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and development, for defense use or to each such power of attorney shall be effectuate the purposes of the Small appended to each executed copy of the Business Act; (2) which have entered contract retained by the Government. into a pool agreement governing their (2) Membership in a pool shall not organization, relationship, and proce of itself preclude individual members dure; and (3) whose agreement has from submitting bids or proposals as been approved either in accordance
individuals on appropriate procurewith section 708 of the Defense Pro
ments. Bids or proposals submitted by duction Act of 1950, as amended (De
an individual member of a pool shall fense Production Pool), or in accord
not be considered when the individual ance with sections 9(d) or 11 of the
member has participated in the bid or Small Business Act (Small Business
proposal submitted by the pool. Pool). Pool participants are exempt
(e) Responsibility of pool member. from the "manufacturer or regular
Where a member of a production pool dealer” requirement of the Walsh
has submitted a bid or proposal in its Healey Public Contracts Act. (See Subpart 1-12.6.)
own name, the pool agreement shall (b) General rule. Except as provided
be considered in determining the pool in this § 1-1.302-2, a pool shall be
member's responsibility pursuant to treated for purposes of Government
Subpart 1-1.12. procurement on exactly the same basis (29 FR 10104, July 24, 1964, as amended at as any other prospective or actual con 36 FR 17419, Aug. 31, 1971) tractor.
(c) Ascertainment of status. The con 8 1-1.302-3 Contracts between the Governtracting officer is responsible for as ment and Government employees or certaining whether a group of firms business concerns substantially owned seeking to do business with the Gov or controlled by Government employ. ernment is a pool. In ascertaining the
ees. status of a group representing that it is a pool, contracting officers may rely
(a) Contracts shall not knowingly be on a copy of the Small Business Ad
entered into between the Government ministration (SBA) or the Office of
and employees of the Government or Emergency Planning (OEP) notifica-.
business concerns or organizations tion of approval of the pool. If the
which are substantially owned or concontracting officer has any question as
trolled by Government employees, to whether a given pool has been ap
except for the most compelling reaproved, he shall consult the regional sons, such as cases where the needs of office of the SBA. Each executive the Government cannot reasonably be agency should expeditiously dissemi
otherwise supplied. nate to appropriate contracting offi (b) When a contracting officer has cers information received from SBA or reason to believe that an exception as OEP concerning the approval of pro- described in paragraph (a) of this duction pools.
section, should be made, approval of (d) Contracting with pools. (1) A bid the decision to make such an excepor proposal of a pool is not eligible for tion shall be handled in accordance award to the pool unless submitted with agency procedures and shall be either by the pool in its own name or obtained prior to entering into any by an individual member expressly dis- such contract. closing that it is on behalf of the pool. Except as to contracts to be awarded
(30 FR 9589, July 31, 1965) to incorporated pools, the contracting
8 1-1.303 Approval signatures. officer shall prior to award to a pool require to be deposited with him a cer- Approval signatures on contracts or tified copy of a power of attorney purchase authorizations should be from each member of the pool who is minimized to the greatest practical to participate in the performance of extent and, in the event that multiple the contract authorizing an agent to approval signatures are required, they execute the bid, proposal, or contract should, where possible, be obtained on behalf of such member. A copy of concurrently.
8 1-1.304 Designation of solicitation open- mandatory on military activities. (This ing time.
definition includes both fully coordiThe statement of the time designat
nated and limited coordination milied as bid opening time in the case of
tary specifications.) solicitations for advertised procure (d) Departmental. A specification dement, or the time fixed for receipt of veloped and prepared by, and of interoffers in the case of solicitations for est primarily to a particular Federal negotiated procurement, shall include civil agency, but which may be of use the phrase "local time at the place of in procurement by other Federal agenbid opening," or "local time at the cies. place designated for receipt of offers”
(29 FR 10104, July 24, 1964, as amended at in the case of proposals. Where a par- 30 FR 16110, Dec. 28, 1965) ticular block or blank space on a standard form does not readily permit § 1-1.305-1 Mandatory use of Federal inclusion of the phrase, an asterisk Specifications. may be used to call attention to an ex
Federal Specifications shall be used planatory phrase which shall be set
by all executive agencies, including forth elsewhere in the solicitation,
the Department of Defense, in the preferably on the same page. Procure
procurement of supplies and services ment documents shall not refer to
covered by such specifications, except “daylight time" or "daylight saving
as provided in $$ 1-1.305-2 time" and abbreviations such
1.305-3. “EDT” or “PDT” shall not be used. (35 FR 15994, Oct. 10, 1970]
§ 1-1.305-2 Exceptions to mandatory use
of Federal Specifications. § 1-1.305 Specifications."
Federal Specifications need not be “Specification," as used in this § 1
used under the following circum1.305, is a clear and accurate descrip
stances: tion of the technical requirements for
(a) The purchase is required under a a material, product, or service, includ
public exigency and a delay would be ing the procedure by which it will be
involved in using the applicable specidetermined that the requirements
fication to obtain agency requirehave been met. Specifications for
ments. items or materials contain also preser
(b) The total amount of the purvation, packaging, packing, and mark
chase does not exceed $10,000. (Multiing requirements. The identification of
ple small purchases of the same item categories and intended use of such
shall not be made for the purpose of specifications are as follows:
avoiding the intent of this exception.) (a) Federal. A specification covering those materials, products, or services,
(c) The purchase involves items of used by or for potential use of two or
construction for new processes, new inmore Federal agencies (at least one of
stallations of equipment, or items for which is a civil agency), or new items
experiment, test, or research and deof potential general application, pro
velopment, until such time as specifimulgated by the General Services Ad
cations covering them are issued or it ministration and mandatory for use by
is determined by the General Services all executive agencies.
Administration, and the procuring (b) Interim Federal. A potential Fed
agencies notified, that further devieral specification issued in interim
ations from the Federal Specifications form, for optional use by agencies. In
will not be permitted: Provided, That, terim amendments to Federal Specifi
in connection with such deviations, excations are included in this definition.
isting Federal Specifications shall be (c) Military (MIL). A specification used to the extent that they are appliissued by the Department of Defense,
cable. used solely or predominantly by and
(d) The purchase involves spare
parts, components, or materials re'Other instructions concerning specifica
quired for repair or maintenance of tions are contained in the Federal Property existing equipment, or for similar Management Regulations, Part 101-29.
items required for maintenance or op
eration of existing facilities or installa- (5) Notification or recommendation tions: Provided, That existing Federal for change in the specification shall be Specifications shall be used to the submitted, in duplicate, to the General extent that they are applicable.
Services Administration, Federal (e) The items are purchased in Supply Service, Washington, D.C. foreign markets for use of overseas ac 20405. It shall include a statement of tivities of agencies.
the deviations authorized by the (f) An Interim Federal Specification agency, with justification therefor, is used by an agency in lieu of the Fed and, where applicable, recommendaeral Specification.
tion for revision or amendment of the (g) Where otherwise authorized by
(c) Deviations taken and reported by (29 FR 10104, July 24, 1964, as amended at the agency in accordance with $ 140 FR 44137, Sept. 25, 1975)
1.305-3(b) may not be continued
except under the following conditions: § 1-1.305-3 Deviations from Federal
(1) Upon notification by an agency Specifications.
that major or repeated deviations have When the essential needs of an been taken and where no recomendaagency are not adequately covered by tion for change in the specification is an existing Federal Specification, and made by the agency, the General Serythe proposed purchase does not come ices Administration will notify the within the exceptions described in § 1 agency as to whether such deviations 1.305-2, the agency may authorize de may be continued in subsequent proviations from the Federal Specifica curement. In cases where deviations tion; provided, that:
are not approved and where procure(a) Requirements of existing Federal ment by the agency has progressed to Specifications shall be used to the a point where it would be impracticamaximum extent practicable.
ble to amend or cancel the action, (b) Each agency taking such devi. such action may be completed, but the ations shall establish procedures
deviation shall not be authorized by whereby a designated official having
the agency in subsequent procuresubstantial procurement responsibility
ment. shall be responsible for assuring that:
(2) Where an agency has recom(1) Federal Specifications are used,
mended changing the specification and provisions for exceptions and devi
consistent with the deviations it has ations are complied with;
taken and reported, those deviations (2) Justifications for exceptions and deviations are subject to competent
may be continued until such time as
the recommended change is coordinatreview before authorization, and that such justifications can be fully sub
ed and incorporated in the specifica. stantiated if post audit is required;
tion; provided, that where coordina(3) Major or repeated deviations are
tion with Federal agencies and indusnot taken except as prescribed in this
try, as applicable, does not result in ac§ 1-1.305-3; and
ceptance of the change, such devi(4) Notification or recommendation
ations shall not be authorized by the for change in the specification is sent
agency in subsequent procurement. promptly to the General Services Ad
8 1-1.305-4 Optional use of Interim Federministration by the designated official or subdivision at the agency level,
al Specifications. through established agency channels,
Interim Federal Specifications are when:
for optional use. All agencies are urged (i) Deviations taken are of a major to make maximum use of Interim Fednature such as to result in the en eral Specifications and to submit trance of a new item into the supply statements of suggested changes to system of the agency as evidenced by the assigned agency for consideration the development of a new item identi. in further development of the specifification; or
cations for promulgation as Federal (ii) A deviation is taken repeatedly. Specifications.
§ 1-1.305-5 Use of Federal and Interim Defense used solely or predominantly
Federal Specifications in Federal con by and mandatory on military activistruction contracts.
ties. This definition includes both When material, equipment, or serv
fully coordinated and limited coordiices for which a Federal or Interim nation military standards. Federal Specification is available are
(d) Departmental Standards. A specified in connection with Federal standard developed and prepared by, construction, the Federal or Interim and of interest primarily to, a particuFederal Specification shall be made a lar executive civilian agency, but part of the specification for the con which may be used in procurement by struction contract, subject to the pro other agencies. visions in § 1-1.305.
(29 FR 10104, July 24, 1964, as amended at 81-1.305-6 Military and departmental
30 FR 16110, Dec. 28, 1965) specifications.
81-1.306-1 Mandatory use and applica. If no Federal Specification is availa tion of Federal Standards. ble, existing Interim Federal, military,
Federal Standards shall be used by and departmental specifications which
all executive agencies, including the are listed in the Index of Federal
Department of Defense. Exceptions to Specifications and Standards should
this mandatory use requirement are as be considered and, wherever practica
follows: ble, used by any agency having need therefor, consistent with the agency's
(a) The exceptions in § 1-1.305 relatprocedures establishing priority for
ing to the mandatory use of Federal use of such specifications.
Specifications are for application to
the use of Federal Standards. § 1-1.306 Standards.'
(b) In a specific case or class of cases “Standards," as used in this f1
an executive agency may be granted 1.306, are descriptions which establish
an exception by the General Services engineering or technical limitations
Administration on submission of an and applications for materials, proc
adequate justification therefor. esses, methods, designs, or drafting room and other engineering practices,
8 1-1.307 Purchase descriptions. or any related criteria deemed essen
8 1-1.307-1 Applicability. tial to achieve the highest practical degree of uniformity in materials or
(a) Purchase descriptions may be products, or interchangeability of used in the procurement of supplies or parts used in those products; and services (excluding construction) only which may be used in specifications, when the use of formal (including ininvitations for bids, proposals, and
terim and other temporary) Governtracts. The identification of the ment specifications and standards to categories and intended use of such describe such supplies or services is standards are as follows:
not required under applicable regula(a) Federal Standards. A standard tions. (See 88 1-1.305 and 1-1.306). promulgated by the General Services However, where the use of a formal Administration, mandatory for use by specification or standard is required, all executive agencies, including the use of supplementary descriptive inDepartment of Defense.
formation which is consistent with the (b) Interim Federal Standard. A specification or standard is permissistandard intended for final processing ble. as a new or revised Federal Standard, (b) Purchase descriptions used in issued in interim form for optional use competitive procurement shall not by executive agencies.
specify a product having features (c) Military (MIL) Standard. A which are peculiar to the product of standard issued by the Department of one manufacturer, producer, or dis
tributor, and thereby preclude considOther instructions concerning standards
eration of a product of another compaare contained in the Federal Property Man. ny, unless it has been determined in agement Regulations, Part 101-29.
writing by the user that those particu
lar features are essential to the Gov. conform to the requirements of $ 1ernment's requirements, and that sim- 1.307-2, (c) are readily available to ilar products of other companies lack suppliers of the supplies or services to ing those features would not meet the be procured, and (d) it has been determinimum requirements for the item. mined, in writing, by the user that any Purchase descriptions shall not in features peculiar to the product of one clude either minimum or maximum re manufacturer, producer, or distribustrictive dimensions, weights, materi tor, or any restrictions are essential to als, or other salient characteristics the Government's requirements. which would tend to eliminate competition by other products which are
(40 FR 2810, Jan. 16, 1975) only marginally outside the restric
§ 1-1.307-4 Brand name products or tions, unless such restrictions are determined by the user in writing to be
equal. essential to the Government's require (a) Purchase descriptions which ments.
refer to one or more brand name prod. (c) Purchase descriptions, as well as ucts followed by the words “or equal" other forms of specifications, must ac may be used only in accordance with curately reflect the needs of the Gov this $ 1-1.307-4 and $$ 1-1.307-5 ernment.
through 1-1.307-9. The term “brand
name product" means a commercial [29 FR 10104, July 24, 1964, as amended at 40 FR 2810, Jan. 16, 1975)
product described by brand name and
make or model number or other ap§ 1-1.307-2 General requirements.
propriate nomenclature by which that Except as otherwise provided in
product is offered for sale to the
public by the particular manufacturer, $ $ 1-1.307-3 and 1-1.307-4, purchase
producer, or distributor. All known ac. descriptions shall clearly and accurate
ceptable brand name products should ly describe the salient technical re
be listed in the solicitation. When a quirements or desired performance characteristics of the supplies or serv.
"brand name or equal" purchase de
scription is used in connection with a ices to be procured without including restrictions which do not significantly
primary item, or a major component, affect the technical requirements or
prospective contractors must be given
the opportunity to offer products performance characteristics and, when appropriate, shall describe the testing
other than those specifically referprocedures which will be used in deter
enced by brand name if those other mining whether such requirements or
products will meet the needs of the characteristics are met. When neces
Government in essentially the same sary, preservation, packaging, packing,
manner as those referenced. If modifl. and marking requirements shall be in
cations to standard products of procluded. Purchase descriptions may in
spective contractors to meet the pure clude references to formal Govern
chase description requirements are an. ment specifications and standards
ticipated, a minimum of 30 calendar which are to form a portion of the
days shall be allowed between issuance purchase description.
of the solicitation and opening of bids
or receipt of proposals, provided that (40 FR 2810, Jan. 16, 1975)
periods of less than 30 calendar days
may be set in cases of urgency or when § 1-1.307-3 Commercial, and State and the contracting officer has reason to local government specifications and
believe that bidders can bid effectively standards.
on the basis of a shorter period. Purchase descriptions may include (b) “Brand name or equal” purchase or consist of references to specifica- descriptions should set forth those sa: tions and standards issued, promulgate lient physical, functional, or other ed, or adopted by technical societies or characteristics of the referenced prod associations, or State and local govern- ucts which are essential to the need ments, if those specifications and of the Government, contain the to. standards: (a) Are widely recognized lowing information to the extent availa and used in commercial practice, (b) able, and include such other informa