[Code of Federal Regulations]
[Title 48, Volume 5]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR852.211-74]

[Page 239]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 8--DEPARTMENT OF VETERANS AFFAIRS
 
Sec. 852.211-74  Telecommunications equipment.

    (a) When a detailed purchase description of formal specification is 
the basis for solicitations for telecommunications equipment as defined 
in VA Manual MP-6, Part VIII, (available at any Department of Veterans 
Affairs facility), solicitations, including those for construction, will 
include the following provision:

                        Special Notice (APR 1984)

    Descriptive literature. The submission of descriptive literature 
with offers is not required and voluntarily submitted descriptive 
literature which qualifies the offer will require rejection of the 
offer.
    However, within 5 days after award of contract, the contractor will 
submit to the contracting officer literature describing the equipment 
he/she intends to furnish and indicating strict compliance with the 
specification requirements.
    The contracting officer will, by written notice to the contractor 
within 20 calendar days after receipt of the literature, approve, 
conditionally approve, or disapprove the equipment proposed to be 
furnished. The notice of approval or conditional approval will not 
relieve the contractor from complying with all requirements of the 
specifications and all other terms and conditions of this contract. A 
notice of conditional approval will state any further action required of 
the contractor. A notice of disapproval will cite reasons therefor.
    If the equipment is disapproved by the Government, the contractor 
will be subject to action under the Default provision of this contract. 
However, prior to default action the contractor will be permitted a 
period (at least 10 days) under that clause to submit additional 
descriptive literature on equipment originally offered or descriptive 
literature on other equipment.
    The Government reserves the right to require an equitable adjustment 
of the contract price for any extension of the delivery schedule 
necessitated by additional descriptive literature evaluations.

                           (End of provision)

    (b) The descriptive literature to be furnished by the contractor 
after award in accordance with paragraph (a) of this section is subject 
to the controls established in 870.112(b).
    (c) The time of delivery or performance to be specified in the 
solicitation will include the time required for submission, receipt, the 
evaluation and approval required by 870.112(b) of this chapter, and 
return to the contractor of the descriptive literature.

[49 FR 12629, Mar. 29, 1984, as amended at 50 FR 794, 796, Jan. 7, 1985. 
Redesignated at 63 FR 17338, Apr. 9, 1998]