Solicitation provision
FAR 11.107 requires specific solicitation provisions when using brand name or equal descriptions or Government-unique standards, ensuring transparency and compliance with federal standards reporting.
Overview
FAR 11.107 outlines the requirements for including specific solicitation provisions when using brand name or equal purchase descriptions and when referencing Government-unique standards in solicitations. The section ensures that solicitations are clear about acceptable products and standards, and that agencies comply with federal reporting requirements regarding the use of voluntary consensus standards.
Key Rules
- Brand Name or Equal Provision (52.211-6)
- When a solicitation includes brand name or equal purchase descriptions, the contracting officer must insert provision 52.211-6. This provision allows offerors to propose products that are equal to the brand name specified, provided they meet the salient characteristics.
- Alternatives to Government-Unique Standards (52.211-7)
- When a solicitation uses Government-unique standards and the agency reports its use of voluntary consensus standards to NIST via the transaction-based method, provision 52.211-7 must be included. Agencies using the categorical reporting method may include this provision at their discretion.
Responsibilities
- Contracting Officers: Must determine the appropriate provision(s) to include based on the solicitation's requirements and the agency's reporting method for standards.
- Contractors: Should review solicitation provisions to understand if alternatives to brand name products or Government-unique standards are permitted and what documentation is required.
- Agencies: Must manage and report their use of standards according to OMB Circular A-119 and agency regulations.
Practical Implications
- This section ensures transparency and competition by allowing alternatives to specified brand names and standards when appropriate.
- Contractors must pay close attention to solicitation provisions to ensure compliance and eligibility.
- Misapplication or omission of these provisions can lead to protest or non-compliance with federal reporting requirements.