§ 1.1111 Misuse of qualified products list information. Misuse of qualified products list information, such as for advertising or publicity purposes, shall be reported promptly to the preparing activity. [27 F.R. 3447, Apr. 11, 1962] Subpart L-Specifications, Plans, and Drawings § 1.1201 General. (a) Plans, drawings, specifications or purchase descriptions for procurements shall state only the actual minimum needs of the Government and describe the supplies and services in a manner which will encourage maximum competition and eliminate, insofar as is possible, any restrictive features which might limit acceptable offers to one supplier's product, or the products of a relatively few suppliers. Items to be procured shall be described by reference to the applicable specifications or by a description containing the necessary requirements. When specifications are cited, all amendments or revisions thereof, applicable to the procurement, should be identified and the identification shall include the dates thereof. Drawings and data furnished with solicitations shall be clear and legible. (b) Many specifications cover several grades or types, and provide for several options in methods of inspection, etc. When such specifications are used, the solicitation shall state specifically the grade, type, or method of inspection, etc., on which bids or offers are to be based. [29 F.R. 6913, May 27, 1964, as amended at 30 F.R. 5968, Apr. 29, 1965] § 1.1202 Mandatory specifications. (a) Except as provided in paragraph (b) of this section the following specifications are mandatory for use by the Department of Defense in the procurement of supplies and services covered by such specifications: (1) Federal specifications, unless determined by the Department of Defense to be inapplicable for its use; and (2) Coordinated Military specifications approved by the Department of Defense for its use. (b) Federal and Military specifications need not be used for the following unless required by Departmental instructions: (1) Purchase incident to research and development; (2) Purchase of items for test or evaluation; (3) Purchase of laboratory test equipment for use by Government laboratories; (4) Purchase of items for authorized resale except military clothing; (5) Purchase of items in an amount not to exceed $2,500 (multiple small purchases of less than $2,500 of the same item shall not be made for the purpose of avoiding the use of Federal or Military specifications); (6) Purchase of one-time procurement items; or (7) Purchase of items for which it is impracticable or uneconomical to prepare a specification (repetitive use of a purchase description containing the essential characteristics of a specification will be construed as evidence of improper use of this exception). (c) If it is determined, in accordance with the procedures established under the Defense Standardization Program by the Assistant Secretary of Defense (Supply and Logistics), that the specifications listed in paragraph (a) of this section do not meet the particular or essential needs of a bureau, service, or command, then (except as provided in paragraph (b) of this section) applicable interim Federal specifications or limited coordinated Military specifications should be used. (d) Whenever a specification is found to be inadequate, immediate action shall be taken to effect the issuance of an amendment or revision in accordance with established procedures to obviate the necessity for repeated departures from the specification. [25 F.R. 14107, Dec. 31, 1960] § 1.1203 Availability of specifications, standards, plans, and drawings. [30 F.R. 5968, Apr. 29, 1965] § 1.1203-1 General. Each solicitation shall be accompanied by the applicable specifications, standards, plans, drawings, and other pertinent documents, or shall state where such documents may be obtained or examined, in accordance with §§ 1.12031.1203-3. [30 F.R. 5968, Apr. 29, 1965] § 1.1203-2 Specifications and standards listed in the Department of Defense Index of Specifications and Standards (DODISS). (a) A Department of Defense Single Stock Point (DODSSP) has been established at the Naval Supply Depot at Philadelphia for unclassified Federal, Military, and other specifications and standards (including commercial) listed in the Department of Defense Index of Specifications and Standards (DODISS). Except as provided in paragraph (b) of this section, such specifications and standard normally will not be furnished with the solicitation, but the solicitation shall contain a provision substantially as set forth below. Only that portion of the provision applicable to the particular solicitation should be used (see also F-200.1425 1). (b) Specifications and standards listed in the DODISS (excluding commercial) may be furnished with the solicitation where: (1) The nature and complexity of the item are such that furnishing with the solicitation is necessary to enable prospective contractors to make a competent initial evaluation of the solicitation; 1 Appendix F has been filed with the Office of the Federal Register; copies of forms may be obtained through the contracting officer in any of the military departments. AVAILABILITY OF SPECIFICATIONS AND Specifications and standards cited in this Invitation for Bids/Request for Proposals are available as indicated below: (a) Unclassified Federal, military, and 2 other specifications and standards (excluding commercial). Submit request on DD Form 1425 (Specifications and Standards Requisition) to: Commanding Officer, U.S. Naval Supply Depot, DD Form 1425 shall be completed to indicate the specification title, number, date, and any applicable amendment thereto by $number and date. An initial request, where the prospective Contractor does not have DD Form 1425, may be submitted in letter form, giving the same information required on DD Form 1425. (b) Commercial specifications and standards. These specifications and standards are not available from Government sources. They may be obtained from the publishers. (2) In the judgment of the contracting officer, it would be impracticable for prospective contractors to obtain the specifications and standards from the DODSSP in time to submit a bid or proposal, e.g., urgency of the procurement, isolated geographical area, or other cogent reason; or (3) A prospective contractor who has not previously bid on the item requests a copy of the solicitation. (c) Purchasing activities may obtain copies of all unclassified specifications and standards (including commercial) listed in the DODISS by sending DD Form 1425 to the DODSSP. [30 F.R. 5968, Apr. 29, 1965] § 1.1203-3 Specifications and standards not listed in DODISS, and plans, drawings, and other pertinent docu ments. Specifications and standards not listed in the DODISS, and plans, drawings, and other pertinent documents (including new or revised Federal or Military specifications and standards not yet listed in the DODISS) normally shall be furnished with the solicitation. Where this is not feasible because of the bulk of the documents, the limited number of copies available, or for some other good reason, the solicitation shall include a provision substantially similar to (a) or (b) below, as appropriate. (a) Availability of specifications, standards, plans, drawings, and other pertinent documents. The specifications, standards, plans, drawings, and other pertinent documents cited in this Invitation for Bids/Request for Proposals may be obtained by submitting a request to: (Activity) (Complete address) Requests should give the number of the Invitation for Bids/Request for Proposal, and the title and number of the specification, standard, plan, drawing or other pertinent document requested, exactly as cited in this Invitation/Request. (b) Availability of specifications, standards, plans, drawings, and other pertinent documents. The specifications, standards, plans, drawings, and other pertinent documents cited in this Invitation for Bids/ Request for Proposals may be examined at the following locations: (Insert complete addresses) [30 F.R. 5969, Apr. 29, 1965] 107 § 1.1204 Packaging requirements. (a) Appropriate preservation, packaging, packing, and marking requirements will be included in contracts as applicable. The services of packaging technicians shall be used to the maximum extent practicable, for example, for the following purposes: (1) Development or establishment of preservation, packaging, packing, and marking requirements for individual procurements; and (2) Assistance in evaluating the reasonableness of contractors' packaging, packing, and marking cost estimates or charges. (b) Unrealistic preservation, packaging, packing, and marking requirements should be reported an changes recommended to the activity originating the requirement and to the contracting officer. [30 F.R. 5969, Apr. 29, 1965] § 1.1205 Offshore procurement. Contracting officers accomplishing offshore procurement are authorized to use, where necessary, such specifications, standards, and purchase descriptions of foreign governments, or groups thereof, foreign trade associations, or purchase descriptions developed locally which will be readily understood by foreign vendors, provided, adequate measures are taken to insure satisfactory and acceptable products, including standard and interchangeable items, where required. [25 F.R. 14107, Dec. 31, 1960] § 1.1206 Purchase descriptions. [27 FR. 1693, Feb. 22, 1962] (a) A purchase description may be used in lieu of a specification when authorized by § 1.1202(b) and, subject to the restriction on repetitive use in § 1.1202(b) (7), where no applicable specification exists. A purchase description should set forth the essential characteristics and functions of the items or materials required. Purchase descriptions shall not be written so as to specify a product, or a particular feature of a product, peculiar to one manufacturer and thereby preclude consideration of a product manufactured by another company, unless it is determined that the particular feature is essential to the Government's requirements, and that similar products of other companies lacking the particular feature would not meet the minimum requirements for the item. Generally, the minimum acceptable purchase description is the identification of a requirement by use of brand name followed by the words "or equal." This technique should be used only as a last resort when an adequate specification or more detailed description cannot feasibly be made available in time for the procurement under consideration. Purchase descriptions of services to be procured should outline to the greatest degree practicable the specific services the contractor is expected to perform. (b) The words "or equal" should not be added when it has been determined in accordance with paragraph (a) of this section that only a particular product meets the essential requirements of the Government, as, for example, (1) where the required supplies can be obtained only from one source; (2) procurements negotiated under § 3.207 of this chapter for specified medicines or medical supplies where it has been determined that only a particular brand name will meet the essential requirements of the Government; or (3) procurements negotiated under § 3.208 of this chapter for supplies for resale where it has been determined by a selling activity that only a particular brand name will meet the desires or preferences of its patrons. [27 F.R. 1693, Feb. 22, 1962] § 1.1206-2 Brand name or equal purchase description. (a) Purchase descriptions which contain references to one or more brand name products followed by the words "Or equal" may be used only when authorized by § 1.1202(b) and in accordance with §§ 1.1206-3 and 1.1206-4. 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 sa lient physical, functional, or other characteristics of the referenced products which are essential to the needs of the Government. For example, where interchangeability of parts is required, such requirements should be specified. Purchase descriptions should 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; and (3) Name of manufacturer, producer, For 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 2 invitation for bids or request for proposals as being that of the particular named manufacturer, producer, or distributor. The contracting officer will insure that a copy of any catalogs referenced (except parts catalogs) is available on request for review by bidders at the purchasing office. [27 FR. 1693, Feb. 22, 1962] will be satisfactory. Bids offering "equal" products 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 name products referenced in the Invitation for Bids. (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. (c) (1) If the bidder proposes to furnish an "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 based on information furnished by the bidder 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 is not identified in the pid and reasonably available to the purchasing activity. Accordingly, to insure that sufficient information is available, the bidder must furnish as a part of his bid all descriptive material (such as cuts, illustrations, drawings, or other information) necessary for the purchasing activity to (i) determine whether the product offered meets the requirements of the Invitation for Bids and (11) establish exactly what the bidder proposes to furnish and what the 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 the purchasing activity. (2) If the bidder proposes to modify a product so as to make it conform to the requirements of the Invitation for Bids, he shall (1) include in his bid a clear description of such proposed modifications and (ii) clearly mark any descriptive material to show 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. (c) (1) Where component parts of an end item are 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 paragraph (b) of this section to such component parts would be impracticable, the requirements of paragraph (a) of this section shall not apply with respect to such component parts. In such cases, if the clause is included in the Invitation for Bids for other reasons, a statement substantially as follows also shall be included: or The clause entitled "Brand Name Equal" does not apply to the following component parts: (List the component parts as to which the clause does not apply.) (2) In the alternative, if the contracting officer determines that the clause in paragraph (b) of this section should apply to only certain such component parts, the requirements of paragraph (a) of this section shall apply to such component parts and a statement substantially as follows also shall be included: The clause entitled "Brand Name or Equal" applies to the following component parts: (List the component parts to which the clause applies.) (d) 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. [27 F.R. 1693, Feb. 22, 1962] § 1.1206-4 Bid evaluation and award"brand name or equal" purchase 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 § 1.1206-3(b) 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 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 of component parts or of accessories related to (a) The policies and procedures prescribed in §§ 1.1206-2 through 1.1206-4 for formally advertised procurements shall be generally applicable to negotiated procurements. (b) The clause in § 1.1206-3 (b) 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. [27 F.R. 1693, Feb. 22, 1962] § 1.1207 Alternate articles or qualities. Invitations for bids and requests for proposals may provide for alternate bids or proposals on different articles or qualities of material, e.g., where two or more articles will be equally acceptable to the Government depending upon relative price. However, the alternate articles or qualities must be precisely described to assure that the same degree of competition is obtainable on the alternate bids or offers as is obtainable on the basic articles described. [25 F.R. 14108, Dec. 31, 1960] § 1.1208 Procurement of used and reconditioned material and former Government surplus property. (a) Generally, all supplies or components thereof, including former Government property, purchased by the Military Departments shall be new (not used of reconditioned, and not of such age or so deteriorated as to impair their usefulnes or safety). However, the needs of the Government may sometimes be met, and economies effected, through the purchase of items which are not new. Solicitation and the resulting contracts shall in clude a clause, substantially as set forth below, except when the clause would serve no useful purpose. This clause i appropriate for use not only in supply contracts, but also in service contract which may involve an incidental furnish |