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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
-Public Contracts, Property Management
talled requirements and procedures set
forth in Part 3 of this chapter.
8 1-1.302–1 General.
In accordance with this chapter, agencles
shall have compiled with applicable laws
sources and from contracts of other Gov.
and surplus stocks in the hands of an
Government agency, Federal Supply
tion Stores Stock, Federal Supply Serv.
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
Pool). Pool participants are exempt
(b) General rule. Except as provided
(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
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
and development pools.
(3) Major or
(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
(ii) A deviat
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
(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
(e) The items are purchased in for eign markets for use of overseas activo ities of agencies.
(f) An Interim Federal Specification
(g) Where otherwise authorized by
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
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
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
by brand name
needs of the
ucts of prospec
(2) Applicat alog number fc uct referenced mercial catalog
(3) Name ducer, or distri