11.104
Use of brand name or equal purchase descriptions
When using brand name or equal purchase descriptions, agencies must clearly define the essential characteristics that an "equal" product must meet to ensure fair competition.
Overview
FAR 11.104 addresses the use of brand name or equal purchase descriptions in government contracting. While performance specifications are generally preferred to foster innovation and competition, this section allows for the use of brand name or equal descriptions when necessary. When using such descriptions, contracting officers must specify not only the brand name but also the essential physical, functional, or performance characteristics that an "equal" product must meet to be considered for award. This ensures that the procurement remains competitive and that alternative products can be considered if they meet the stated requirements.
Key Rules
- Preference for Performance Specifications
- Agencies should use performance specifications to encourage innovative solutions, but brand name or equal descriptions are permitted when appropriate.
- Salient Characteristics Requirement
- Brand name or equal descriptions must include a general description of the key characteristics that an equal item must meet to be acceptable for award.
- Firm Requirements
- Use brand name or equal descriptions only when the salient characteristics are non-negotiable and essential for the procurement.
Responsibilities
- Contracting Officers: Must justify the use of brand name or equal descriptions and clearly define the salient characteristics in the solicitation.
- Contractors: Must ensure that proposed "equal" products meet all specified salient characteristics to be considered for award.
- Agencies: Should oversee that brand name or equal descriptions are used appropriately and not to restrict competition unnecessarily.
Practical Implications
- This section ensures fair competition by allowing alternatives to brand name products if they meet essential requirements.
- Contractors can propose equivalent products, but must carefully review and address all salient characteristics.
- Common pitfalls include failing to specify salient characteristics or using brand names to improperly limit competition.