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 determining the pool member's responsibility pursuant to Subpart 1-1.12.

[29 F.R. 10104, July 24, 1964, as amended at 36 F.R. 17419, Aug. 31, 1971]

§ 1-1.302-3 Contracts between the Gov

ernment and Government employees or business concerns substantially owned or controlled by Government employees.

(a) Contracts shall not knowingly be entered into between the Government and employees of the Government or business concerns or organizations which are substantially owned or controlled by Government employees, except for the most compelling reasons, such as cases where the needs of the Government cannot reasonably be otherwise supplied.

(b) When a contracting officer has reason to believe that an exception as described in paragraph (a) of this section, should be made, approval of the decision to make such an exception shall be handled in accordance with agency procedures and shall be obtained prior to entering into any such contract. [30 F.R. 9589, July 31, 1965]

§ 1-1.303 Approval signatures.

Approval signatures on contracts or purchase authorizations should be minimized to the greatest practical extent and, in the event that multiple approval signatures are required, they should, where possible, be obtained concurrently.

§ 1-1.304 Designation of solicitation opening time.

The statement of the time designated as bid opening time in the case of solicitations for advertised procurement, or the time fixed for receipt of offers in the case of solicitations for negotiated procurement, shall include the phrase “local time at the place of bid opening," or "local time at the place designated for receipt of offers" in the case of proposals. Where a particular block or blank space on a standard form does not readily permit inclusion of the phrase, an asterisk may be used to call attention to an explanatory phrase which shall be set forth elsewhere in the solicitation, preferably on the same page. Procurement documents shall not refer to "daylight time" or "daylight saving time" and abbreviations such as "EDT" or "PDT" shall not be used.

[35 F.R. 15994, Oct. 10, 1970] § 1-1.305

Specifications.'

"Specification," as used in this § 11.305, is a clear and accurate description of the technical requirements for a material, product, or service, including the procedure by which it will be determined that the requirements have been met. Specifications for items or materials contain also preservation, packaging, packing, and marking requirements. The identification of categories and intended use of such specifications are as follows:

(a) Federal. A specification covering those materials, products, or services, used by or for potential use of two or more Federal agencies (at least one of which is a civil agency), or new items of potential general application, promulgated by the General Services Administration and mandatory for use by all executive agencies.

(b) Interim Federal. A potential Federal specification issued in interim form, for optional use by agencies. Interim amendments to Federal Specifications are included in this definition.

(c) Military (MIL). A specification issued by the Department of Defense, used solely or predominantly by and mandatory on military activities. (This definition includes both fully coordinated and limited coordination military specifications.)

(d) Departmental. A specification de

1 Other instructions concerning specifications are contained in the Federal Property Management Regulations, Part 101-29.

veloped and prepared by, and of interest primarily to a particular Federal civil agency, but which may be of use in procurement by other Federal agencies.

[29 FR. 10104, July 24, 1964, as amended at 30 F.R. 16110, Dec. 28, 1965]

§ 1-1.305-1 Mandatory use of Federal Specifications.

Federal Specifications shall be used by all executive agencies, including the Department of Defense, in the procurement of supplies and services covered by such specifications, except as provided in § 1-1.305-2 and 1-1.305-3.

§ 1-1.305-2 Exceptions to mandatory use of Federal Specifications.

Federal Specifications need not be used under the following circumstances:

(a) The purchase is required under a public exigency and a delay would be involved in using the applicable specification to obtain agency requirements.

(b) The total amount of the purchase does not exceed $2,500. (Multiple small purchases of the same item shall not be made for the purpose of avoiding the intent of this exception.)

(c) The purchase involves items of construction for new processes, new installations of equipment, or items for experiment, test, or research and development, until such time as specifications covering them are issued or it is determined by the General Services Administration, and the procuring agencies notified, that further deviations from the Federal Specifications will not be permitted: Provided, That, in connection with such deviations, existing Federal Specifications shall be used to the extent that they are applicable.

(d) The purchase involves spare parts, components, or materials required for repair or maintenance of existing equipment, or for similar items required for maintenance or operation of existing facilities or installations: Provided, That existing Federal Specifications shall be used to the extent that they are applicable.

(e) The items are purchased in foreign markets for use of overseas activities of agencies.

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

(g) Where otherwise authorized by

law.

§ 1-1.305-3 Deviations from Federal Specifications.

When the essential needs of an agency 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 authorized 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 deviations 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 deviations are complied with;

(2) Justifications for exceptions and deviations are subject to competent review before authorization, and that such justifications can be fully substantiated if post audit is required;

(3) Major or repeated deviations are not taken except as prescribed in this § 1-1.305-3; and

(4) Notification or recommendation for change in the specification is sent promptly to the General Services Administration by the designated official or subdivision at the agency level, through established agency channels, when

(1) Deviations taken are of a major nature such as to result in the entrance of a new item into the supply system of the agency as evidenced by the development of a new item identification;

or

(11) A deviation is taken repeatedly. (5) Notification or recommendation for change in the specification shall be submitted, in duplicate, to the General Services Administration, Federal Supply Service, Washington, D.C. 20405. It shall include a statement of the deviations authorized by the agency, with justification therefor, and, where applicable, recommendation for revision or amendment of the specification.

(c) Deviations taken and reported by the agency in accordance with § 1-1.3053(b) may not be continued except under the following conditions:

(1) Upon notification by an agency that major or repeated deviations have been taken and where no recomendation for change in the specification is

made by the agency, the General Services Administration will notify the agency as to whether such deviations may be continued in subsequent procurement. In cases where deviations are not approved and where procurement by the agency has progressed to a point where it would be impracticable to amend or cancel the action, such action may be completed, but the deviation shall not be authorized by the agency in subsequent procurement.

(2) Where an agency has recommended changing the specification consistent with the deviations it has taken and reported, those deviations may be continued until such time as the recommended change is coordinated and incorporated in the specification; provided, that where coordination with Federal agencies and industry, as applicable, does not result in acceptance of the change, such deviations shall not be authorized by the agency in subsequent procurement.

§ 1-1.305-4 Optional use of Interim Federal Specifications.

Interim Federal Specifications are for optional use. All agencies are urged to make maximum use of Interim Federal Specifications and to submit statements of suggested changes to the assigned agency for consideration in further development of the specifications for promulgation as Federal Specifications. § 1-1.305-5 Use of Federal and Interim Federal Specifications in Federal construction contracts.

When material, equipment, or services for which a Federal or Interim Federal Specification is available are specified in connection with Federal construction, the Federal or Interim Federal Specification shall be made a part of the specification for the construction contract, subject to the provisions in § 1-1.305. § 1-1.305-6 Military and departmental specifications.

If no Federal Specification is available, existing Interim Federal, military, and departmental specifications which are listed in the Index of Federal Specifications and Standards should be considered and, wherever practicable, used by any agency having need therefor, consistent with the agency's procedures establishing priority for use of such specifications.

"Standards," as used in this § 1-1.306, are descriptions which establish engineering or technical limitations and applications for materials, processes, methods, designs, or drafting room and other engineering practices, or any related criteria deemed essential to achieve the highest practical degree of uniformity in materials or products, or interchangeability of parts used in those products; and which may be used in specifications, inivtations for bids, proposals, and contracts. The identification of the categories and intended use of such standards are as follows:

(a) Federal Standards. A standard promulgated by the General Services Administration, mandatory for use by all executive agencies, including the Department of Defense.

A

(b) Interim Federal Standard. standard intended for final processing as a new or revised Federal Standard, issued in interim form for optional use by executive agencies.

Standard. A

(c) Military (MIL) standard issued by the Department of Defense used solely or predominantly by and mandatory on military activities. This definition includes both fully coordinated and limited coordination military standards.

Standards.

A

(d) Departmental standard developed and prepared by, and of interest primarily to, a particular executive civilian agency, but which may be used in procurement by other agencies.

[29 FR. 10104, July 24, 1964, as amended at 30 F.R. 16110, Dec. 28, 1965]

§ 1-1.306-1 Mandatory use and application of Federal Standards.

Federal Standards shall be used by all executive agencies, including the Department of Defense. Exceptions to this mandatory use requirement are as follows:

(a) The exceptions in § 1-1.305 reiating to the mandatory use of Federal Specifications are for application to the use of Federal Standards.

(b) In a specific case or class of cases an executive agency may be granted an exception by the General Services Administration on submission of an adequate justification therefor.

1 Other instructions concerning standards are contained in the Federal Property Management Regulations, Part 101-29.

§ 1-1.307 Purchase descriptions. § 1-1.307-1 Applicability.

(a) Purchase descriptions may be used in the procurement of supplies or services (excluding construction) only when the use of formal (including interim and other temporary) Government specifications and standards to describe such supplies or services is not required under applicable regulations. (See §§ 1-1.305 and 1-1.306). However, where the use of a formal specification or standard is required, use of supplementary descriptive information which is consistent with the specification or standard is permissible.

(b) Purchase descriptions used in competitive procurements shall not specify a product having features which are peculiar to the product of one manufacturer, producer, or distributor, and thereby preclude consideration of a product of another company, unless it has been determined that those particular features are essential to the Government's requirements, and that similar products of other companies lacking those features would not meet the minimum requirements for the item.

(c) Purchase descriptions, as well as other forms of specifications, must accurately reflect the needs of the Government.

§ 1-1.307-2 General requirements.

Except as otherwise provided in §§ 11.307-3 and 1-1.307-4, purchase descriptions shall clearly and accurately describe the technical requirements or desired performance characteristics of the supplies or services to be procured; and, when appropriate, the testing procedures which will be used in determining whether such requirements or characteristics are met. When necessary, preservation, packaging, packing, and marking requirements shall be included. Purchase descriptions may contain references to formal Government specifications and standards which are to form a portion of the purchase description. § 1-1.307-3 Commercial, and State and local government specifications and standards.

Purchase descriptions may include or consist or references to specifications and standards issued, promulgated, or adopted by technical societies or associations, or State and local governments,

if such specifications and standards (a) are widely recognized and used in commerical practice, (b) conform to the requirements of § 1-1.307-2, and (c) are readily available to suppliers of the supplies or services to be procured.

§ 1-1.307-4 Brand name products or equal.

(a) Purchase descriptions which contain references to one or more brand name products followed by the words "or equal" may be used only in accordance with this § 1-1.307-4 and §§ 1-1.3075 through 1-1.307-9. 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 in connection with a primary item, or a major component, 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. If modifications to standard products of prospective contractors to meet the purchase description requirements are anticipated, a minimum of 30 calendar days shall be allowed between issuance of the solicitation and opening of bids or receipt of proposals, provided that periods of less than 30 calendar days may be set in cases of urgency or when the contracting officer has reason to believe that bidders can bid effectively on the basis of a shorter period.

(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, contain the following information to the extent available, and include such other information as is necessary to describe the item required: (1) Complete common generic identification of the item required.

(2) Applicable model, make, or catalog number for each brand name product referenced, and identity of the commercial catalog in which it appears.

(3) Name of manufacturer, producer, or distributor of each brand name

"Brand name or equal" purchase descriptions may be used only under the circumstances in (a) or (b) of this § 1-1.307-5:

(a) When a suitable formal Government specification or standard or industry standardization document approved for agency use is not available, and a purchase description of the type referred to in § 1-1.307-3 is inadequate or unavailable, and a purchase description meeting the general requirements of § 1-1.307-2 cannot be prepared because

(1) Construction or composition of the product to be procured is too technically involved;

(2) Public exigency or military necessity precludes timely development; or (3) It is impracticable or uneconomical to prepare a purchase description.

(b) When purchasing items for authorized resale, except military clothing.

(c) The product to be referenced must, in any event, be regularly offered for sale to the public.

(d) When a "brand name or equal" description is used, a notation shall be made in the case file as to the reasons therefor.

§ 1-1.307-6 Invitation for bids, "brand name or equal" descriptions.

BRAND NAME OR EQUAL

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

(a) If terms 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 will be considered for award if such products are clearly identified in the bids and are determined by the Government to be equal in all material respects to the brand name products 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 purchasing activity is not responsible for locating or securing any information which is not identified in the bid and reasonably available to the purchasing activity. 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 purchasing activity to (1) determine whether the product offered meets the requirements of the Invitation for Bids and (11) 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 purchasing activity.

(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 (1) 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.

(b) Where a component part of an end item is described in the invitation for bids by a “brand name or equal" pur