GENERAL PROVISIONS

(a) AVAILABILITY OF SPECIFICATIONS, STANDARDS, PLANS, DRAWINGS, AND OTHER PERTINENT DOCUMENTS. The specifications, standards, plans, drawings, and other pertinent documents cited in this Invitation for Bids/Request for Proposals may be obtained by submitting a request to:

(Installation)..

(Complete Address)...

Requests should give the number of the Invitation for Bids/Request for Proposals, and the title and number of the specification, standard, plan, drawing or other pertinent document requested, exactly as cited in this Invitation/Request.

(b) AVAILABILITY OF SPECIFICATIONS, STANDARDS, PLANS, DRAWINGS, AND OTHER PERTINENT DOCUMENTS. The specifications, standards, plans, drawings, and other pertinent documents cited in this Invitation for Bids/Request for Proposals may be examined at the following locations:

(Insert Complete Address)..

1.1204 Packaging Requirements.

(a) Appropriate preservation, packaging, packing, and marking requirements will be included in contracts as applicable. The services of packaging technicians shall be used to the maximum extent practicable, for example, for the following purposes:

(i) development or establishment of preservation, packaging, packing, and marking requirements for individual procurements; and

(ii) assistance in evaluating the reasonableness of contractors' packaging, packing, and marking cost estimates or charges.

(b) Unrealistic preservation, packaging, packing, and marking requirements should be reported and changes recommended to the activity originating the requirement and to the contracting officer.

1.1205 [Reserved]

1.1206 Purchase Descriptions.

1.1206-1 General.

(a) A purchase description may be used in lieu of a specification when authorized by 1.1202(b) and, subject to the restriction on repetitive use in 1.1202(b)(vi), where no applicable specification exists. A purchase description should set forth the essential characteristics and functions of the items or materials required. Purchase descriptions shall not be written so as to specify a product, or a particular feature of a product, peculiar to one manufacturer and thereby preclude consideration of a product manufactured by another company, unless it is determined that the particular feature is essential to the Government's requirements, and similar products of other companies lacking the particular feature would not meet the minimum requirements for the item. Generally, the minimum acceptable purchase description is the identification of a requirement by use of brand name followed by the words "or equal." This technique should be used only as a last resort when an adequate specification or more detailed description cannot feasibly be made available in time for the procurement under consideration. Purchase descriptions of services to be procured should outline to the greatest degree practicable the specific services the contractor is expected to perform.

(b) The words "or equal" should not be added when it has been determined in accordance with (a) above that only a particular product meets the essential requirements of the Government, as, for example, (i) where the required supplies can be obtained only from one source; or (ii) procurements negotiated under 3.207 for specified medicines or medical

1.1204

CFR TITLE 41 CHAPTER 18

SPECIFICATIONS, PLANS, AND DRAWINGS

supplies where it has been determined that only a particular brand name product will meet the essential requirements of the Government.

1.1206-2 Brand Name or Equal Purchase Descriptions.

(a) Purchase descriptions which contain references to one or more brand name products followed by the words "or equal" may be used only when authorized by 1.1202(b) and in accordance with 1.1206-3 and 1.1206-4. 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, 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.

(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. For example, where interchangeability of parts is required, such requirement should be specified. Purchase descriptions should contain the following information to the extent available, and include such other information as is necessary to describe the item required:

(i) complete common generic identification of the item required;

(ii) applicable model, make, or catalog number for each brand name product referenced, and identity of the commercial catalog in which it appears; and

(iii) name of manufacturer, producer, or distributor of each brand name product reference (and address if company is not well known).

(c) When necessary to describe adequately the item required, an applicable commercial catalog description, or pertinent extracts therefrom, may be used if such description is identified in the invitation for bids or request for proposals as being that of the particular named manufacturer, producer, or distributor. The contracting officer will insure that a copy of any catalogs referenced (except parts catalogs) is available on request for review by bidders at the purchasing office.

1.1206-3 Invitation for Bids "Brand Name or Equal" Purchase Descriptions.

(a) Except as provided in (c) below, when a "brand name or equal" purchase description is included in an invitation for bids, the following shall be inserted after each item so described in the invitation, for completion by the bidder:

(b) In addition, the following clause shall be included in the invitation:

BRAND NAME OR EQUAL (NOVEMBER 1973)

(As used in this clause, the term "brand name" includes identification of products by make and model.)

NASA PROCUREMENT REGULATION

1.1206-3

GENERAL PROVISIONS

(a) If items called for by this Invitation for Bids have been identified in the Schedule by a "brand name or equal" description, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. Bids offering “equal" products including products of the brand name manufacturer other than the one described by brand name will be considered for award if such products are clearly identified in the bids and are determined by the Government to meet fully the salient characteristics requirements referenced in the Invitation for Bids.

(b) Unless the bidder clearly indicates in his bid that he is offering an “equal" product, his bid shall be considered as offering a brand name product referenced in the Invitation for Bids.

(c) (1) If the bidder proposes to furnish an “equal" product, the brand name, if any, of the product to be furnished shall be inserted in the space provided in the Invitation for Bids, or such product shall be otherwise clearly identified in the bid. The evaluation of bids and the determination as to equality of the product offered shall be the responsibility of the Government and will be based on information furnished by the bidder or identified in his bid, as well as other information reasonably available to the purchasing activity. CAUTION TO BIDDERS. The procurement office is not responsible for locating or securing any information which is not identified in the bid and reasonably available to the procurement office. Accordingly, to insure that sufficient information is available, the bidder must furnish as a part of his bid all descriptive material (such as cuts, illustrations, drawings, or other information) necessary for the procurement office to (i) determine whether the product offered meets the salient characteristics requirements of the Invitation for Bids and (ii) establish exactly what the bidder proposes to furnish and what the Government would be binding itself to purchase by making an award. The information furnished may include specific references to information previously furnished or to information otherwise available to the procurement office.

(2) If the bidder proposes to modify a product so as to make it conform to the requirements of the Invitation for Bids, he shall (i) include in his bid a clear description of such proposed modifications and (ii) clearly mark any descriptive material to show the proposed modifications.

(3) Modifications proposed after bid opening to make a product conform to a brand name product referenced in the Invitation for Bids will not be considered.

(c) (1) Where component parts of an end item are described in the invitation for bids by a “brand name or equal" purchase description and the contracting officer determines that application of the clause in (b) above to such component parts would be impracticable, the requirements of (a) above shall not apply with respect to such component parts. In such cases, if the clause is included in the Invitation for Bids for other reasons, a statement substantially as follows also shall be included:

The clause entitled "Brand Name or Equal" does not apply to the following component parts:

(List the component parts as to which the clause does not apply.)

(2) In the alternative, if the contracting officer determines that the clause in (b) above should apply to only certain such component parts, the requirements of (a) above shall apply to such component parts and a statement substantially as follows also shall be included:

The clause entitled “Brand Name or Equal” applies to the following component parts: (List the component parts to which the clause applies.)

1.1206-3

CFR TITLE 41 CHAPTER 18

SPECIFICATIONS, PLANS, AND DRAWINGS

(d) When an invitation for bids contains "brand name or equal" purchase descriptions, bidders who offer brand name products referenced in such descriptions shall not be required to furnish bid samples of the referenced brand name products; however, invitations for bids may require the submission of bid samples in the case of bidders offering “or equal" products.

1.1206-4 Bid Evaluation and Award "Brand Name or Equal" Purchase Descriptions.

(a) Bids offering products which differ from brand name products referenced in a "brand name or equal" purchase description shall be considered for award where the contracting officer determines in accordance with the terms of the clause in 1.1206-3(b) that the offered products meet fully the salient characteristics requirements referenced in the Invitation for Bids. Bids shall not be rejected because of minor differences in design, construction, or features which do not affect the suitability of the products for their intended use.

(b) Award documents shall identify, or incorporate by reference an identification of, the specific products which the contractor is to furnish. Such identification shall include any brand name and make or model number, descriptive material, and any modifications of brand name products specified in the bid. Included in this requirement are those instances where (i) the description of the end item contains “brand name or equal" purchase descriptions of component parts or of accessories related to the end item and (ii) the clause in 1.1206-3(b) was applicable to such component parts or accessories (see 1.1206-3(c)).

1.1206-5 Procedure for Negotiated Procurements.

(a) The policies and procedures prescribed in 1.1206-2 through 1.1206-4 for formally advertised procurements shall be generally applicable to negotiated procurements.

(b) The clause in 1.1206-3(b) may be adapted for use in negotiated procurements. If use of the clause is not practicable (as may be the case in exigency purchases), suppliers shall be suitably informed that proposals offering products different from the products referenced by brand name will be considered if the contracting officer determines that such offered products are equal in all significant and material respects to the products referenced.

1.1207 Alternate Articles or Qualities. Invitations for bids and requests for proposals may provide for alternate bids or proposals on different articles or qualities of material; e.g., where two or more articles will be equally acceptable to the Government depending upon relative price. However, the alternate articles or qualities must be precisely described to assure that the same degree of competition is obtainable on the alternate bids or offers as is obtained on the basic articles described. 1.1208 Procurement of Used and Reconditioned Material and Former Government Surplus Property.

(a) Generally, all supplies or components thereof, including former Government property, purchased by NASA shall be new (not used or reconditioned, and not of such age or so deteriorated as to impair their usefulness or safety). However, the needs of the Government may sometimes be met, and economies effected, through the purchase of items. which are not new. Solicitations and the resulting contracts shall include a clause, substantially as set forth below, except when the clause would

NASA PROCUREMENT REGULATION

1.1208

GENERAL PROVISIONS

serve no useful purpose. This clause is appropriate for use not only in supply contracts, but also in service contracts which may involve an incidental furnishing of parts, such as contracts for overhaul, maintenance or repair.

NEW MATERIAL (JUNE 1966)

Except as to any supplies and components which the Specification or Schedule specifically provides need not be new, the Contractor represents that the supplies and components including any former Government property identified pursuant to the "Government Surplus" clause of this contract to be provided under this contract are new (not used or reconditioned, and not of such age or so deteriorated as to impair their usefulness or safety). If at any time during the performance of this contract, the Contractor believes that the furnishing of supplies or components which are not new is necessary or desirable, he shall notify the Contracting Officer immediately, in writing, including the reasons therefore and proposing any consideration which will flow to the Government if authorization to use such supplies is granted.

(b) In all procurements in which the contracting officer has determined that supplies and components which are used or reconditioned but which fully comply with the specifications and other contract requirements are acceptable, the solicitation and resulting contract shall include provisions clearly indicating the supplies or components which need not be new, and details concerning their acceptability. In determining whether such supplies and components may be purchased, the following criteria shall be considered:

(i) safety of persons or property;

(ii) final cost to the Government (including maintenance, inspection, testing, and useful life);

(iii) performance requirements; and

(iv) availability and cost of new supplies and components (for example, out-of-production items).

(c) Items previously sold as Government surplus shall not be accepted unless it is determined that the surplus property offered fully meets the applicable specifications and other contract requirements. In addition, care must be exercised to insure that the prices paid for such items are reasonable giving due consideration to overall cost savings to the Government without affecting quality. Where a contract calls for material to be furnished at cost, the allowable charge for any Government surplus property furnished shall be the cost at which the contractor or his affiliate acquired the property.

(d) The solicitations and resulting contracts shall include a clause substantially as set forth below except when the clause would serve no useful purpose.

GOVERNMENT SURPLUS (JUNE 1966)

(a) In the event the bid or proposal is based on furnishing items or components which are former Government surplus property or residual inventory resulting from terminated Government contracts, a complete description of the items or components, quantity to be used, name of Government agency from which acquired, and date of acquisition shall be set forth on a separate sheet to be attached to bid or proposal. Notwithstanding any information provided in accordance with this provision, items furnished by the contractor must comply in all respects with the specifications contained herein.

1.1208

CFR TITLE 41 CHAPTER 18