the award was made after competitive negotiation (either price or design comE petition), include a statement to this effect and state in general terms the basis for selection.

[28 F.R. 12550, Nov. 23, 1963, as amended at 130 F.R. 14077, Nov. 9, 1965]

§ 1.1006 Release of procurement information.

[30 F.R. 6966, May 25, 1965]

§ 1.1006-1 Members of Congress.

(a) Individual requests. In addition to having access to that information available to members of the public, Members of Congress upon their request, shall be given detailed information regarding any particular Department of Defense procurement. The information given shall be responsive to the Congressional request; however, where responsiveness would result in disclosure of classified matter, business confidential information, or information which would be prejudicial to competitive procurement, the proposed reply, with full documentation, shall be referred to the Secretary of the Department concerned, and the appropriate legislative liaison office shall be informed. When a proposed reply is to be so referred to a Secretary, an interim reply shall be made to the Congressional request indicating the action being taken.

(b) Inclusion on bidders mailing lists. Any member of any Committee or Subcommittee of the Congress which is interested in procurement matters shall, upon request of the Committee or Subcommittee Chairman, be placed on applicable bidders mailing lists to receive automatic distribution of bid and pro-posal information in the specified area of interest.

[30 F.R. 6966, May 25, 1965]

§ 1.1007 Public release of long-range procurement estimates. [30 F.R. 12000, Sept. 21, 1965]

§ 1.1007-1 General.

To assist industry in planning its production, it may be desirable to announce to the public unclassified long-range procurement estimates on certain items, groups or types of items, or materials procured by the Department of Defense. Procurement estimates with respect to proposed purchases may be provided to industry as far in advance as possible under the conditions contained in §§ 1.1007-3 and 1.1007-4.

[30 F.R. 12000, Sept. 21, 1965]

§ 1.1007-2 Application.

Public release of long-range procurement estimates may be made by a Head of a Procuring Activity or his designee if he determines that the:

(a) Information to be released will assist industry in its planning and facilitate meeting the procurement requirements;

(b) Announcement will not adversely affect procurement by encouraging undesirable practices, such as attempts to corner the market or hoard industrial materials; and

(c) Information to be released will not indicate the existing or potential mobilization of the industry as a whole. [30 F.R. 12000, Sept. 21, 1965]

§ 1.1007-3 Conditions.

The conditions set forth below shall be adhered to in the preparation and issuance of long-range procurement estimates.

(a) The Head of a Procuring Activity or his designee shall be responsible for the determination of the need for, and the preparation of, the proposed an

information is subject to modification, is in no way binding on the Government, and that more specific information relating to any individual item or class of items will not be furnished until the proposed procurement is synopsized in the Commerce Business Daily (see § 1.1003), or the solicitation issued.

(e) Each release shall contain the name and address of the purchasing office which will process the procurement.

(f) Modifications to the original release shall be publicized as expeditiously as possible, in the same manner as the original.

(g) Each proposed release shall be coordinated with small business, public information, and public relations personnel, as appropriate.

(h) Each release shall contain, if applicable, a statement to the effect that small business or labor surplus area setasides may be involved in some of the procurements, and that the determination of the applicability of these factors can be made only at the time that procurement action is initiated.

(i) Each release shall contain the name or description of the item, and the estimated quantity to be purchased by calendar quarter, fiscal year, or other period. It may also contain such additional information as the number of units last purchased, the unit price, and the name of the last supplier. [30 F.R. 12000, Sept. 21, 1965]

§ 1.1007-4 Commerce Business Daily

announcements.

(a) General. In addition to the publication of estimates as provided in § 1.1007-3, further publication, where consistent with the needs of the individual case, shall be accomplished by announcements in the Commerce Business Daily reflecting the fact that long-range procurement estimates have been published and are obtainable, on request, from the issuing organization.

(b) Preparation and transmittal. Activities publishing long-range procurement estimates shall, in accordance with paragraph (a) of this section, publicize them in the Commerce Business Daily by forwarding to the address listed in § 1.1003-9(a) (1) or (2) an announcement reflecting the fact that a longrange procurement estimate has been published and citing the address of the office from which a copy of the estimate can be obtained. Each announcement

estimates, which are subject to revision and are in no way binding on the Government, may be obtained, by request, from the Defense Personnel Support Center (Attention: Procurement and Production Directorate). 2800 South 20th Street, Philadelphia, Pa., 19101.

[30 F.R. 12000, Sept. 21, 1965]

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, such products may be subjected to qualification tests to determine if they are qualified for use. The results of such testing and approval are set forth in a qualified products list. Testing of a product for compliance with the requirements of a specification in advance of, and dependent of any specific procurement action, is known as qualification testing. The entire process by which products are obtained from suppliers, examined and tested, and then identified on a list of qualified products is known as qualifications.

(b) Qualified products are those products which, in accordance with specifications containing qualification requirements, have been subjected to examination and tests and have been found to satisfy all requirements of the applicable specification. Qualified products lists identify the specification, manufacturer, item by part or model number or trade name, place of manufacture, and the test report involved. Suppliers whose products have successfully completed qualification testing and who furnish evidence thereof, are eligible for award although not yet included on the qualified products list.

(c) Specifications which require products to be tested and qualified are identified in the Department of Defense Index of Specifications and Standards Chapter IV, Defense Standardization Manual (M200) is the basic directive concerning the qualified products and qualification procedures. Copies of the Index and the Manual may be obtained by the public from the Superintendent of Docu

The specification is the only medium for establishing a requirement for qualification. The preparing activity identified in the specification is responsible for qualification.

[27 F.R. 3446, Apr. 11, 1962]

§ 1.1103 Justification for inclusion of qualification requirements.

Subject to approval by: In case of the Army, the Directorate of Procurement and Production, AMC; in the Navy, the Office of Naval Material; and in the Air Force, the Directorate of Systems Services (AFSSV), Headquarters, USAF; and in the Defense Supply Agency, the Executive Director, Procurement and Production; a qualification requirement may be included in a specification when one or more of the following conditions exist:

(a) The time required for testing in connection with production would unduly delay delivery of the supplies being purchased;

(b) The tests would require special equipment not commonly available; (c) The costs of repetitive testing would be excessive; or

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

[28 F.R. 4881, May 16, 1963]

Qualified products lists are intended for the use of the Government and its contractors, subcontractors, prospective bidders, and suppliers. Lists may be obtained by prospective bidders or suppliers who require these lists in furnishing supplies or services to the Government or its contractors. Lists are also available to the public upon request. When a person is provided with, or given access to, a qualified products list he should be advised as follows:

(a) The list has been prepared for use by or for the Government in the procurement of products covered by the specification and such listing of a product is not intended to and does not connote indorsement of the product by the Department of Defense.

§ 1.1105

Opportunity for qualification.

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 where possible 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 item as a qualified product. Appropriate notice of such determination shall be furnished to the U.S. Department of Commerce (Synopsis), Administrative Service Office, Room 1300, 433 West Van Buren Street, Chicago, Illinois, 60607, for publication in the daily "Synopsis of U.S. Government Proposed Procurement, Sales and Contracts Award". The publicity given to the requirement for qualification testing shall include the following:

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

(b) 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

(c) 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. Lists shall always be kept open for inclusion of products from additional suppliers.

[28 F.R. 12551, Nov. 23, 1963]

§ 1.1106 Clarification of qualification

requirements.

When there is any question concerning qualification requirements in a specification, the activity that prepared the specification will furnish clarification when requested by the contracting activity.

[27 F.R. 3446, Apr. 11, 1962]

§ 1.1107 Procurement of qualified prod

ucts.

[27 F.R. 3446, Apr. 11, 1962]

§ 1.1107-1 General.

(a) Whenever qualified products are to be procured by the Government as end items, only bids or proposals offering products which have been qualified prior to the opening of bids or award of negotiated contracts shall be considered in making award.

(b) Whenever a qualified product is to be procured by a prime contractor as a component of an end item, the prime contractor shall be required to furnish a component which has been tested and qualified for inclusion in the applicable Qualified Products List by the time of award of the subcontract. Delay resulting from the prime contractor awaiting qualification approval by the Government of a component shall not constitute excusable delay when a previously qualified component could have been procured in time to meet the end item delivery schedule.

(c) Procurements involving qualified products shall be governed by subparagraphs (1) through (4) of this paragraph.

(1) Synopses of proposed procurements shall be published by purchasing activities, in accordance with § 1.1003, promptly upon receipt of purchase requests.

(2) The maximum time consistent with delivery requirements shall be allowed between issuance of the solicitation and the opening of bids or the award of a negotiated contract. As a minimum, however, contracting officers shall allow 30 calendar days between the dates of issuance and opening (award, in the case of negotiated contracts), Provided, That periods of less than 30 days may be set in cases of urgency when the justification for a shorter period is set forth in writing and made a part of the procurement file. In appropriate cases, advance notice of procurement involving qualified products may be given suppliers through the use of preinvitation notices. Such notices shall identify the specification requiring qualification.

(3) In procuring qualified products by formal advertising, invitations for bids will be distributed to suppliers in the same manner as if a qualified product were not involved, and will not be restricted to suppliers whose products have been qualified.

(4) Contracting officers shall forward requests from suppliers concerning qualification of products to the specification preparing activity.

[30 F.R. 5967, Apr. 29, 1965]

§ 1.1107-2 Contract provisions.

(a) When qualified end products are to be procured by the Government, insert the following provision in the solicitation:

NOTICE QUALIFIED END PRODUCTS
(JANUARY 1965)

Awards for any end items which are required to be qualified products will be made only when such items have been tested and have qualified for inclusion in a Qualified Products List identified below (whether or not actually included in the List) before the time set for opening of bids, or the time of award in the case of negotiated contracts, Offerors should contact the office designated below to arrange to have the products which they intend to offer tested for qualification.

The offeror shall insert the item name and the test number (if known) of each qualified product in the blank spaces below. Item name-

Test No..

Offerors offering products which have been tested and qualified, but which are not yet listed, are requested to submit evidence of such qualification with their bids or proposals, so that they may be given consideration. If this is a formally advertised procurement, any bid which does not identify the qualified product being offered, either above or elsewhere in the bid, will be rejected. Contracting officer shall identify, following the above notice, each Qualified Products List involved and give the name and address of the office, as identified in the specification, with which manufacturers should communicate.

(b) When qualified products are to be procured as components of end items, insert the following provision in the solicitation:

QUALIFIED PRODUCTS COMPONENTS (AUGUST

1965)

When any of the end items which are to be supplied to the Government by the Contractor will contain one or more components which are required to be Qualified Products, such components shall have been tested and have qualified for inclusion in a Qualified Products List identified below (whether or not actually included in the List) before the award of any subcontract by the Contractor for such components, or, in the event the Contractor plans to manufacture such components himself, shall have been so tested and have so qualified before the Contractor begins to manufacture such components for

performance of this Contract (not before manufacture of the prototype, preproduction model, or first article, for qualification testing). Unless required for interchangeability or compatibility, the Contractor shall not cite brand names from any Qualified Products List in any subcontract solicitation, but shall refer to the pertinent military specification so that optimum competition may be obtained. Delay resulting from the Contractor awaiting qualification approval by the Government of a component shall not constitute excusable delay when a previously qualified component could have been procured in time to meet the end item delivery schedule.

Contracting officers shall, following the above provision, identify each Qualified Products List involved and give the name and address of the office, as identified in the specification, with which manufacturers should communicate.

[30 F.R. 5968, Apr. 29, 1965, as amended at 30 F.R. 14077, Nov. 9, 1965]

§ 1.1107-3 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). [27 F.R. 3446, Apr. 11, 1962]

§ 1.1108 Waiver of qualification requirement.

When procuring a product under a specification which includes qualification requirements either for the end item or for components of the end item, such qualification requirements can be waived only by the activity that prepared the specification. In appropriate cases, when requested by the contracting officer, the preparing activity may waive qualification requirements. A notice, issued by the preparing activity, directing a waiver of the qualification requirement, constitutes adequate authorization for waiver of product qualification requirements. Where waivers have been granted, solicitations shall specifically indicate

that the qualification requirement is inapplicable. Such information shall also be included in any Synopsis of the procurement.

[30 F.R. 5968, Apr. 29, 1965]

§ 1.1109

Inadequate competition.

(a) Pre-solicitation. In connection with procurement of a qualified product as an end item, the contracting officer shall review the applicable Qualified Products List prior to solicitation to ascertain whether the number of sources is adequate for competition. If, in the opinion of the contracting officer, the number of sources is inadequate, action shall be taken as prescribed below unless he already has the necessary information.

(1) The contracting officer shall request the activity that prepared the specification to provide information concerning the status of tests on additional products, including the anticipated dates when such tests will be completed so that opening of bids or submission of proposals may be so scheduled as to allow completion of the tests.

(2) If no tests are being conducted or contemplated, the contracting officer shall further request the preparing activity to advise whether a means of quality assurance other than qualification approval may be substituted in the procurement.

(b) Post-solicitation. The contracting officer shall advise the specification preparing activity of the name and address of any concern which requested copies of the solicitation but was not included on the Qualified Products List. The specification preparing activity may then attempt to interest such concerns in becoming qualified.

[30 F.R. 5968, Apr. 29, 1965]

§ 1.1110 Reporting nonconformance with specification requirements.

If a supplier on the qualified products list repeatedly submits products not meeting specification requirements for inspection, resubmits products previously rejected without correcting the defects, or is otherwise unsatisfactory in the performance of contracts, he shall be reported to the activity that prepared the specification for a determination as to whether the supplier's product shall be removed from the list.

[27 F.R. 3447, Apr. 11, 1962]