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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.

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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

and 1as

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

specification. law.

(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

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