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DSCR L53F: CONDITIONS FOR EVALUATION/ACCEPTANCE OF PART NUMBERED ITEMS

L53F     52.217 9002      CONDITIONS FOR EVALUATION    DLAD  (JUL 2002)
AND                       AND ACCEPTANCE OF OFFERORS 
L17C01                    FOR PART NUMBERED ITEMS
                           

    (a)	 The product described in the acquisition 
identification description (AID) of this solicitation is
that product which the Government has determined to be
acceptable.  All Offerors shall indicate below, or through
an alternative means in an electronic quoting system, 
whether they are offering an “exact product,” an “alternate
product” (which includes a “previously reverse-engineered 
product”), a “superceding part number,” or a “previously-
approved product;” and shall furnish the data required for
whichever is applicable.   (To determine which type of 
product to indicate, Offerors must refer to the criteria 
in sub-paragraphs (b)-(e) of this provision, respectively.)
Any product offered must be either a product cited in the
AID; or be physically, mechanically, electrically, and 
functionally interchangeable with a product cited in the 
AID, including additional requirements referred to in the 
AID, if any.    

Exact Product – Applies to CLIN(s)(_______________________
___________________________)
Alternate/Previously Reverse-Engineered Product – Applies
to CLIN(s) (______________________________________________)
Superceding Part Number – Applies to CLIN(s): (___________
__________________________________________)
Previously-Approved Product – Applies to CLIN(s): (______ 
__________________________________________)

    (b)  “Exact product.”
  
        (1)  “Exact product” means a product described by
the name of an approved source and its corresponding part 
number, as currently cited in the AID; modified (if 
necessary) to conform to any additional requirements set
forth in the AID; and manufactured by, or under the 
direction of, that approved source.  If an Offeror 
indicates that an “exact product” is being offered, the 
Offeror must meet one of the descriptions in subparagraphs 
(i)-(iv) below.  (Any Offeror not meeting one of these 
descriptions is not considered to be offering “exact 
product;” even though the item may be manufactured in 
accordance with the drawings and/or specifications of an 
approved source currently cited in the AID.)

    (i)  An approved source currently cited in the AID
offering its corresponding part number as cited in the AID;

    (ii)  A dealer/distributor offering the product of
an approved source that meets the description in sub-
paragraph (i) above; 

    (iii)  A manufacturer who (A) produces the offered
item under the direction of an approved source currently 
cited in the AID; and (B) has authorization from that 
approved source to manufacture the item, identify it as
that approved source’s name and part number, and sell the 
item directly to the Government.  If requested by the 
Contracting Officer, the Offeror/Contractor must provide 
documentation to demonstrate such authorization.  

    (iv)  A dealer/distributor offering the product of
a manufacturer that meets the description in subparagraph 
(iii) above.  If requested by the Contracting Officer, the 
Offeror/Contractor must provide documentation that 
demonstrates such authorization.

        (2)  When the AID identifies the item being acquired 
as a critical safety item (CSI), offers of exact product 
will be evaluated in accordance with 52.211-9005. 

    (c)  “Alternate product.” 

        (1)  The Offeror must indicate that an “alternate 
product” is being offered if the Offeror is any one of the
following:  

    (i)  An Offeror who (A) manufactures the item for 
an approved source currently cited in the AID; and (B) does
not have authorization from that approved source to 
manufacture the item, identify it as the approved source 
part number, and sell the item directly to the Government; 
 
    (ii)  A dealer/distributor offering the product of
a manufacturer that meets the description in subparagraph 
(i) above; 

    (iii)  An Offeror of a previously reverse-
engineered product that is not currently cited in the AID; 
or

    (iv)  Any other Offeror who does not meet the 
criteria in subparagraphs (b)(1), (d), or (e) of this 
provision.

        (2)  If an alternate product is offered, the Offeror 
shall furnish with its offer legible copies of all drawings,
 specifications, or other data necessary to clearly describe
the characteristics and features of the alternate product 
being offered.  Data submitted shall cover design, 
materials, performance, function, interchangeability, 
inspection and/or testing criteria, and other 
characteristics of the offered product. If the offered 
product is to be manufactured in accordance with data the
Offeror has obtained from elsewhere within the Government,
the Offeror shall either furnish the detailed data 
specifiedin this paragraph, or supply a description of the
data package in its possession;  i.e., basic data document
and revision, the date the data was obtained and from whom
(Government agency/activity).  If the Offeror does not 
furnish the detailed data with its offer, the Contracting
Officer will be unable to begin evaluation of the offered
product until such time as the detailed data can be
obtained from the Government agency/activity possessing the
data. If the alternate product is a previously reverse-
engineered product, the Offeror shall provide: traceability
 documentation to establish that the offered item represents
the item specified in the AID (i.e., invoice from an 
approved source or submission of samples having markings 
of an approved source); number of samples that were 
examined; the process/logic used; raw data (measurements,
lab reports, test results) used to prepare drawings or 
specifications for the offered item; any additional 
evidence that indicates the reverse-engineered item will
function properly in the end item; and any evidence that 
life cycle/reliability considerations have been analyzed. 

        (3)  In addition, the Offeror may be required to 
furnish data describing the “exact product” cited in the 
AID.  The data required from the Offeror depends on the 
level of technical data describing the exact product, if 
any, available to the Government.  The possible levels of 
technical data the Government may have and the 
corresponding data submission requirements for Offerors
are identified in subparagraphs (a)-(d) below.  For the 
item(s) being acquired under this solicitation, the level 
of data in the Government’s possession and the 
corresponding requirements for data submission are 
identified in the AID; or, if not specified in the AID, 
are as follows: @52@@@ (Buyer insert (a), (b), (c), or (d) 
as applicable, if AID does not identify).  (If the level of 
data in the Government’s possession and Offeror 
requirements for data submission are not identified in 
either the AID or in this subparagraph (c)(3), then 
subparagraph (a) below applies.)

    (a)  No data: This Agency has no data available for 
evaluating the acceptability of alternate products offered.  
In addition to the data required in subparagraph (c)(2) of 
this provision, the Offeror must furnish drawings and other 
data covering the design, materials, etc., of the exact 
product cited in the AID, sufficient to establish that the
Offeror's product is equal to the product cited in the AID.  

    (b)  Adequate proprietary (i.e., limited rights) data: 
This Agency possesses adequate drawings and/or 
specifications for the exact product as cited in the AID, 
but such data are proprietary (i.e., limited rights) and 
shall be used only for evaluation purposes.  The Offeror 
must furnish the data required in subparagraph (c)(2) of 
this provision, but is not required to submit data on the 
exact product.

    (c)  Inadequate data: This Agency does not have adequate
data available for  evaluating the acceptability of 
alternate products offered.  In addition to the data 
required in subparagraph (c)(2) of this provision, the 
Offeror must furnish drawings and other data covering the 
design, materials, etc., of the exact product cited in the 
AID, sufficient to establish that the Offeror's product is 
equal to the product cited in the AID.

    (d)  Adequate catalog data:  This is a commercial off 
the shelf item.  Adequate catalog data are available at the
contracting office to evaluate alternate offers.  In 
addition to the data required in subparagraph (c)(2) of 
this provision, the Offeror must furnish with its offer a 
commercially-acceptable cross reference list; or legible 
copies of all drawings, specifications or other data 
necessary to clearly describe the characteristics and 
features of the alternate product being offered, sufficient
to establish that the Offeror’s product is equal to the 
product cited in the AID.  The Offeror is not required to 
submit data on the exact product.

        (4)  Except for indefinite delivery purchase orders 
(IDPOs), if this solicitation is automated (i.e., if the 
solicitation number begins with SPE; or begins with SP0 and
contains “T” or “U” in the ninth position of the 
procurement instrument identification number (PIIN)), the 
Contracting Officer will not evaluate offers of alternate 
product (which includes offers of previously reverse-
engineered product) for the current procurement.  Instead, 
the Offeror shall submit a request to the location below 
for evaluation of the alternate product’s technical 
acceptability for future procurements of the same item. 
The request for evaluation shall cite the National Stock
Number (NSN) of the exact product and, as identified in 
this provision, include the applicable level of technical 
data on the alternate and exact products.  All offers of 
alternate product will be handled in accordance with 
DLAD 17.7501(b)(4).            

For solicitation numbers beginning with SPE7 or SPE9; or
beginning with SP0 and containing “T” or “U” in the ninth 
position of the PIIN:  

               Defense Supply Center Columbus    
               Directorate of Procurement   
               Alternate Offer Monitor, DSCC-PCA   
               3990 East Broad Street       
               Columbus, OH 43216-5000            

For solicitation numbers beginning with SPE4; or beginning 
with SP0 and containing “T” or “U” in the ninth position of
the PIIN:  
                     
              Defense Supply Center Richmond   
              Office of the Competition Advocate   
              ATTN:  DSCR-DU        
              8000 Jefferson Davis Highway 
              Richmond, VA  23297-5100           

For solicitation numbers beginning with SPE5; or beginning 
with SP0 and  containing “T” or “U” in the ninth position 
of the PIIN:

	      Defense Supply Center Philadelphia
	      Office of the Competition Advocate/General
              & Industrial
              DSCP-PI
              700 Robbins Avenue
              Philadelphia, PA  19111-5096
                            

    (d)  “Superceding part number.”    
    
        (1)  The Offeror must indicate that a “superceding part 
number” is being offered if the offered item otherwise 
qualifies as an “exact product,” except that the part 
number cited in the AID has been superceded.  The Offeror 
may be requested to furnish data, or provide confirmation 
through some other means, sufficient to establish that 
there are no changes in the configuration of the part.  
However, if such data are unavailable, the Offeror may be 
required to furnish technical data as required in paragraph
(c) for “alternate products.”  (If such data indicate there
have been changes in the configuration of the part, the 
offered item must be identified as an “alternate product.”)          
 
        (2)  For solicitation numbers beginning with SPE, any 
data to be furnished with an offer of a “superceding part 
number” should be mailed to the buyer at the procuring 
activity address on the solicitation.  (Uploading the 
information with the quotation, or including it in the 
“Remarks” section, will make the offer a “bid with 
exception,” causing it not to be evaluated.) 

    (e) “Previously-approved product.”      

        (1)  If the product offered has previously been furnished
to the Government or otherwise previously evaluated and 
approved, the Offeror shall indicate in the space provided
below, or through an alternative means in an electronic 
quoting system, the contract and/or solicitation number 
under which the product was furnished or approved.  
CLIN NR (s)_______________________have been previously
furnished or evaluated and approved under contract/
solicitation number ____________________________.)        

        (2)  If the product was furnished or evaluated and 
approved by a contracting activity different from the one 
issuing this solicitation, Offerors are advised that the 
Contracting Officer may not have access to records of 
another activity or other information sufficient to 
reasonably determine the offered product’s acceptability.  
Therefore, in order to ensure that adequate data is 
available for evaluation, Offerors may elect to furnish 
with their offer the information requested by subparagraph
(b) or (c) of this provision, whichever is applicable for 
the offered product.  Offerors are advised that if the 
additional data is not furnished, the Government may not be
able to evaluate the offer.  (For solicitation numbers 
beginning with SPE, the information should be mailed to the
buyer at the procuring activity address on the solicitation.
Uploading the information with the quotation, or including 
it in the “Remarks” section, will make the offer a “bid 
with exception,” causing it not to be evaluated.)                                                                                                                                                              

    (f)  For all types of offers (“exact product,” 
“alternate product,” “superceding part number,” or 
“previously-approved product”), Offerors shall provide the 
Contractor and Government Entity (CAGE) Code of the 
manufacturer and the part number being offered for each 
item in the solicitation.   

    (g)  Failure to furnish adequate data and/or 
information as prescribed in subparagraph (b), (c), (d) or 
(e) of this provision (when required for the current 
procurement) within 10 business days or less, or as 
otherwise required by the Contracting Officer or elsewhere
in this solicitation, may preclude consideration of the 
offer.  For automated procurements, it is the 
responsibility of the Offeror when offering a “superceding
part number” or a “previously-approved part number” to 
ensure that supporting documentation arrives at the 
contracting activity within 2 business days after the data 
is requested, or the offer may not be considered.  The 
Agency will make every effort to determine, prior to award,
the acceptability of the products offered which meet the 
dollar savings threshold shown below, and/or which have a 
reasonable chance to receive an award based on price 
offered.  Generally, the Agency will not evaluate alternate 
offers not meeting the dollar threshold.  The savings 
potential is based on the cost of evaluation ($200.00 if 
only a local technical evaluation is involved, plus an 
additional $1,200.00 for each required Engineering Support 
Activity evaluation).  If the Agency determines that an 
evaluation cannot be completed before the expected contract
award date due to urgent requirements for the item, 
alternate offers will not be considered for the current 
procurement.  Instead, they will be evaluated for technical
acceptability for future procurements of the same item, if 
adequate data is submitted and savings potentials are 
expected, as stipulated above. For alternate offers not 
evaluated, the Offeror’s complete technical data package 
will be returned.     

    (h)  If Offerors desire to restrict the Government's 
use of data submitted for evaluation, the data must bear 
the appropriate legends as prescribed by FAR 52.215 1(e).  
In the event an award is made to an Offeror submitting data
without the appropriate legend, the Government will have 
unlimited rights to its use as defined in DFARS 252.227 7013.

    (i)  It is the Government that determines if the 
documentation or other evidence furnished by an Offeror is 
adequate to satisfy the requirements in this provision.  
If the Contracting Officer requests evidence from a 
Contractor who received an award resulting from this 
solicitation, and the Contracting Officer subsequently 
finds the evidence to be unacceptable, the award may be 
cancelled.    

(End of provision)