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urement whenever metric is the ac- name does not indicate a preference for cepted industry system. If metric is the products mentioned, but indicates not the accepted industry system, the the quality and salient characteristics head of Central Office Services respon- of products that will meet the Governsible for nationwide programs shall en- ment's minimum needs. Where a comsure that policies promoting and en- ponent of an item is described in the couraging the use of soft metric, hy- solicitation by a brand name or equal brid, or dual systems are developed, ex- purchase description and the contractcept when to do so would be detrimen- ing officer determines that application tal to the program mission. Whenever of the clause at 552.210-74 would be impossible, commercially developed met- practicable, the requirement to include ric specifications and internationally the entry described in 510.004–70(a) does or domestically developed voluntary not apply. If the clause is included in standards using metric measurements the solicitation for other reasons, a must be adopted. While an industry is statement to identify either the comin transition to metric, solicitations
ponent parts (described by brand name must include specifications and pur- or equal descriptions) to which the chase descriptions stated in soft met
clause applies, or those to which it ric, hybrid, or dual systems, except does not apply, must be included in the when impractical or inefficient.
solicitation. This also applies to acces(56 FR 33721, July 23, 1991)
sories related to an end item where a
brand name or equal purchase descrip510.004 Selecting specifications or de- tion of the accessories is a part of the scriptions for use.
description of an end item. Brand name (a) Brand name products or equal-(1) or equal descriptions may not be used Citing brand name products. Brand name to procure a particular product under or equal purchase descriptions must the guise of a competitive procurement cite all brand name products known to
to the exclusion of other products be acceptable and of current manufac- meeting minimum needs. ture. The purchase description must be (2) In small purchases, brand name amended for future acquisitions to add policies and procedures apply to the exadditional acceptable brand name prod- tent practical. ucts or to delete brand names no longer (3) A brand name or equal purchase applicable. Information on additions description may not be used unless it is and deletions shall be immediately approved by the contracting director. communicated to the specification
510.004–70 Solicitations, brand name manager. (2) Specifying essential characteristics.
or equal descriptions. Brand name or equal purchase descrip- (a) An entry substantially as follows tions must specify each physical or should be inserted in the item listing functional characteristic essential to after each item or component part of the intended use of the product or a de- an end item to which a brand name or fective solicitation necessitating the equal purchase description applies. resolicitation of the requirement may
Offering on: result. (See 510.004–71.) Characteristics
Manufacturer's Name that cannot be shown to materially af
Brand fect the intended end use, and which
No. unnecessarily restrict competition, must be avoided. When describing es
(b) Except when bid samples are resential characteristics, permissible tol
quested for brand name or equal proerances should be indicated.
curements, the following notice, sub(b) Limitations on use of brand name or
stantially as shown, should be inserted equal purchase descriptions. (1) The use
in the item listing after each brand of. brand name or equal purchase de
name or equal item (or component scriptions in solicitations is intended part) or at the bottom of each page to encourage the offering of products listing several such items: that are equal in all material respects OFFERORS OFFERING OTHER THAN to brand name products cited in such BRAND NAME ITEMS IDENTIFIED descriptions. Identification by brand HEREIN SHOULD FURNISH WITH THEIR
OFFERS ADEQUATE INFORMATION TO ENSURE THAT A DETERMINATION CAN BE MADE AS TO EQUALITY OF THE PRODUCT(S) OFFERED (SEE THE CLAUSE AT 552.210–74 BRAND NAME OR EQUAL OF THIS SOLICITATION).
510.004-71 Offer evaluation and
award, brand name or equal de
scriptions. An offer may not be rejected for failure of the offered product to equal a characteristic of a brand name product not specified in the brand name or equal description. Whenever it is determined after bid opening that the unspecified characteristic is essential to the intended end use, see 510.004(a)(2).
The head of the contracting activity shall ensure that deviations conform to the requirements of FAR 10.007 and this subpart.
510.007–70 Responsibilities of the con
tracting officer. (a) The contracting officer shall obtain the concurrence of the specification manager in the Federal Supply Service (FSS) to deviate from a Federal specification before issuance of a solicitation or amendment of a solicitation. The contracting officer shall consider the following factors before forwarding a deviation request for evaluation:
(1) The impact that it might have on the ability of other offerors to furnish the item, and on future solicitations for the same item.
(2) Whether the item is the subject of a protest, is under litigation, or is sensitive or controversial.
(3) The timeliness of the deviation request.
(4) The urgency of the requirement.
(b) In addition to the information required at FAR 10.007(a)(4), a contracting officer's request to deviate from a Federal specification should include the effect of the deviation on the form, fit, or function of the item, if known.
the contract amount is expected to exceed the small purchase limitation and when:
(1) Citing documents or publications not furnished with the solicitation, or
(2) Incorporating documents or publications by reference.
(b) The contracting officer shall insert the clause at 552.210–71, Reference to Specifications in Drawings, in solicitations and contracts citing Federal specifications which contain drawings.
(c) The contracting officer shall insert a clause substantially the same as the clause at 552.210-72, Acceptable Age of Supplies, or the clause at 552.210–73, Age on Delivery, in solicitations and contracts if the contractor will be required to furnish shelf-life items within a specified number of months from the date of manufacture or production of the supplies. (See 101–27.206-2 of the Federal Property Management Regulation.) The Acceptable Age of Supplies clause at 552.210-72 should be used when the required shelf-life period is 12 months or less, and lengthy acceptance testing may be involved. For items having a limited shelf-life, Alternate I to 552.210–72 must be substituted in the basic clause when requested by the director of the commodity center concerned and authorized by the Director, Operations Management Division. The Age on Delivery clause at 552.210_73 should be used when the required shelflife period is more than 12 months, or when source inspection can be performed within a short time period.
(d) The contracting officer shall include the clause at 552.210–74, Brand Name or Equal, in solicitations and contracts using a brand name or equal purchase description.
(e) The contracting officer shall include the clause at 552.210–75, Marking, in requirements solicitations and contracts for supplies when deliveries may be made to civilian and military activi. ties and the contract amount is expected to exceed the small purchase limitation. The clause may be used in definite quantity contracts when it is appropriate.
(f) The contracting officers shall insert the clause at 552.210–76, Charges for Marking, in solicitations and contracts that include the clause at 552.210_75 or a similar clause.
510.011 Solicitation provisions and
contract clauses. (a) The contracting officer shall insert the clause at 552.210–70, Standard References, in solicitations and contracts for construction services when
510.070-3 Use of Federal or interim
Federal specifications and stand
ards. (a) Federal or interim Federal specifications and standards must be incor
orated by reference into solicitations. The reference must identify the specifications or standard by series, i.e., Federal, military, or departmental (e.g., Forest Service), followed by the number and date. (The specification number includes the revision indicator.) Amendments must be identified, e.g., Federal Specification PPP-B-636G, dated February 17, 1972, and Interim Amendment 1, dated August 30, 1972.
(b) Specifications or standards which are canceled or superseded must not be used.
(g) The contracting officer shall include the clause at 552.210-77, Preservation, Packaging and Packing, in solicitations and contracts for supplies when the contract amount is expected to exceed the small purchase limitation. The contracting officer may include the
clause in contracts awarded through small purchase procedures when appropriate.
(h) The contracting officer shall insert a clause substantially the same as the clause at 552.210-78, Charges for Packaging and Packing, in solicitations and contracts for supplies that are to be delivered to GSA distribution centers.
(1) The contracting officer shall include the clause at 552.210-79, Packing List, in solicitations and contracts for supplies including small purchases.
(j) When the provision at 52.210-1, Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, is used in solicitations, the contracting officer is authorized to deviate from the FAR provision by substituting 490 L'Enfant Plaza, SW, Suite 8100, for the street address and 202–755 0325 or 0326 for the telephone numbers of the GSA Specification Unit shown in the provision. Business Service Centers in Chicago, IL; Los Angeles, CA; and Auburn, WA, also must be deleted from the provision because these offices no longer maintain and distribute Federal specifications and standards. (54 FR 26510, June 23, 1989, as amended at 57 FR 61584, Dec. 28, 1992)
510.0704 Other than Federal and in
terim Federal specifications. (a) When the services or staff offices issue guide specifications that apply to the contracting offices within an organization, the head of the service or staff office may establish the review procedures for deviation requests.
(b) The contracting officer shall analyze requests for deviations in accordance with the requirements outlined in 510.007-70.
The provisions of 510.070-1 and 510.070—2 regarding interim Federal specifications and the procedures and requirements concerning deviations in 510.070_4 also apply to Federal standards.
formance the characteristics of available, acceptable, commercial supplies.
Subpart 512.1-Delivery or Performance Schedules
(a) The specification manager with advice from the contracting officer, if necessary, shall determine if inclusion of a CID in a solicitation is the most appropriate way of describing the Government's needs.
(b) When the CID consists of only the minimum salient characteristics of the commercially available supplies (e.g., general requirements, test procedures), a commercial item certification must be included in the solicitation. (See 511.070.) Because the certification provision supplements and replaces the quality assurance provisions, the certification must be obtained to rep resent that the supplies being offered are of standard commercial quality.
(c) For CID's that incorporate specific salient characteristics including performance standards, packaging and packing requirements, quality assurance provisions (e.g., visual examination, sampling plans, test methods) the commercial item certification is not required. In this instance, the CID is the sole basis of determining whether the item meets the Government's needs.
(a) Normally, time of delivery in solicitations and contracts, except multiple award schedules, will be stated as "required” time of delivery (or shipment), expressed in specific periods from receipt by the contractor of a notice of award (or receipt of a delivery order). In multiple award schedule solicitations delivery times will usually be stated as "desired" and offerors will indicate a definite number of days for delivery.
(b) The contracting officer must be satisfied that the requisitioning office has justified, in writing, an unusually short time of delivery. This is particularly important where the time specified is so short that it may limit competition and possibly result in higher prices. Examples of justifications are:
(1) Furniture is required to outfit quarters scheduled for occupancy on a specific date;
(2) Construction material is required to meet job progress schedules; and
(3) Supplies are required at a port to meet scheduled ship departures.
(c) When a portion of the total delivery is needed early, the contracting officer should:
(1) Consider requiring that portion by the early date and the balance later; and
(2) Determine whether the portion required early and the balance should be included as separate items in the same solicitation or whether the two portions should be procured separately.
(d) When a solicitation contains a mixture of items that require different times for delivery, the delivery periods should be set forth separately and items with similar delivery time requirements should be grouped according to delivery times in the solicitation.
(e) In negotiations for multiple award schedules, the contracting officer should secure the best possible delivery time regardless of the “desired" delivery time(s) in the solicitation. For example, some offers comply with the Government's desired delivery time but others cite delivery times which are substantially shorter. The former
511.070 Solicitation provision.
Except for supplies acquired using the Federal Prison Industries or Workshops as mandatory sources (see FAR Subparts 8.6 and 8.7), the contracting officer shall include the provision at 552.211–70, Commercial Item Certification, in solicitations for supplies when a basic or broad description of a standard commercially available product is used to describe the requirement.
PART 512-CONTRACT DELIVERY
Subpart 512.1-Delivery or Performance
Sec. 512.101 General. 512.104 Contract clauses.
AUTHORITY: 40 U.S.C. 486(C)
SOURCE: 54 FR 26512, June 23, 1989, unless otherwise noted.
should be negotiated to bring them in line with the latter. Variable delivery time offers (e.g., 30-90 days) should be negotiated to keep the timespan to a minimum. If the span applies to several items or several quantity breaks for one item, the items or item quantity breaks should be segregated into smaller groups which can be assigned more specific delivery times.
512.104 Contract clauses.
(a) Supply contracts. The contracting officer shall insert the clause at:
(1) 552.212–1(a), Time of Delivery, in solicitations and single award schedule contracts for supplies. If it is necessary to show different delivery times for different items or groups of items, use Alternate I.
(2) 552.212–1(b), Time of Delivery, in solicitations and multiple award schedule contracts for supplies. If the Government's desired delivery time is shown in the Schedule of Items, use Alternate I. If the same delivery time applies to all items, use Alternate II.
(3) 552.212–70, Time of Shipment, in solicitations and stock replenishment
contracts that do not include the Availability for Inspection Testing and Shipment/Delivery clause at 552.212–72 and require shipment within 45 calendar days after receipt of the order. If shipment is required in more than 45 days, use Alternate I.
(4) 552.212–71, Notice of Shipment, in solicitation and contracts for supplies when it is in the Government's interest to have the contractor furnish a notice of shipment.
(5) 552.212–72, Availability for Inspection, Testing and Shipment/Delivery, in solicitations and contracts that provide for source inspection by Government personnel and that require lengthy testing for which timeframes cannot be determined in advance. If the contract is for stock items, use Alternate I.
(b) Construction contracts. The contracting officer shall insert the clause at 552.212–74, Non-compliance with Contract Requirements, in solicitations and contracts for construction when the contract amount is expected to exceed the small pui hase limitation.