[Code of Federal Regulations]

[Title 41, Volume 2]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 41CFR101-29.402]



[Page 137]

 

           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT

 

          CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS

 

PART 101-29_FEDERAL PRODUCT DESCRIPTIONS--Table of Contents

 

     Subpart 101-29.4_Mandatory Use of Federal Product Descriptions

 

Sec. 101-29.402  Exceptions to mandatory use of Federal product 

descriptions.



    (a) Federal product descriptions do not need to be used under any of 

the following circumstances:

    (1) The purchase is required under a public exigency and a delay in 

obtaining agency requirements would be involved in using the applicable 

description.

    (2) The total amount of the purchase is less than $10,000. (Multiple 

small purchases of the same item shall not be made for the purpose of 

avoiding the intent of this exception. Further, this exception in no way 

affects the requirements for the procurement of items available from GSA 

supply distribution facilities, Federal Supply Schedule contracts, GSA 

procurement programs, and certain procurement sources other than GSA 

that have been assigned supply responsibility for Federal agencies as 

provided in subparts 101-26.3, Sec. 101-26.4, and Sec. 101-26.5).

    (3) The items are purchased in foreign markets for use of overseas 

activities of agencies.

    (4) The products are adequately described in voluntary standards or 

in standards mandated by law.

    (5) The acquisition involves a one-time procurement.

    (6) A Federal product description is not currently available and is 

not expected to be available within a reasonable time of the scheduled 

acquisition action.

    (7) The product is available only from a single source or is 

produced to a single manufacturer's design.

    (8) The product is unique to a single system.

    (9) The product (excluding military clothing) is acquired for 

authorized resale.

    (b) If the purchase involves the following, Federal product 

descriptions do not need to be used except to the extent they are 

applicable, in whole or in part:

    (1) Items required in construction of facilities for new processes 

or new installations of equipment;

    (2) Items required for experiment, test, or research and 

development; or

    (3) Spare parts, components, or material required for operation, 

repair, or maintenance of existing equipment.