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 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:

(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, as amended at 31 F.R. 13329, Oct. 14, 1966]

§ 1.1104 Availability of lists.

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.

(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]

§ 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, 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]

[27 FR. 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 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 re

(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.

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 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
(DECEMBER 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 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 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 FR. 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 FR. 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 FR. 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

taining 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]

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 establisted 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).

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
STANDARDS

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 Supply Depot 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, 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]

§ 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