52.211-6
Brand Name or Equal
When offering an "equal" product instead of the specified brand name, contractors must clearly demonstrate that their product meets all salient characteristics and provide detailed supporting documentation.
Overview
FAR 52.211-6, "Brand Name or Equal," sets forth requirements for solicitations where the government specifies a brand name product but allows offers of equivalent products. The provision ensures that any "equal" product offered must meet the government's stated needs by matching the salient characteristics described in the solicitation. It outlines the documentation and identification requirements for offerors proposing "equal" products and clarifies the evaluation process for such offers.
Key Rules
- Salient Characteristics Requirement
- "Equal" products must meet all salient physical, functional, or performance characteristics specified in the solicitation.
- Product Identification
- Offerors must clearly identify the brand name, make, or model number of the product offered.
- Descriptive Literature Submission
- Offerors must provide descriptive literature (e.g., illustrations, drawings) or reference previously submitted data to demonstrate compliance.
- Modification Disclosure
- Any planned modifications to make a product conform must be clearly described and marked in the submitted materials.
- Evaluation Based on Submitted Information
- The Contracting Officer will evaluate "equal" products only on information provided or identified in the offer; the government is not responsible for seeking additional information.
- Default to Brand Name
- If the offer does not clearly indicate an "equal" product, the brand name product specified must be supplied.
Responsibilities
- Contracting Officers: Must specify salient characteristics in the solicitation and evaluate offers based on submitted information.
- Contractors: Must ensure "equal" products meet all requirements, provide clear identification, submit descriptive literature, and disclose modifications.
- Agencies: Must ensure solicitations and evaluations comply with this provision.
Practical Implications
- This provision ensures fair competition while allowing flexibility in sourcing products. Contractors must be diligent in documenting and demonstrating equivalency. Failure to provide required information or meet salient characteristics can result in disqualification. Common pitfalls include insufficient documentation or unclear product identification.