be issued as prescribed an impartial, and objective review of the in Subpart 404.4.
offeror's proposal, or may otherwise result in