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 perti• nent 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 FR. 5969, Apr. 29, 1965]

• § 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) The contract administration office shall report and make recommendations concerning unrealistic preservation, packaging, packing, and marking requirements to the purchasing office. [30 F.R. 5969, Apr. 29, 1965, as amended at 31 F.R. 9852, July 21, 1966]

(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 salient 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, or 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 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 F.R. 1693, Feb. 22, 1962]

§ 1.1206-3 Invitation for bids-"Brand Name or Equal" Purchase Descriptions.

(a) Except as provided in paragraph (c) of this section, when a "brand name or equal" purchase description is included in an invitation for bids, the following shall be inserted after each item so described in the invitation, for completion by the bidder:

(b) In addition, the following clause shall be included in the invitation:

BRAND NAME OR EQUAL (Nov. 1961)

(As used in this clause, the term "brand name" includes identification of products by make and model.)

(a) If items called for by this Invitation for Bids have been identified in the Schedule by a "brand name or equal" description, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that 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.

to

(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 the purchasing activity. CAUTION TO BIDDERS. The purchasing activity is not responsible for locating or securing any information which is not identified in the old 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 (1) 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 (11) 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 the end item and (2) the clause in § 1.1206-3(b) was applicable to such component parts or accessories (see § 1.12063(c)).

[27 F.R. 1693, Feb. 22, 1962]

§ 1.1206-5 Procedure for negotiated

procurements.

(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

[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]

§ 1.1006-2 General public.

Requests from the general public, including suppliers, for specific information such as the number or types of supplies purchased and prices paid during extended periods of time, will generally be denied. The inquirer shall be informed that it is not the Department of Defense policy to compile and disseminate such information; but see §§ 2.408 and 3.508 of this chapter. [30 FR. 14077, Nov. 9, 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.