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FEDERAL REGISTER

Thursday, A u g u s t 13, 1959

CODIFICATION GUIDE Con.
14 CFR

Page
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21 CFR

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Proposed rules:
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32 CFR

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33 CFR
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38 CFR
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Public land orders:
41 revoked by PLO 1931------- 6582
138revoked byPLO 1931- 6582
649 see PLO 1931____________ 6582
1931___________________________ 6582
Appropriate
corrections
have
been
made to cross-references in Parts 1, 2, 3
and 12; they appear in their proper sequence.

A new 1.314, has been added to pro vide for the interchange of procurement information between Departments and between procuring activities, where the same item or class of items is being pur chased.
In negotiated procurements, provision has been made for acquiring the necessary basic information from the prospective supplier. This procedure is responsive, in part, to Finding No. 5 of House Report No. 2660, dated August 18, 1958, entitled Rocket Launcher Pro curement.
A new 1.315, has been added covering delivery term s in both formal advertising and negotiation.
Delivery schedules may be expressed in terms of calendar dates, specified periods from date of con tract, and specified periods from date of receipt by contractor of notice of award.
Appropriate provisions for inclusion in IP B s and R F Ps are furnished. This action w as based on consideration of Comptroller General Decision No. B 136303, dated August 4, 1958. The amendments of Subpart C, are as follows;

1.300

Deletion
Section 1.300 is deleted.
1.3023 Production and research and development pools.

c Ascertainment of status.
The contracting officer is responsible for as certaining whether a group of firms
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4 Purchase of items for authorized resale except military clothing;
5 Purchase of items in an amount not to exceed $2,500 multiple small pur chases of less than $2,500 of the same item shall not be made for the purpose of avoiding the use of Federal or Military specifications;
6 Purchase of one-time procurement items; or 7 Purchase of items for which it is

e Responsibility of pool members. impracticable or uneconomical to pre Where a member of a production pool pare a specification repetitive use of a has submitted a bid or proposal in its purchase description containing the es own name, the pool agreement shall be sential characteristics of a specification considered in determining its respon will be construed as evidence of improper sibility pursuant to Subpart H of this use of this exception.
c I f it is determined, in accordance part.
v with the procedures established under 1.3024
Am endm ent the Defense Standardization Program by In 1.302-4, wherever the Director of the Assistant Secretary of Defense Sup Defense Mobilization and the O DM are ply and Logistics, that the specifica used, they should be changed to Director tions listed in a above do not meet the of Civil and Defense Mobilization and particular or essential needs of a bureau, service, or comihand, then except as the OCDM, respectively.
provided in paragraph b of this sec 1.305 Specifications, plans, and draw tion applicable interim Federal specings.
.ifications or limited coordinated Military 1.3051 General.
specifications should be used.
d Whenever a specification is found a Plans, drawings, specifications or purchase descriptions for procurements to be inadequate, immediate action shall shall state only the actual minimum be taken to effect the issuance of an needs of the Government and describe amendment or a revision in accordance the supplies and services in a manner with established procedures to obviate the necessity for repeated departures which will encourage maximum competi tion and eliminate, insofar as is possible, from the specification.
any restrictive features which might 1.3053 Availability o f specifications, limit acceptable offers to one suppliers plans, and drawings.
product, or the products of a relatively Invitations for bids and requests for few suppliers. Items to be procured shall be described by reference to the proposals will:
a So far as practicable, be accom applicable specifications or by a descrip panied by all applicable specifications, tion containing the necessary re plans, and drawings, and shall so state quirements.
b Many specifications cover several that fact;
b State the exact locations where grades or types, and provide for several options in methods of inspection, etc. all applicable specifications, plans, and W hen such specifications are used, the drawings may be obtained by prospective invitation for bids or request for pro contractors and that such specifications, posals shall state specifically the grade, plans, and drawings were not furnished type, or method of inspection, etc., on with the invitation for bids or request which bids or offers are to be based. for proposals; or c I f distribution of applicable speci 1.3052 Mandatory specifications.
fications, plans, or drawings is impracti a Except as provided in paragraph cable, state a reasonable number of loca b of this section the following specifi tions at which they may be examined.
cations are mandatory for use by the De 1.3057 Alternate articles or qualities.
partment of Defense in the procurement Invitations for bids and requests for of supplies and services covered by such proposals may provide for alternate bids specifications 1 Federal specifications, unless de or proposals on different articles or termined by the Department of Defense qualities of material, e.g., where two or more articles will be equally acceptable to be inapplicable for its use; and 2 Coordinated Military specifica to the Government depending upon rela tions, approved by the Department of tive price. However, the alternate arti cles or qualities must be precisely de Defense for its use.
b Federal and Military specifica scribed to assure that the same degree tions need not be used for the following of competition is obtainable on the alter unless required by Departmental in nate bids or offers as is obtainable on the basic articles described.
structions;
1 Purchase incident to research and 1.307
R eserved development;
1.314 Exchange o f purchase inform a 2 Purchase of items for test or eval tion.
uation;
a
Where the same item or class of 3 Purchase of laboratory test equip ment for use by Government labora items is being purchased by more than one Military Department, or by more tories.

seeking to do business with the Govern ment 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 SBA or OCD M notification of approval of the pool. Each Depart ment will expeditiously disseminate to contracting officers information re ceived from SBA or OCDM concerning the approval of pools.