NFS part 1810

PART 1810

SPECIFICATIONS, STANDARDS, AND

OTHER PURCHASE DESCRIPTIONS

1810.001 Definitions.

"Brand-name product" means a commercial product described by brand name and make or model number or other nomenclature by which it is offered for sale to the public by the manufacturer, producer, or distributor.

1810.002 Policy.

Implementation of the Metric Conversion Act of 1975, as amended, and FAR 10.002(c), shall be in accordance with the policy section of NMI 8010.2, Use of the Metric System of Measurements in NASA Programs.

1810.002-70 NASA policy.

Whenever a specification is deemed inadequate, the contracting officer shall initiate action to recommend that the activity responsible for the specification amend or revise it to obviate the necessity for repeated departures from the specification.

1810.002-71 Performance-based contracting.

Use of performance-based specifications, where feasible, is the preferred method for establishing contract requirements. Requiring activities shall, to the maximum extent practicable, use performance-based specifications, purchase descriptions and statements of work to give contractors freedom to innovate and economize, and to hold contractors accountable for the end results.

1810.004 Selecting specifications or descriptions for use.

(a) As required by FAR 10.004(e), contracts will include appropriate preservation, packaging, packing, and marking requirements. The services of packaging technicians shall be used to --

(1) Develop preservation, packaging, packing, and marking requirements; and

(2) Assist in evaluating 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.

1810.004-70 Additional requirements.

Many specifications cover several grades or types and provide for options in methods of inspection. When such specifications are used, the solicitation shall state specifically the grade, type, or method of inspection on which offers are to be based.

1810.004-71 Brand-name-or-equal purchase description.

(a) Purchase descriptions containing references to one or more brand-name products followed by "or equal" may be used only when authorized by FAR 10.004(b)(3) and in accordance with this Part 1810 (see 1810.008-70, 1810.011, and 1852.210-70).

(b) "Or equal" should not be added if it is determined under paragraph (a) of this section that only a particular product meets the essential requirements of the Government (e.g., when the required supplies can be obtained only from one source (see FAR 6.302-1)).

(c) To the extent feasible, all acceptable brand-name products should be referenced. If "brand-name-or-equal" is used, offerors must be given the opportunity to offer products other than those referenced by brand name if those products will meet the needs of the Government in essentially the same manner.

(d) "Brand-name-or-equal" purchase descriptions should set forth the salient physical, functional, or other characteristics essential to the needs of the Government. Purchase descriptions should contain the following characteristics, in addition to those at FAR 10.004(b)(1), to the extent available, and include other information necessary to describe the item:

(1) Complete common generic identification of the item.

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

(3) Name of manufacturer, producer, or distributor of each brand-name product referenced (and address if company is not well known).

(e) When it is needed to describe the item required, a commercial catalog description, or pertinent extracts, may be used if the description is identified in the solicitation as being that of the manufacturer, producer, or distributor. The contracting officer shall ensure that a copy of any catalog referenced (except parts catalogs) is available on request for review by offerors at the contracting office.

(f) Offerors offering brand-name products shall not be required to furnish samples; however, solicitations may require the submission of samples from offerors proposing "or equal" products.

(g) Proposals offering products differing from brand-name products referenced in a "brand-name-or-equal" purchase description shall be considered for award if the contracting officer determines under the provision at 1852.210-70 that the offered products meet the salient characteristics required by the solicitation. Offers shall not be rejected because of minor differences in design, construction, or features that do not affect the suitability of the products for their intended use.

(h) Except as provided in paragraph (i)(1) of this section, when a "brand-name-or-equal" purchase description is included in a solicitation, the following shall be inserted after each item so described in the solicitation for completion by the offeror:

Offering:

Manufacturer's Name

Brand No.

(i)(1) Where components of an end item are described in the solicitation by a "brand-name-or-equal" purchase description and the contracting officer determines that applying the provision at 1852.210-70 to them would be impracticable, the requirements of paragraph (h) of this section shall not apply. In such cases, if the provision is included in the solicitation for other reasons, a statement substantially as follows shall be included:

The provision entitled Brand Name or Equal does not apply to the following components:

(List the components to which the provision does not apply.)

(2) If the contracting officer determines that the provision at 1852.210-70 should apply only to certain components, the requirements of paragraph (h) of this section shall apply to them, and a statement substantially as follows shall be included:

The provision entitled Brand Name or Equal applies to the following components:

(List the components to which the provision applies.)

(j) The policies and procedures prescribed in paragraphs (a) through (i) of this section apply to sealed-bid and negotiated procurements. If use of the provision is not practicable (as may be the case, for example, in exigency purchases), suppliers shall be informed that proposals offering products different from the products referenced by brand name will be considered if the contracting officer determines that they are equal in all significant and material respects to the products referenced.

1810.007 Deviations.

If an exception or deviation from a Federal or military specification is required--

(a) The contracting officer shall, before issuing the solicitation, submit a fully documented and justified request for the deviation to the procurement officer; and

(b) The procurement officer shall comply with FAR 10.007(a).

1810.008 Identification and availability of specifications.

Each solicitation shall include the applicable specifications, standards, plans, drawings, and other pertinent documents, or shall state where they can be obtained or examined.

1810.008-70 Brand-name-or-equal awards.

Award documents shall identify or incorporate by reference an identification of the specific products the contractor is to furnish. This identification shall include any brand name and make or model number, descriptive material, and any modifications of brand-name products specified in the solicitation. Included in this requirement are those instances in which (a) the description of the end item contains "brand-name-or-equal" purchase descriptions of components or of accessories related to the end item and (b) the solicitation includes the provision at 1852.210-70 as applicable to such components or accessories (see 1810.004-70(i)).

1810.011 Solicitation provisions and contract clauses.

1810.011-70 NASA solicitation provisions and contract clauses.

(a) When a "brand-name-or-equal" purchase description is used, the contracting officer shall insert in the solicitation the provision at 1852.210-70, Brand Name or Equal.

(b) The contracting officer shall insert the provision at 1852.210-71, Descriptive Literature for Used Material, in solicitations containing FAR provision 52.210-6, Listing of Used or Reconditioned Material, Residual Inventory, and Former Government Surplus Property. Insert the information needed to make a determination that the items to be furnished can reasonably be expected to conform to the requirements of the solicitation.

(c) The contracting officer may insert a clause substantially as stated in 1852.210-72, Supplies and/or Services to be Furnished, in all solicitations and contracts to indicate the items to be delivered. Insert the item number, description of the supplies (see FAR 2.101 for definition) and/or services to be furnished, quantities to be furnished, unit and unit price (if applicable), and total dollar amount. The column headings may be modified for what is being acquired and the type of contract.

(d) The contracting officer shall insert a clause substantially as stated at 1852.210-75, Packaging and Marking, in solicitations and contracts where the packaging and marking requirements of NASA Handbook (NHB) 6000.1 and/or MIL-STD-2073-1 and MIL-STD-2073-2 are appropriate. Insert the applicable information for the particular procurement. Substitute Alternate I for paragraphs (a), (b), (c), and (d) of the basic clause if commercial packing and marking practices are to be used. Add Alternate II if space flight item(s) are to be delivered.