(2) adequate plans, drawings or specifications to describe requirements are not available, (3) security clearance is required, or (4) other circumstances exist which should be brought to the attention of prospective sources for consideration in order to clearly indicate those qualifying factors affecting the procurement, should be so identified in the synopsis. Appropriate notations for inclusion in the synopsis, such as set forth below, should be devised to meet the needs of specific situations.

(1) Availability of Specifications, Plans or Drawings:

It will be impracticable to distribute the applicable

It is suggested that small business firms or others interested in subcontracting opportunities in connection with this procurement make direct contact with the above firms.

(g) Each reporting office will discuss the instructions contained in this section with its communications office so that the manner in which the message is to be transmitted is understood by the office preparing the message and the communications office.

[25 F.R. 14103, Dec. 31, 1960, as amended at 27 F.R. 1692, Feb. 22, 1962; 27 F.R. 3445, Apr. 11, 1962; 29 F.R. 9748, July 21, 1964; 30 FR. 6966, May 25, 1965; 30 F.R. 14888, Dec. 2, 1965; 31 F.R. 9852, July 21, 1966; 32 F.R. 4242, Mar. 18, 1967]

§ 1.1004 Disclosure of information prior to award.

(a) A high level of business security must be maintained in order to preserve the integrity of the procurement process. Occasionally, it is necessary to contact potential contractors and others outside the Department of Defense to obtain information regarding wage rates, material costs, and the like, in order to prepare Government estimates in connection with proposed procurements; however, these estimates and other details regarding such proposed procurements shall not be publicized nor discussed with prospective contractors.

(b) Maximum information may be made available to the public except (1) advance information on proposed plans regarding procurements, which information would provide undue or discriminatory advantage to private or personal interests; (2) information which is received in confidence; (3) information which otherwise requires protection under § 1.329-3(c); or (4) information as to referrals (for technical review, contracting authority, or other reasons) or recommendations made with respect thereto in connection with any given procurement. This policy applies to all Government personnel who participate directly or indirectly in any stage of the procurement cycle. (See §§ 1.1006, 2.211, 3.507, 3.508, and 3.804 of this chapter.) Information submitted by the bidder or offeror in confidence, and information which might jeopardize the position of the Government or any prospective con

tractor shall not be released, except as provided in §§ 1.1006 and 3.508 of this chapter. (See § 1.705-3 as to information to be released to the SBA, and § 1.1007 for procedures for publicizing long-range procurement estimates.)

[30 F.R. 6966, May 25, 1965, as amended at 32 F.R. 16400, Nov. 30, 1967]

§ 1.1005 Publicizing award information. [28 F.R. 12550, Nov. 23, 1963]

§ 1.1005-1 Synopsis of contract awards.

(a) General. With the exception of awards to SBA using the authority of section 8(a) of the Small Business Act, awards of all unclassified contracts to be performed in whole or in part within the United States, exceeding $25,000 in amount, shall be published in the Commerce Business Daily "Synopsis of U.S. Government Proposed Procurement, Sales and Contract Awards.”

(b) Preparation and transmittal. (1) Purchasing officers shall prepare and forward single copies of synopses of contract awards, using the same format as prescribed for synopses of proposed procurements in § 1.1003-9, to the address below, by airmail or ordinary mail whichever is considered most expeditious, before the close of business at the end of each week.

U.S. Department of Commerce, Commerce Business Daily, Post Office Box 5999, Chicago, Ill. 60680.

(2) The synopsis of contract awards shall contain the following information: (i) The name and address of purchasing office;

(ii) The classification code applicable to the procurement action;

(iii) A clear and concise description of the supplies or services being procured, such description to be followed by the contract number and date and, in parentheses, by the applicable number of the invitation for bids or request for proposals;

(iv) The quantity of each item;

(v) The dollar amount of the award; (vi) The name and full address of the contractor;

(vii) For FOB destination procurement when total shipments from a point of origin to a point of destination will exceed 200,000 pounds and destinations are firm

(a) Origin point of shipment when different from subdivision (vi) of this subparagraph;

36-070-70-10

(b) CONUS destination of shipment (see § 1.1003–9(b)(6)); and

(c) Scheduled delivery period (beginning and ending dates); and

(viii) When requested by the prime contractor, a statement of the industries, crafts, processes, or component items in or for which subcontracts are available and subcontractors are desired, together with the general area, if any, indicated by the prime contractor, such as Southeast States, West Coast, New England.

128 F.R. 1255, Nov. 23, 1963, as amended at 30 F.R. 14889, Dec. 2, 1965; 34 FR. 13838, Aug. 29, 1969]

In addition to the Synopsis required above, contract awards may be the subject of press releases or other public announcements. When such press releases or public announcements are made, for procurements of $10,000 or more, they shall include the following information:

(a) For awards after formal advertising, state that the contract was awarded after competition by formal advertising and include the number of bids solicited and the number received, and state in general terms the basis for selection, e.g., the lowest responsible bidder.

(b) For awards after procurement by negotiation, include the information contained in the notice precribed by § 3.508-3 of this chapter and where the award was made after competitive negotiation (either price or design competition), 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 31 F.R. 7807, June 2, 1966]

§ 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 proposal information in the specified area of interest.

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

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 un

(c) The information shall be:

(1) Released as nearly simultaneously as possible, and

(2) Consistent with the needs of the individual case, publicized as widely as practicable by any or all of the following means: dissemination to prospective bidders on the purchasing office's bidders lists, posting in public places, and other appropriate means.

(d) Each release shall state that the estimate is based on the best information available at the time of publication, the 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.

(1) 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 should be prepared substantially as the following example.

The Defense Personnel Support Center has published an estimate of equipment and footwear procurement requirements for Quarters FY

and

These 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 Documents, U.S. Government Printing Office, Washington, D.C. 20402.

[27 F.R. 3446, Apr. 11, 1962, as amended at 28 FR. 12551, Nov. 23, 1963]

§ 1.1102 Responsibility for qualifica

tion.

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 Logistic Data Management Office, AMC; in the Navy, the Chief of Naval Material; and in the Air Force, the Directorate of Procurement Policy (AFSPPE) Standardization Group, 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:

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.

(b) All products listed have been qualified under the requirements for the product as specified in the latest effective issue of the applicable specification;

(c) The list may be revised or amended as necessary, and subject to change without notice;

(d) The listing of a product does not release the supplier from compliance with the specification requirements; and

(e) Use of the information for advertising or publicity purposes is expressly forbidden.

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

furnished to the U.S. Department of Commerce, Commerce Business Daily, Post Office Box 5999, Chicago, Ill. 60680, requesting publication in five consecutive issues of 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, as amended at 31 F.R. 1040, Jan. 27, 1966]

§ 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 are qualified for listing on the applicable Qualified Products List at the time set for opening of bids or award of negotiated contracts shall be considered in making awards.

(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 quali