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]

§ 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 FR. 5969, Apr. 29, 1965, as amended at 31 FR. 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

Contracting officers accomplishing offshore procurement are authorized to use, where necessary, such specifications, standards, and purchase descriptions of foreign governments, or groups thereof,

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

(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.

(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 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 (i) determine whether

the product offered meets the requirements of the Invitation for Bids and (ii) 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 In_vitation 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

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 or reconditioned, and not of such age or so deteriorated as to impair their usefulness or safety). However, the needs of the Government may sometimes be met, and economies effected, through the purchase of items which are not new. Solicitations and the resulting contracts shall include a clause, substantially as set forth below, except when the clause would serve no useful purpose. This clause is appropriate for use not only in supply contracts, but also in service contracts which may involve an incidental furnishing of parts, such as contracts for overhaul, maintenance or repair.

NEW MATERIAL (JANUARY 1965) Except as to any supplies and components which the Specification or Schedule specifically provides need not be new, the Contractor represents that the supplies and components including any former Government property identified pursuant to the "Government Surplus" clause of this contract to be provided under this contract are new (not used or reconditioned, and not of such age or so deteriorated as to impair their usefulness or safety). If at any time during the performance of this contract, the Contractor believes that the furnishing of supplies or components which are not new is necessary or desirable, he shall notify the Contracting Officer immediately, in writing, including the reasons therefor and proposing any consideration which will flow to the Government if authorization to use such supplies is granted.

(b) In all procurements in which the contracting officer has determined that supplies and components which are used or reconditioned but which fully comply with the specifications and other contract requirements are acceptable, the solicitation and resulting contract shall include provisions clearly indicating the supplies or components which need not be new, and details concerning their acceptability. In determining whether

such supplies and components may be purchased, the following criteria shall be considered:

(1) Safety of persons or property;

(2) Final cost to the Government (including maintenance, inspection, testing, and useful life);

(3) Performance requirements; and (4) Availability and cost of new supplies and components (for example, outof-production items).

(c) Items previously sold as Government surplus shall not be accepted unless it is determined that the surplus property offered fully meets the applicable specifications and other contract requirements. In addition, care must be exercised to insure that the prices paid for such items are reasonable giving due consideration to overall cost savings to the Government without affecting quality. Where a contract calls for material to be furnished at cost, the allowable charge for any Government surplus properly furnished shall be the cost at which the contractor or his affiliate acquired the property.

(d) The solicitations and resulting contracts shall include a clause substantially as set forth below except when the clause would serve no useful purpose.

GOVERNMENT Surplus (JanUARY 1965)

(a) In the event the bid or proposal is based on furnishing items or components which are former Government surplus property or residual inventory resulting from terminated Government contracts, a complete description of the items or components, quantity to be used, name of Government agency from which acquired, and date of acquisition shall be set forth on a separate sheet to be attached to bid or proposal. Notwithstanding any information provided in accordance with this provision, items furnished by the Contractor must comply in all respects with the specifications contained herein.

(b) Except as disclosed by the Contractor in (a) above, no property of the type described herein shall be furnished under this contract unless approved in writing by the Contracting Officer.

[29 F.R. 2820, Feb. 29, 1964, as amended at 30 F.R. 5969, Apr. 29, 1965]

Subpart M-Transportation

supplies arrive at the right place at the right time and in good condition. Traffic management advice and assistance shall be sought by and given to contracting officers and contract administrators, including property administrators who are concerned with the movement of Government property to, from, and between plants of contractors and subcontractors. Requiring activities should consider transportation factors before submitting purchase requests and should give purchasing activities instructions so that they are able to evaluate all applicable traffic management factors.

(b) As used in this subpart the term "United States" does not include Alaska or Hawaii.

[25 FR. 14108, Dec. 31, 1960]

Unless there are valid reasons to the contrary, the procurement of supplies from sources within the United States for ultimate delivery to destinations within the United States shall be in accordance with the following policy:

(a) When it is estimated that a contract will require no shipment to a single destination which will equal 20,000 pounds, delivery shall be on the basis of all transportation charges paid to destination; or

(b) When it is estimated that a contract will require one or more shipments of 20,000 pounds or more to any single destination, delivery shall be on the basis of whichever of the following is more advantageous to the Government;

(1) F.o.b. carrier's equipment, wharf, or freight station, at the Government's option, at a specified point at or near contractor's plant; or

(2) All transportation charges paid to destination. Solicitations shall provide that bidders or offerors may make bids or proposals on the basis described in subparagraph (1) of this paragraph or this subparagraph, or both. Justification for the solicitation of bids or proposals for procurement of supplies other than as described in this section shall be recorded and the contract file documented accordingly (see § 1.308). [26 FR. 9634, Oct. 12, 1961]

§ 1.1302-2

Shipments from the United States for Overseas Delivery.

(a) Economies in transportation within the United States are often available when Government procurement is made on an f.o.b. origin basis due to lower freight rates available to the Government and not to the commercial shipper (see § 1.1309). In addition, Government procurement on a f.o.b. origin basis normally affords greater flexibility by permitting the selection of the port of export and ocean transportation providing the lowest overall Government cost to overseas destination.

(b) Unless there are valid reasons to the contrary, purchases of supplies originating within the United States for ultimate delivery to destinations outside the United States shall be made on the basis of delivery f.o.b. carrier's equipment, wharf, or freight station, at the Government's option, at a specified city or shipping point at or near the contractor's plant (see § 1.1305–3). This policy applies to supplies to be shipped either directly to a port area for export or to a storage or holding area for subsequent forwarding to a port area for export.

(c) Justification for the solicitation of bids or proposals for procurement of supplies on other than an f.o.b. origin basis shall be recorded and the contract file documented accordingly (see § 1.308). The following examples are situations considered to be valid justifications for procuring on other than f.o.b. origin basis when inspection and acceptance conditions are compatible (see Part 14 of this chapter) and economies to the Government can be realized:

(1) Where it is estimated a contract will require no shipment to a single destination which will equal or exceed 10,000 pounds and the commodity does not require an export release in accordance with Chapter 202, Military Traffic Management Regulations (AR 55-355 C.S.; OPNAVINST 4600.8; AFM 75-2, as amended; and NAVNC 1175);

(2) Where supplies are priced the same for delivery throughout the United States (nationally priced) or a specified region thereof (regionally priced) regardless of the point at which the Government accepts delivery;

(3) Where bulk supplies, such as coal, require other than Government owned or operated port handling, storage, and loading facilities; and