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regional office of the SBA. Each execu- to make such an exception shall be hantive agency should expeditiously dis- dled in accordance with agency proceseminate to appropriate contracting of. dures and shall be obtained prior to ficers information received from SBA entering into any such contract. or OEP concerning the approval of pro 130 F.R. 9589, July 31, 1965) duction pools. (d) Contracting with pools.

8 1-1.303 Approval signatures. (1) A bid or proposal of a pool is not Approval signatures on contracts or eligible for award to the pool unless sub purchase authorizations should be minimitted either by the pool in its own name mized to the greatest practical extent or by an individual member expressly and, in the event that multiple approval disclosing that it is on behalf of the signatures are required, they should, pool. Except as to contracts to be where possible, be obtained concurrently. awarded to incorporated pools, the con

$ 1-1.304 Designation of solicitation tracting officer shall prior to award to a

opening time. pool require to be deposited with him a certified copy of a power of attorney from

The statement of the time designated each member of the pool who is to par

as bid opening time in the case of solicitaticipate in the performance of the con

tions for advertised procurement, or the

time fixed for receipt of offers in the tract authorizing an agent to execute the bid, proposal, or contract on behalf of

case of solicitations for negotiated prosuch member. A copy of each such power

curement, shall include the phrase "local of attorney shall be appended to each

time at the place of bid opening," or executed copy of the contract retained

"local time at the place designated for by the Government.

receipt of offers" in the case of proposals.

Where a particular block or blank space (2) Membership in a pool shall not of

on a standard form does not readily peritself preclude individual members from

mit inclusion of the phrase, an asterisk submitting bids or proposals as individ

may be used to call attention to an exuals on appropriate procurements. Bids

planatory phrase which shall be set forth or proposals submitted by an individual

elsewhere in the solicitation, preferably member of a pool shall not be considered

on the same page. Procurement docuwhen the individual member has par

ments shall not refer to "daylight time" ticipated in the bid or proposal submitted

or "daylight saving time" and abbreviaby the pool.

tions such as “EDT" or "PDT" shall not (e) Responsibility of pool member.

be used. Where a member of a production pool

(35 F.R. 15994, Oct. 10, 1970) has submitted a bid or proposal in its own name, the pool agreement shall be § 1-1.305 Specifications considered in determining the pool mem "Specification," as used in this f1ber's responsibility pursuant to Subpart

1.305, is a clear and accurate description 1-1.12.

of the technical requirements for a ma(29 F.R. 10104, July 24, 1964, as amended at

terial, product, or service, including the 36 F.R. 17419, Aug. 31, 1971)

procedure by which it will be determined 8 1-1.302–3 Contracts between the Gov.

that the requirements have been met. ernment and Government employees

Specifications for items or materials con. or business concerns substantially owned or controlled by Government

tain also preservation, packaging, packemployees.

ing, and marking requirements. The

identification of categories and intended (a) Contracts shall not knowingly be entered into between the Government

use of such specifications are as follows: and employees of the Government or

(a) Federal. A specification covering business concerns or organizations which

those materials, products, or services, are substantially owned or controlled by

used by or for potential use of two or Government employees, except for the more Federal agencies (at least one of most compelling reasons, such as cases which is a civil agency), or new items of where the needs of the Government can potential general application, promulnot reasonably be otherwise supplied. gated by the General Services Adminis

(b) When a contracting officer has reason to believe that an exception as de- Other instructions concerning specificascribed in paragraph (a) of this section, tions are contained in the Federal Property should be made, approval of the decision Management Regulations, Part 101–29.

tration and mandatory for use by all executive agencies.

(b) Interim Federal. A potential Fed. eral specification issued in interim form, for optional use by agencies. Interim amendments to Federal Specifications are included in this definition.

(c) Military (MIL). A specification Issued by the Department of Defense, used solely or predominantly by and mandatory on military activities. (This definition includes both fully coordinated and limited coordination military specifications.)

(d) Departmental. A specification de. veloped and prepared by, and of interest primarily to a particular Federal civil agency, but which may be of use in procurement by other Federal agencies. 129 F.R. 10104, July 24, 1964, as amended at 30 F.R. 16110, Dec. 28, 1965) 8 1-1.305-1 Mandatory use of Federal

Specifications. Federal Specifications shall be used by all executive agencies, including the Department of Defense, in the procurament of supplies and services covered by such specifications, except as provided in $3 1-1.305-2 and 1-1.305-3. 81-1.305–2 Exceptions to mandatory

use of Federal Specifications. Federal Specifications need not be used under the following circumstances:

(a) The purchase is required under & public exigency and a delay would be involved in using the applicable specification to obtain agency requirements.

(b) The total amount of the purchase does not exceed $2,500. (Multiple small purchases of the same item shall not be made for the purpose of avoiding the intent of this exception.)

(c) The purchase involves items of construction for new processes, new installations of equipment, or items for experiment, test, or research and development, until such time as specifications covering them are issued or it is determined by the General Services Administration, and the procuring agencies notified, that further deviations from the Federal Specifications will not be permitted: Provided, That, in connection with such deviations, existing Federal Specifications shall be used to the extent that they are applicable.

(d) The purchase involves spare parts, components, or materials required for repair or maintenance of existing equip. ment, or for similar Items required for

maintenance or operation of existing facilities or installations: Provided, That existing Federal Specifications shall be used to the extent that they are applicable.

(e) The items are purchased in foreign markets for use of overseas activities of agencies.

(f) An Interim Federal Speciácation is used by an agency in lieu of the Federal Specification.

(g) Where otherwise authorized by law. &1-1.305-3 Deviations from Federal

Specifications. When the essential needs of an agency are not adequately covered by an existing Federal Specification, and the proposed purchase does not come within the exceptions described in § 1-1.305-2, the agency may authorized deviations from the Federal Specification; provided, that:

(a) Requirements of existing Federal Specifications shall be used to the maximum extent practicable.

(b) Each agency taking such deviations shall establish procedures whereby a designated official having substantial procurement responsibility shall be responsible for assuring that:

(1) Federal Specifications are used, and provisions for exceptions and deviations are complied with;

(2) Justifications for exceptions and deviations are subject to competent review before authorization, and that such justifications can be fully substantiated if post audit is required;

(3) Major or repeated deviations are not taken except as prescribed in this § 1-1.305-3; and

(4) Notification or recommendation for change in the specification is sent promptly to the General Services Administration by the designated official or subdivision at the agency level, through established agency channels, when

(1) Deviations taken are of a major nature such as to result in the entrance of a new item into the supply system of the agency as evidenced by the development of a new item identification;

[blocks in formation]

shall include a statement of the devia. 81-1.305-6 Military and departmental tions authorized by the agency, with specifications. justification therefor, and, where appli

If no Federal Specification is available, cable, recommendation for revision or

existing Interim Federal, military, and amendment of the specification.

departmental specifications which are (c) Deviations taken and reported by

listed in the Index of Federal Specificathe agency in accordance with $ 1-1.305

tions and Standards should be consid3(b) may not be continued except under

ered and, wherever practicable, used by the following conditions:

any agency having need therefor, con(1) Upon notification by an agency

sistent with the agency's procedures that major or repeated deviations have

establishing priority for use of such been taken and where no recomenda

specifications. tion for change in the specification is made by the agency, the General Serv

§ 1-1.306 Standards.' ices Administration will notify the “Standards," as used in this $ 1-1.306, agency as to whether such deviations are descriptions which establish engimay be continued in subsequent procure neering or technical limitations and ment. In cases where deviations are not applications for materials, processes, approved and where procurement by the methods, designs, or drafting room and agency has progressed to a point where other engineering practices, or any reIt would be impracticable to amend or lated criteria deemed essential to achieve cancel the action, such action may be the highest practical degree of uniformcompleted, but the deviation shall not ity in materials or products, or interbe authorized by the agency in subse changeability of parts used in those quent procurement.

products; and which may be used in (2) Where an agency has recom specifications, inivtations for bids, promended changing the specification con- posals, and contracts. The identification sistent with the deviations it has taken of the categories and intended use of and reported, those deviations may be such standards are as follows: continued until such time as the recom (a) Federal Standards. A standard mended change is coordinated and promulgated by the General Services Adincorporated in the specification; pro- ministration, mandatory for use by all vided, that where coordination with executive agencies, including the DepartFederal agencies and industry, as appli- ment of Defense. cable, does not result in acceptance of (b) Interim Federal Standard. A the change, such deviations shall not be standard intended for final processing authorized by the agency in subsequent as a new or revised Federal Standard, procurement.

issued in interim form for optional use

by executive agencies. 8 1-1.3054 Optional use of Interim

(c) Military (MIL) Standard. A Federal Specifications.

standard issued by the Department of Interim Federal Specifications are for Defense used solely or predominantly optional use. All agencies are urged to by and mandatory on military activities. make maximum use of Interim Federal This definition includes both fully coSpecifications and to submit statements

ordinated and limited coordination miliof suggested changes to the assigned

tary standards.

(d) Departmental Standards. A agency for consideration in further de

standard developed and prepared by, and velopment of the specifications for

of interest primarily to, a particular promulgation as Federal Specifications.

executive civilian agency, but which may & 1-1.305-5 Uge of Federal and Interim be used in procurement by other agenFederal Specifications in Federal con

cies. struction contracts.

129 F.R. 10104, July 24, 1964, as amended at

30 F.R. 16110, Dec. 28, 1965) When material, equipment, or services for which a Federal or Interim Federal

§ 1-1.306_1 Mandatory use and appli.

cation of Federal Standards. Specification is available are specified in connection with Federal construction,

Federal Standards shall be used by all the Federal or Interim Federal Specifica

executive agencies, including the Departtion shall be made a part of the specifi

Other instructions concerning standards cation for the construction contract, are contained in the Federal Property Man. subject to the provisions in § 1-1.305. agement Regulations. Part 101.-29.

ment of Defense. Exceptions to this mandatory use requirement are as follows:

(a) The exceptions in § 1-1.305 relating to the mandatory use of Federal Specifications are for application to the use of Federal Standards.

(b) In a specific case or class of cases an executive agency may be granted an exception by the General Services Administration on submission of an adequate justification therefor. &1-1.307 Purchase descriptions. § 1-1.307–1 Applicability,

(a) Purchase descriptions may be used In the procurement of supplies or services (excluding construction) only when the use of formal (including interim and other temporary) Government specifications and standards to describe such supplies or services is not required under applicable regulations. (See $ $ 1-1.305 and 1-1.306). However, where the use of a formal specification or standard is required, use of supplementary descriptive information which is consistent with the specification or standard is permissible.

(b) Purchase descriptions used in competitive procurements shall not specify a product having features which are peculiar to the product of one manufacturer, producer, or distributor, and thereby preclude consideration of a product of another company, unless it has been determined that those particular features are essential to the Government's requirements, and that similar products of other companies lacking those features would not meet the minimum requirements for the item.

(c) Purchase descriptions, as well as other forms of specifications, must accurately reflect the needs of the Government. § 1-1.307—2 General requirements.

Except as otherwise provided in $$ 11.307–3 and 1-1.307-4, purchase descriptions shall clearly and accurately describe the technical requirements or desired performance characteristics of the supplies or services to be procured; and, when appropriate, the testing procedures which will be used in determining whether such requirements or characteristics are met. When necessary preservation, packaging, packing, and marking requirements shall be included. Purchase descriptions may contain references to formal Government specifica

tions and standards which are to form a portion of the purchase description. § 1-1.307–3 Commercial, and State and

local government specifications and

standards. Purchase descriptions may include or consist or references to specifications and standards issued, promulgated, or adopted by technical societies or associations, or State and local governments, if such specifications and standards (a) are widely recognized and used in commerical practice, (b) conform to the requirements of $ 1-1.307–2, and (c) are readily available to suppliers of the supplies or services to be procured. § 1-1.307–4 Brand name products or

equal. (a) Purchase descriptions which contain references to one or more brand name products followed by the words "or equal" may be used only in accordance with this § 1-1.307-4 and $ $ 1-1.307– 5 through 1-1.307-9. 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 in connection with a primary item, or a major component, 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. If modifications to standard products of prospective contractors to meet the purchase description requirements are anticipated, a minimum of 30 calendar days shall be allowed between issuance of the solicitation and opening of bids or receipt of proposals, provided that periods of less than 30 calendar days may be set in cases of urgency or when the contracting officer has reason to believe that bidders can bid effectively on the basis of a shorter period.

(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, contain the following

11

information to the extent available, and equal" purchase description is included include such other information as is in an invitation for bids: necessary to describe the item required: (1) The following shall be inserted

(1) Complete common generic iden- after each item so described in the invitification of the item required.

tation, for completion by the bidder(2) Applicable model, make, or cat

Bidding on: alog number for each brand name prod

Manufacturer's Name uct referenced, and identity of the com

Brand mercial catalog in which it appears.

No. -----(3) Name of manufacturer, pro

(2) In addition, the following clause ducer, or distributor of each brand name

shall be included in the invitation: product referenced (and address if company is not well known).

BRAND NAME OR EQUAL (c) When necessary to describe ade- (As used in this clause, the term “brand quately the item required, an applicable name" includes identification of products by commercial catalog description, or per make and model.) tinent extracts therefrom, may be used (a) If items called for by this invitation if such description is identified in the

for bids have been identified in the schedinvitation for bids or request for pro

ule by a "brand name or equal" description,

such identification is intended to be descripposals as being that of the particular

tive, but not restrictive, and is to indicate named manufacturer, producer, or dis

the quality and characteristics of products tributor.

that will be satisfactory. Bids offering "equal" (29 F.R. 10104, July 24, 1964, as amended at products (including products of the brand 36 F.R. 288, Jan. 8, 1971)

name manufacturer other than the one de

scribed by brand name) will be considered &1-1.307-5 Limitations on use of

for award if such products are clearly identi“brand name or equal" purchaso fied in the bids and are determined by the descriptions.

Government to meet fully the salient char

acteristics requirements listed in the invita"Brand name or equal” purchase de

tion. scriptions may be used only under the

(b) Unless the bidder clearly indicates in circumstances in (a) or (b) of this

his bid that he is offering an "equal" product, § 1-1.307-5:

his bid shall be considered as offering a brand (a) When a suitable formal Govern name product referenced in the invitation for ment specification or standard or indus bids. try standardization document approved (c) (1) If the bidder proposes to furnish an for agency use is not available, and a

"equal" product, the brand name, if any, of purchase description of the type re

the product to be furnished shall be inserted

in the space provided in the invitation for ferred to in § 1-1.307-3 is inadequate or

bids, or such product shall be otherwise unavailable, and a purchase description

clearly identified in the bid. The evaluation meeting the general requirements of of bids and the determination as to equality § 1-1.307-2 cannot be prepared because of the product offered shall be the responsi

(1) Construction or composition of bility of the Government and will be based the product to be procured is too techni

on information furnished by the bidder or

identified in his bid as well as other informacally involved;

tion reasonably available to the purchasing (2) Public exigency or military ne

activity. CAUTION TO BIDDERS. The purcessity precludes timely development; or

chasing activity is not responsible for lo(3) It is impracticable or uneconom cating or securing any information which is Ical to prepare a purchase description. not identified in the bid and reasonably avail(b) When purchasing items for au

able to the purchasing activity. Accordingly,

to insure that sufficient information is availthorized resale, except military clothing.

able, the bidder must furnish as a part of (c) The product to be referenced must,

his bid all descriptive material (such as cuts, in any event, be regularly offered for sale illustrations, drawings, or other information) to the public.

necessary for the purchasing activity to (1) (d) When a “brand name or equal”

determine whether the product offered meets description is used, a notation shall be

the salient characteristics requirement of

the invitation for bids, and (ii) establish made in the case file as to the reasons

exactly what the bidder proposes to furnish therefor.

and what the Government would be binding § 1-1.307–6 Invitation for bids, "brand itself to purchase by making an award. The name or equal" descriptions.

information furnished may include specific

references to information previously fur(a) Except as provided in (b) of this nished or to information otherwise available § 1-1.307–6 when a “brand name or to the purchasing activity.

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