48 CFR Part 1910 — Specifications, Standards, and Other Purchase Descriptions

PART 1910—SPECIFICATIONS, STANDARDS, AND OTHER PURCHASE DESCRIPTIONS Authority: 40 U.S.C. 486(c). Source: 50 FR 13204, Apr. 3, 1985, unless otherwise noted. 1910.004-70 Brand name products or equal. (a) General. (b) Citing brand name products. (c) Specifying essential characteristics. (2) When describing essential characteristics, permissible tolerances should be indicated. Avoid specifying a characteristic (e.g., a specific dimension) of a brand name product unless it is essential to the Government's need. The contracting officer must be able to justify the requirement. 1910.004-71 Limits on the use of brand name or equal purchase descriptions. (a) General. (b) In small purchases within the open market limitations, brand name policies and procedures shall be applicable to the extent practicable. (c) Approval required. 1910.004-72 Solicitations, brand name or equal descriptions. (a) An entry substantially as follows shall be prominently inserted in the item listing after each item or component part of an end item to which a brand name or equal purchase description applies. Bidding on: Manufacturer's Name: Brand: No.: (b) Because bidders frequently overlook the requirements of the clause at 1952.210-70 “Brand Name or Equal,” the following note shall be inserted in the item listing after each brand name or equal item (or component part), or at the bottom of each page, listing several such items, or in a manner that may otherwise direct the offeror's attention to this clause. Offerors offering other than brand name items identified herein should furnish with their offers adequate information to ensure that a determination can be made as to equality of the product(s) offered (see the provision “Brand Name or Equal” set forth in 1952.210-70 of the solicitation). (c) If offeror samples are requested for brand name or equal acquisitions, the above notice shall not be included in the solicitation. 1910.004-73 Offer evaluation and award, brand name or equal descriptions. An offer may not be rejected for failure of the offered product to equal a characteristic of a brand name product if it was not specified in the brand name or equal description. However, if it is clearly established that the unspecified characteristic is essential to the intended end use, the solicitation is defective and no award may be made. In such cases, the contracting officer should resolicit the requirements, using a purchase description that sets forth the essential characteristics. 1910.004-74 Procedure for negotiated procurements and small purchases. (a) The policies and procedures prescribed for sealed bid procurements shall be generally applicable to negotiated procurements. (b) The clause set forth at 1952.210-70 may be adapted for use in negotiated procurements. If use of the clause is not practicable (as may be the case in unusual and compelling urgency purchases), suppliers shall be suitably informed that proposals offering products different from the products referenced by brand name will be considered if the contracting officer determines that the offered products meet fully the salient characteristics requirements of the solicitation. (c) In small purchases within open-market limitations, such policies and procedures shall be applicable to the extent practicable. 1910.011 Solicitation provisions and contract clauses. The Contracting Officer shall include the provision at 1952.210-70, Brand Name or Equal, in solicitations for which brand name or equal purchase is used.

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