fied 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, as amended at 31 F.R. 1040, Jan. 27, 1966] § 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 (DECEMBER 1965) Awards for any end items which are required to be qualified products will be made only when such items have been tested and are qualified for inclusion in a Qualified Products List identified below (whether or not actually included in the List) at 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. 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 officers 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 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 by the applicable specification to be qualified products, such components shall have been tested and shall be qualified for inclusion in the Qualified Products List (whether or not actually included in the List) at the time of 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, pre-production 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. (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; 31 F.R. 1040, Jan. 27, 1966; 31 F.R. 4449, Mar. 16, 1966] § 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 Tуре В 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] § 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 (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 de termined 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 (i) 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); or (ii) Where the purchase involves an item which is the product of private development and the provisions of § 1.304 are complied with; or (8) Purchases for construction when nationally recognized industry and technical source specifications and standards are available (see § 18.107 of this chapter. (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, as amended at 33 F.R. 7357, May 18, 1968] § 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 standards 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-200.14251). 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 Other Specifications and Standards (Excluding Commercial). Submit request on DD Form 1425 (Specifications and Standards Requisition) to: Commanding Officer, U.S. Naval Publications and Forms Center, 5801 Tabor Avenue, Philadelphia, Pa. 19120. 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, 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. giving the same information as listed above, and the IFB or contract number involved. (b) Commercial Specifications and Standards. These specifications and standards are not available from Government sources. They may be obtained from the publishers. (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; (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, as amended at 31 F.R. 4449, Mar. 16, 1966; 34 F.R. 13838, Aug. 29, 1969] § 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 address) (30 F.R. 5969, Apr. 29, 1965] §1.1204 Preservation, packaging, pack ing, and marking policies. (a) All Department of Defense supplies, materials, and equipment shall be afforded the degree of preservation, packaging, and packing required to prevent deterioration and damage due to the hazards to which they must be subjected during shipment, handling, and storage. (b) Appropriate preparation for delivery requirements, preservation, packaging, packing, and marking shall be included in procurement documents. Requirements for preservation, packaging and packing shall be stated in terms of DoD levels; e.g., Level A, Level B, etc.; marking requirements shall be as provided in paragraph (d) of this section. (See § 19.204 of this chapter.) When a commodity specification is used for procurement, the required levels of preservation, packaging, and packing contained in that specification shall also be stated in the procurement document. A specimen clause for preservation, packaging, and packing for specification items is set forth in § 7.104-67(a) of this chapter. When a commodity specification is not used, the procurement document shall include (contain or refer to) detailed preservation, packaging, packing, and marking requirements for each applicable level. A specimen clause for preservation, packaging, and packing for nonspecification items is set forth in §7.104-67(b) of this chapter. (c) Item and destination information furnished by the requiring activity shall be used by the procuring contracting officer in determining appropriate level(s) of preservation-packaging, level(s) of packing, and required marking. Packaging specialists shall be used to the maximum extent practicable for the development or establishment of preservation, packaging, packing, and marking requirements for individual procurements and for evaluating the contractor's cost estimates or charges for such services. (d) Detailed marking requirements are provided in MIL-STD-129, "Marking for Shipment and Storage." Additional marking requirements shall be included in the contract or otherwise furnished by the procuring contracting officer. The clause in § 7.104-68 of this chapter is a minimum requirement, for inclusion, in procurement documents regarding marking of shipments. For items having shelf life limitations, the marking requirements shall include: (1) Dating or other maximum allowable age or shelf life limitations from time of delivery from the contractor or otherwise; (2) Required temperature, humidity, or other storage conditions; and (3) Type I or Type II shelf life data (see MIL-STD-129D) for each unit of material, issue, package, intermediate container, and exterior shipping container of packaged and packed items. See also § 3.409 (b) of this chapter. (e) Reports and recommendations furnished by the contract administration office concerning apparent instances of excessive or inadequate preservation, packaging, packing, and marking requirements in procurement documents shall be used by the procuring contracting office as a basis for reviewing those requirements. [33 F.R. 15383, Oct. 17, 1968] 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 F.R. 1693, Feb. 22, 1962] |