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Pool). Pool from the " dealer" requi Healey Public part 1-12.6.)

(b) General in this $ 1-1.30 for purposes of on exactly the prospective or

(C) Ascertai tracting office: taining wheth Ing to do busin is & pool. In as group represen tracting officer the Small (SBA) or the ning (OEP) the pool. If te any question a

has been appr
regional office
tive agency
seminate to ay
ficers informa
or OEP concer
duction pools,

(d) Contrad
bid or proposa
for award to
mitted elther L
or by an ind
disclosing tha
pool. Except
awarded to in
tracting officer
pool require to

certified copy
each member
ticipate in the
tract authorizi
bid, proposal,
such member.
of attorneys
executed copy
by the Govern

(2) Membe:
Itself preclude
submitting bi
uals on appre
or proposals
member of a
when the inc
ticipated in the
by the pool.

(e) Respon
Where a mer
has submitte
own name, te

-Public Contracts, Property Management

talled requirements and procedures set
Is-

forth in Part 3 of this chapter.
can $ 1-1.302 Procurement sources
und,
in-

8 1-1.302–1 General.
ico (a) Before taking procurement action,

In accordance with this chapter, agencles

shall have compiled with applicable laws
for and regulations relative to obtaining sup.
er- plies or services from Government

sources and from contracts of other Gov.
ernment agencies. These include excess

and surplus stocks in the hands of an
ny

Government agency, Federal Supply
79, Schedules, General Services Administra.
ct

tion Stores Stock, Federal Supply Serv.
ct
Ice Consolidated Purchase Programs

.
ct, Federal Prison Industries, Inc., and Ns-

tional Industries for the Blind.

(b) Irrespective of whether the proes

curement of supplies or services from al

sources outside the Government is to be effected by formal advertising or by negotiation, competitive offers (“bids” in the case of procurement by formal ad. vertising, “proposals" in the case of procurement by negotiation) shall be solicited from all such qualified sources as are deemed necessary by the contracting officer to ensure such full and free competition as is consistent with the procurement of types of supplies and sert: ices necessary to meet the requirements

C

3
,

Pool). Pool participants are exempt
from the “manufacturer or regular
dealer" requirement of the Walsh-
Healey Public Contracts Act. (See sub-
part 1-12.6.)

(b) General rule. Except as provided
in this § 1-1.302-2, a pool shall be treated
for purposes of Government procurement
on exactly the same basis as any other
prospective or actual contractor.

(c) Ascertainment of status. The contracting officer is responsible for ascertaining whether a group of firms seeking to do business with the Government is a pool. In ascertaining the status of a group representing that it is a pool, contracting officers may rely on a copy of the

Small Business Administration (SBA) or the Office of Emergency Planning (OEP) notification of approval of the pool. If the contracting officer has any question as to whether a given pool has been approved, he shall consult the regional office of the SBA. Each executive agency should expeditiously disseminate to appropriate contracting officers information received from SBA or OEP concerning the approval of production pools.

(d) Contracting with pools. (1) A bid or proposal of a pool is not eligible for award to the pool unless submitted either by the pool in its own name or by an individual member expressly disclosing that it is on behalf of the pool. Except as to contracts to be awarded to incorporated pools, the contracting officer shall prior to award to a pool require to be deposited with him a certified copy of a power of attorney from each member of the pool who is to participate in the performance of the contract authorizing an agent to execute the bid, proposal, or contract on behalf of such member. A copy of each such power of attorney shall be appended to each executed copy of the contract retained by the Government.

(2) Membership in a pool shall not of Itself preclude individual members from submitting bids or proposals as individuals on appropriate procurements. Bids or proposals submitted by an individual member of a pool shall not be considered when the individual member has participated in the bid or proposal submitted by the pool.

(e) Responsibility of pool member. Where a member of a production pool has submitted a bid or proposal in its own name, the pool agreement shall be

considered in de
ber's responsibi
1-1.12.
(29 F.R. 10104, J
36 F.R. 17419, Au
8 1-1.302–3 d

ernment ar
or busines
owned or

employees. (a) Contract entered into b and employees business concer are substantiall Government er most compellin where the needs not reasonably

(b) When a reason to believe scribed in para should be made to make such as dled in accorda dures and sha entering into a 130 F.R. 9589, Jul 8.1-1.303 App

Approval sig purchase autho mized to the and, in the ever signatures are where possible, § 1-1.304 Des

opening tir The statemen as bid opening ti tions for advert time fixed for case of solicitat curement, shall time at the pla "local time at receipt of offers' Where a particu on a standard fc mit inclusion of may be used to planatory phras elsewhere in th on the same pa ments shall not or "daylight sav tions such as "E be used. (35 F.R. 15994, OG

of the agency concerned. Offers shall not
knowingly be solicited on the basis of
race, creed, color, sex, age, or national
origin of prospective sources.
[29 FR 10104, July 24, 1964, as amended 8:
41 FR 38166, Sept. 9, 1976)
§ 1-1.302–2 Production and research

and development pools.
(a) Description. A production or re-
search and development pool is a group
of concerns (1) which have associated
together for the purpose of obtaining
and performing jointly, or in conjunction
with each other, contracts for supplies
or services, or for research and develop
ment, for defense use or to effectuate the
purposes of the Small Business Act; (3)
which have entered into a pool agree-
ment governing their organization,
lationship, and procedure; and (3) whose
agreement has been approved either in
accordance with section 708 of the De-
fense Production Act of 1950, as amended
(Defense Production Pool), or in accord.
ance with sections 9(d) or 11 of the
Small Business Act (Small Business

15

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review before
such justificati
tiated if post au

(3) Major or
not taken exce
$ 1-1.305-3; and

(4) Notificat for change in promptly to the ministration b. or subdivision through estab] when

(i) Deviation nature such as of a new item

of the agency velopment of a

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(ii) A deviat

(5) Notificat
for change in
submitted, in
Services Admin
Service, Wash
shall include a
tlons authorize
Justification the
cable, recomme
amendment of

(c) Deviatior
the agency in a
3(b) may not b

the following co

(1) Upon no that major or been taken an tion for chang made by the as ices Administ agency as to may be continu ment. In cases approved and Agency has pro It would be in cancel the act completed, but be authorized quent procurem

(2) Where mended chang sistent with th and reported continued unti mended chan Incorporated vided, that

Federal agenci
cable, does no

con

or

(b) The total amount of the purchase $ 1

does not exceed $10,000. (Multiple small tion

purchases of the same item shall not be ma

made for the purpose of avoiding the the

intent of this exception.) ined

(c) The purchase involves Items d' net.

construction for new processes, new lo

stallations of equipment, or Items for Eck

experiment, test, or research and derel. The

opment, until such time as speclfications ded

covering them are issued or it is deter

mined by the General Services Adminisws:

tration, and the procuring agencies ing notified, that further deviations from ces, the Federal Specifications will not be of

permitted: Provided, That, in connec

tion with such deviations, existing Fed. of

eral Specifications shall be used to the ul

extent that they are applicable. is

(d) The purchase involves spare parts, components, or materials required for

repair or maintenance of existing equipd- ment, or for similar items required for

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

applicable. e,

(e) The items are purchased in for eign markets for use of overseas activo ities of agencies.

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

(g) Where otherwise authorized by
law.
(29 FR 10104, July 24, 1964, as amended &
40 FR 44137, Sept. 25, 1975)
§ 1-1.305–3 Deviations from Federal

Specifications.
When the essential needs of an agency

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review before authorization, and that authorized by ti such justifications can be fully substan procurement. tiated if post audit is required;

81-1.305-4 0 (3) Major or repeated deviations are

Federal Spenot taken except as prescribed in this § 1-1.305-3; and

Interim Feder (4) Notification or recommendation optional use. Al for change in the specification is sent

make maximum promptly to the General Services Ad Specifications ar ministration by the designated official of suggested ch or subdivision at the agency level,

agency for cons through established agency channels, velopment of when

promulgation as (i) Deviations taken are of a major

8 1-1.305-5 U: nature such as to result in the entrance Federal Spec of a new item into the supply system struction cor of the agency as evidenced by the de

When materia velopment of a new item identification;

for which a Fed or (ii) A deviation is taken repeatedly.

Specification is a

connection with (5) Notification or recommendation

the Federal or In for change in the specification shall be

tion shall be ma submitted, in duplicate, to the General

cation for the Services Administration, Federal Supply Service, Washington, D.C. 20405. It

subject to the shall include a statement of the devia 8 1-1.305–6 ME tions authorized by the agency, with specification justification therefor, and, where appli

If no Federal s cable, recommendation for revision or

existing Interim amendment of the specification. (c) Deviations taken and reported by

departmental sp

listed in the Ind the agency in accordance with § 1-1.305

tions and Stand 3(b) may not be continued except under

ered and, where the following conditions: (1) Upon notification by an agency

any agency havi

sistent with th that major or repeated deviations have

establishing pric been taken and where no recomendation for change in the specification is

specifications. made by the agency, the General Serv 8 1-1.306 Stand ices Administration will notify the "Standards," a agency as to whether such deviations

are descriptions may be continued in subsequent procure neering or tech ment. In cases where deviations are not

applications for approved and where procurement by the methods, designs agency has progressed to a point where other engineering It would be impracticable to amend or lated criteria deer cancel the action, such action may be the highest pract completed, but the deviation shall not

ity in materials be authorized by the agency in subsequent procurement.

changeability of (2) Where an agency has recom

products; and a mended changing the specification con

specifications, in sistent with the deviations it has taken

posals, and contr and reported, those deviations may be

of the categories continued until such time as the recom

such standards ar mended change is coordinated and

(a) Federal S Incorporated in the specification; pro

promulgated by tl vided, that where coordination with

ministration, ma Federal agencies and industry, as appll

1 Other instructic cable, does not result in acceptance of are contained in ti the change, such deviations shall not be agement Regulatio

17

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 authorize 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 devta. tions 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 devia. tions are complied with;

(2) Justifications for exceptions and deviations are subject to competent

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been determine
that any featur
uct of one ma
distributor, or a
tial to the Gove:
[40 FR 2810, Jan.
$ 1-1.307-4 E

equal.
(a) Purchase
to one or more
lowed by the
used only in acc
307-4 and $81-
9. The term
means a comm

by brand name
ber or other a
by which that
to the public b
facturer, produ
known acceptat
should be listed
& "brand name
scription is use
primary item,
prospective cont
opportunity to
those specifical
name if those

needs of the
tially the same
enced. If modifi

ucts of prospec
the purchase
are anticipated,
dar days shall
ance of the sol
bids or receipt o
periods of less
may be set in
the contracting
lieve that bidde
the basis of a sh

(b) "Brand
descriptions sh
lient physical
characteristics
ucts which are
the Governmer
Information to
Include such
necessary to de

(1) Complet
tification of the

(2) Applicat alog number fc uct referenced mercial catalog

(3) Name ducer, or distri

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